Georgia Workers' Compensation: Answers to questions most frequently asked by employees |
What is Workers Compensation? Answer: Workers Compensation is a system established by the Georgia Legislature to provide employees with remedial medical treatment and, under certain circumstances, wage benefits while they are recovering from an on the job injury. Who is covered by Workers Compensation Benefits? Answer: Any employee working for an Employer in the State of Georgia may benefit from Georgia Workers Compensation laws. Does an independent contractor qualify for Workers Compensation Benefits? Answer: No. A true Independent Contractor is not considered an employee. However, just because your Employer pays you as an Independent Contractor by using a form 1099 and not withholding taxes, it does not mean that you would not be considered an Employee rather than an Independent Contractor under Georgia Workers Compensation law. If the Employer has the right to control the time, manner, and means of employment, the worker is considered an employee rather than an Independent Contractor. If I am injured on the job, does my Employer have to provide emergency medical treatment? Answer: In an emergency situation, the employee is allowed to go to any medical provider in order to seek emergency treatment. Can I choose my own doctor for follow up medical treatment? Answer: No. Follow up medical treatment must be provided by an authorized treating physician that is chosen by the Employer if you expect the Employer to pay for that treatment. The law requires Employers to post a Panel of Physicians in the work- place. If your Employer has not posted a Panel of Physicians, you may choose treatment under any medical provider. May I choose my own doctor for medical treatment under my health insurance plan for a Workers Compensation injury? Answer: Yes. You only have to use an authorized treating physician when you expect the Employer to pay for that treatment through their Workers Compensation insurance. What happens if I miss time from work due to my injury? Answer: If an Employee is out of work for seven or more consecutive days because of an injury, the Employer has to pay that Employee temporary total disability benefits. What are Temporary Total Disability Benefits and how are they calculated? Answer: Temporary total disability benefits are payments to the Employee from the Employer that are substituted for loss wages. The maximum an Employee can receive per week is $425.00. How can I determine how much I should be paid per week in temporary total disability benefits (TTD)? Answer: Georgia Workers Compensation law requires that the Employee take the average salary, before taxes, for the last 13 weeks before the injury. The Employee has a right to receive 2/3 of that amount, not to exceed $425.00 per week. Who decides if I am disabled and therefore unable to go back to work? Answer: The authorized treating physician determines the length and extent of an Employee's disability. What happens if the doctor decides that I can return to work with restrictions or on light duty? Answer: If an employee is released to return to work with restrictions and/or "light duty," the Employer must provide a job that meets the doctor's restrictions. If the Employer cannot provide light duty work, then the Employee does not have to return to work and may continue to draw temporary total disability benefits. Can I do anything if I am dissatisfied with the medical care rendered by my authorized treating physician? Answer: Yes. At one time during the fee pendancy of their claim, the Employee may choose to switch to another authorized treating physician by choosing from the Employer's panel. Can I receive pain & suffering for my Workers Compensation injury? Answer: No. Unfortunately Georgia law does not provide a mechanism for Employees to recover pain and suffering from a work-related injury. While you can recover wage and medical benefits, a Claimant cannot recover for pain and suffering. What if I am a Federal Employee, can I receive Workers Compensation benefits? Answer: Yes, but Federal Employees have a completely different system for Workers Compensation and should seek advice from an attorney as Georgia law differs dramatically for Federal Workers Compensation law. Am I entitled to recover if I have a permanent injury? Answer: Yes. If your authorized treating physician determines that your injury is permanent, you are entitled to receive permanent partial disability benefits, which would vary depending on the seriousness of your injury. Can I receive reimbursement for my mileage to and from the doctor’s office? Answer: Yes. It is very important that you keep track of your mileage as Workers Compensation law mandates that the Employer must reimburse you for mileage. What if I miss less than seven days from work because of my injury? Answer: Remember that Workers Compensation law requires that the Employer only has to pay temporary total disability benefits when an Employee misses seven consecutive days or more from work. I have been injured on the job and my employer wants me to take a drug test. Do I have to submit to a drug test? Answer: If you wish to receive Workers Compensation benefits, you will have to submit to the drug test. Keep in mind, the law mandates that the Employer must arrange for a drug test within 8 hours of the injury for the drug test to be effective. I have heard that Attorneys handle Workers Compensation on a contingency fee basis. What percentage may an Attorney charge? Answer: Georgia law mandates that an Attorney may charge 25% contingency fee for representing an injured employee in a Workers Compensation case. I currently have an Attorney handling my Workers Compensation claim and I wish to hire another Attorney. How do I do this? Answer: An Employee can dismiss an Attorney representing them on their Workers Compensation claim by terminating them in writing. Keep in mind that an Attorney may place a lien on the Workers Compensation case for the amount of hours that they have worked on the claim. Can I recover for a psychological injury? Answer: Yes, but only if the psychological injury results from an actual physical injury on the job. What if I have a Workers Compensation injury and then get fired from my job after the injury? Answer: The Employer is still responsible for Workers Compensation medical and wage benefits. Firing an Employee does not relieve an Employer of their responsibility under the Workers Compensation Act. What happens if I am injured on one job but decide to take another job with another Employer after my injury? Answer: The Employer that you were working for when you were originally injured still has to pay Workers Compensation benefits even if you longer work for that Employer or find another job. Is there a statute of limitations in Workers Compensation? Answer: The law requires that the Employer is required to file a WC-14 form within one year from the date of the accident. This statute of limitations may be extended under certain circumstances. It is best to consult an Attorney. |
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