Category Archives:workers compensation claim
What to Do After a Georgia Workplace Injury
Most employers are required to purchase Workers’ Compensation Insurance. Injuries at the workplace are more common than most people may think. The Bureau of Labor Statistics reports that out of every 100 Georgia workers, 3.4 cases are reported every year. After a workplace injury, it can be very troubling and difficult. However, there are several things you must do.
- Report your injury to your supervisor immediately. It is best to report the injury as soon as possible. In Georgia, you must inform your employer within 30 days of the injury.
- If your injury is an emergency and you must go to the emergency room or hospital, make sure you report your injury as soon as possible and let them know at the hospital that you were injured at work. You should notify your Employer in writing, and make sure you keep a copy for yourself.
- Stay Calm and seek knowledgeable legal counsel. Workplace injuries in Georgia can be difficult and complex. It is a good idea to have a good workers compensation lawyer to counsel you about your options and represent you when dealing with the insurance company. Do not give a recorded statement to the insurance company without consulting a lawyer first.
- Make an appointment with a doctor that is approved by your employer. Don’t miss any appointments and do everything the doctor says. Be honest about your medical history and everything that happened leading up to the accident.
- Complete all necessary forms. You will have to fill out a form for the Workers’ Compensation Benefits. If you hire a workers’ compensation lawyer they will take care of all of these things for you and do their best to make your recovery as easy as possible, and will work to pursue the full compensation you deserve.
What to Expect Payment After Settling Workers’ Comp Claim
After mediating or otherwise settling a workers’ compensation claim in Georgia you will probably be wondering when to expect your check. The Georgia State Board of Workers’ Compensation uses a paperless filing system. The ICMS system (Integrated Claims Management System) allows workers’ compensation claims in Georgia to be approved quite quickly. Here is a breakdown of the process of settling a workers’ comp claim in Georgia and getting paid:
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Both parties reach an agreement. Typically this is a dollar figure, it can also include medical care or other provisions that either side wishes to include.
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The defense attorney sends a copy of the agreement to the employer
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The claimant and their attorney (if they are represented) gets a copy of the agreement. They will be required to sign their name in several places.
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The agreement is sent back to the defense attorney for signatures.
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The agreement is sent electronically to the State Board of Workers’ Compensation in Atlanta via ICMS.
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The State Board approves the agreement. This usually takes about a day or two.
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The employer and/or insurance company has 20 days to issue payment.
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If the employer/insurance company fails to pay within 20 days of the Georgia State Board’s approval, a penalty of 20% may be added (per O.C.G.A. 34-9-15).
A worker’s compensation case in Georgia involves a hearing that is held in front of an Administrative Law Judge with no jury. It is a fast track proceeding. You should expect the outcome from 30 – 90 days from when you make your request. With a computer based paperless system, exact precision with filings is required in order for the documents to be processed correctly and efficiently. The State Board has a form for obtaining evidence in possession of the opposing party even before a hearing is requested.
3 Reasons Why You Should Not Apply For Social Security Disability During Your Workers’ Compensation Claim
Many people apply for Social Security Disability while they are receiving workers’ compensation benefits. In most instances this is a mistake. When you are injured on the job in Georgia you will receive medical care and weekly benefits if you are unable to work. Many injured workers are concerned that they will not be able to return to work because of their injuries. 
They worry about their future and decide to apply for Social Security Disability. For the following reasons the injured worker should wait until his or her claim is settled before applying for Social Security Disability.
GA Workers Compensation Weekly Benefit – How It Is Calculated
Once you have been totally disabled by the authorized treating physician your GA workers compensation weekly benefits will begin. Your compensation rate is based on the average wage for the thirteen weeks prior to your date of injury. The insurance company sends a form to the employer (WC-6) and the employer inputs your gross wages for each of the thirteen weeks prior to the accident. For GA Workers’ Compensation Weekly Benefit, you will receive two-thirds of that average weekly wage. For example, if your average wage was $600 you would receive a weekly workers’ compensation benefits of $400.
Workers Compensation Benefits
Temporary Total Disability (TTD) Workers Compensation Benefits
This benefit is paid to an employee who is unable to work as determined by the authorized treating physician. If the treating physician determines that you are totally disabled for a period of time you will receive this weekly benefit. This amount paid each week is two-thirds of the injured workers’ average weekly wage at the time of the accident. This amount cannot exceed the maximum amount set by Georgia’s law, which is currently $500. If the injured worker is a high wage earner he or she can still only receive a maximum of $500 per week while totally disabled.
Workers' Comp Claim, How Long Do I Have To File?
Just like personal injury and wrongful death claims, employees who have been injured have a time limit within which to file for workers’ comp claim in GA. Not only should the time limit for filing a workers’ comp claim be adhered to, but the time frame for notifying the employer about the injury must also be observed. Failure to observe both time limits in filing a workers’ comp claim may result in the claim being denied and the injured employee, such as yourself, will lose valuable rights in recovering benefits you should be entitled to. Let’s talk about these time limits in more detail about your workers’ comp claim.
Can You Sue Your Employer If You Are Fired After A Workers’ Compensation Injury
I am asked if I can sue my employer at least once a month by one of my clients or someone calling me for advice. The answer is,”no”, you can not sue your employer. Georgia is a termination-at-will state.
The “AT WILL” employment doctrine in Georgia means that most employees usually are regarded as employees “at will.” Workers in Georgia work at the will of the employer and the employer can fire the worker for any reason at any time. It has been said that the worker can be terminated for “a good reason, a bad reason, or for no reason at all.” You can not sue your employer.
Light Duty Job - Know Your Rights
You have been totally disabled by the treating physician and then the doctor decides you can do a light duty job. Don’t just return to work because the employer “says” they have light duty job for you. The employer and insurer must follow a certain procedure dictated by the law as outlined in the Statute. The Statute requires the employer and insurer to file certain forms with the Board of Workers’ Compensation before you are required to return to work and try the light duty job.
Workers Compensation Doctors - Can I See My Own Doctor
When you are injured on the job you should be given the opportunity to choose a workers compensation doctor from the posted panel of physicians. It is required under Georgia law that the employer maintain a workers compensation panel of six doctors. The employer should not just tell you which doctor to go see but rather let you choose a doctor from the panel. Once you are injured on the job ask your employer to see the panel of Workers Compensation Doctors.
You cannot just treat with your personal doctor and expect the employer to pay the bills and pay weekly compensation. If the employer has a valid panel then you must see their Workers Compensation Doctors.
Can You Be Fired While On Workers Comp
Yes, you can be fired while on workers comp
I am asked this question at least once a month by one of my clients or someone calling me for legal advice. The answer is “yes”, you can be fired while on workers comp. Georgia recognizes the doctrine of “Employment at Will”. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause or no cause at all, so long as it is not an illegal cause.