Workers' Compensation FAQ

The Georgia Workers’ Compensation Act (GWCA) is a state law that requires employers to purchase insurance for the benefit of employees who have suffered an injury arising out of and in the course of employment.

No. An employer must have three or more employees before it is required to carry workers’ compensation insurance for the benefit of its employees.

No. Railroad workers, domestic servants, and farm laborers are specifically excluded from the protections afforded under the GWCA. The same rule applies to independent contractors unless it can be shown that the employer exercised a sufficient right of control over the independent contractor on the date of the accident.

Georgia residents who are injured while on the job in another state are subject to the GWCA as long as their employment meets certain requirements. The following must be true to have rights under the GWCA: the contract of employment was made in the state of Georgia, the employer’s place of business or the residence of the employee is in the state of Georgia, and the contract of employment was not expressly for services exclusively outside of the state of Georgia.

Generally speaking, an employee injured on the job is potentially entitled to receive income benefits, medical benefits, and disability benefits. Income benefits consist of temporary total disability benefits (currently capped at $800 per week, not to exceed 400 weeks in duration) and temporary partial disability benefits (currently capped at $533 per week, not to exceed 350 weeks in duration). Medical benefits refer to the medical, surgical, and other treatments which are prescribed by a licensed physician and are reasonably required to effect a cure, provide relief, or restore the injured employee to suitable employment. Last, disability benefits are the additional income benefits that an injured employee receives when his or her injury results in a permanent loss of use and/or function.

An employer’s workers’ compensation insurance takes effect and protects the employee beginning on day one of their employment.

The GWCA addresses the issue of bias by giving an injured employee the right to a one-time change of their authorized treating physician. Additionally, the GWCA gives an injured employee the right to a one-time independent medical examination, partially funded by the employer. Whether or not an injured employee should exercise either of these rights is an important decision that should be made in consultation with a workers’ compensation attorney.

A panel of physicians refers to the list or network of medical treatment providers that an employer is supposed to give to an employee who has been injured on the job. Generally speaking, the panel identifies who the injured employee is authorized to treat with in the event of an injury arising out of and in the course of employment.

An employee who has been injured while on the job is entitled to receive medical mileage reimbursement, at a rate of 45 cents per mile, from the employer. As such, an injured employee should keep a log of the miles driven to and from his or her doctors’ appointments, including physical therapy.

An employer is not legally required to pay for medical treatment stemming from an injured employee’s preexisting condition. However, if the workplace accident has aggravated his or her preexisting condition, then the employer is required to pay for the injured employee’s medical treatment so long as the aggravation persists.

A workers' compensation attorney can help you file your claim as well as assist in settling with the insurance company. Fighting for fair compensation can be a difficult and time consuming task and working with an experienced workers' compensation lawyer can help you get compensation for your necessary leave of absence from work as well as for the medical care you need if you were injured on the job.

Anyone who is employed by a company with at least three employees on the payroll. Under Georgia law, you are covered from your first day on the job.

I can help you fill out all the necessary legal paperwork to ensure your claim doesn't get denied. I can represent you in a hearing or in court if your claim is denied or challenged. I can also help you strengthen your case by collecting evidence, enlisting the help of experts, and standing up to your employer so that you receive the maximum compensation you deserve.