back to Workers' Compensation main page Workers' Compensation FAQ If you are injured on the job, you have rights under the Georgia workers' compensation laws. Please choose a question that you would like addressed: If you're injured on the job here is what to do -
Report the accident ( even if you think the injury is minor) to a supervisor as soon as possible. -
Make sure a report of the incident is written. -
Ask a supervisor or some one from your company's Human Resources department if the company has a “ posted panel of doctors' ( list of at least six doctors) If so request a copy if not request note in writing that there is no panel. -
Make an appointment with a doctor. Make sure you tell the doctor what happened and the visit is to be billed to your company's workers' compensation insurance company. Do not bill this to your health insurance. -
Also request written instructions from the doctor with regard to future treatment and your ability to work. -
Keep your employer informed. -
Make sure the workers' compensation carrier is aware of your claim. This information is usually listed on the posted panel, it is usually not the same as your heath insurance.  What is the purpose of workers' compensation laws? The workers' compensation laws are designed to apply when an employee of a company suffers an injury arising out of and in the course of his/her employment. It does not matter how the accident happened, even if it was caused by the negligence of the worker. As long as the injured employee was hurt while on the job and working for his employer, the workers' compensation law applies. The workers' compensation system is designed to eliminate negligence lawsuits by an employee against his employer. The advantage to this is that it is easier for an injured worker to collect benefits. This disadvantage is that the benefits available to an injured worker are already set out in the law. As a result the money settlement or verdict that an injured worker receives under worker's compensation is usually less that what a similarly injured person would receive from, for example, an auto accident case.  Who can collect under the workers' compensation laws? To be eligible for workers' compensation benefits, you need only show that you were injured in the course of your employment, while you were doing work that was a normal part of your job, or, in some cases, while you are coming or leaving your job. You must also be employed with a company that employs more than three employees. Because injuries often do not become obvious until hours or even days following an accident, it is important that you notify your supervisor of any accident, and write down the names of any witnesses who saw what happened. Should your employer challenge your version of your accident, you will have witnesses who can testify on your behalf.  What kinds of benefits are available under the workers' compensation laws? The benefits available to you under the workers' compensation laws fall into three categories: wage benefits, medical benefits, and rehabilitation benefits. Not every injured worker is entitled to all of these benefits, however, and there are special rules as to how and when you can receive your benefits. Under the Georgia workers' compensation law, you are entitled to a weekly check of 66% or 2/3% of your average weekly wage, In order to collect weekly benefits, you must be under the care of a physician, and you must be considered disabled from work. The full wage benefit is given for total disability from work. If you are still working, but your hours or take home pay is reduced, you may be entitled to a partial wage benefit. Your attorney can explain how the wage benefit calculation is done. Georgia law provides that you will not receive any wage benefits unless you have been disabled from work for 7 days. And the insurance company has 21 days from the date of your disability to send your check. This means that you will likely receive your first disability check on the 21st day following your accident. The reason for this strange provision is that the insurance companies who actually pay wage benefits on behalf of your employer have convinced the Georgia legislature that the paperwork and administration of paying claims of less than one week would be too burdensome. A second benefit available to an employee injured on the job is free medical care. Every employer with more than three employees is required to post a "panel of physicians" that contains the names and addresses of at least six unassociated doctors or clinics. If this panel is posted, you must go to one of these "company doctors." Usually, a posted panel will be colored pink, and it will be about twice the size of the photocopy. If you choose your own doctor, you will be responsible for payment. If you have to go to the emergency room in an emergency, your employer will be responsible for payment, although you will have to go to the company doctor as soon as the emergency is over. The care and treatment of injured workers by "company doctors" is probably the most controversial part of the workers' compensation system. Often, the company doctor is actually a clinic that handles only workers' compensation cases for the workers' compensation insurance company. Needless to say, these workers' compensation clinics often seem more interested in getting workers back to full duty status within 21 days than in treating injuries. There are several procedures in which we can attempt to get a more objective physician, or a specialist "authorized" to perform treatment at the expense of the workers' Compensation insurer. You can help us by writing down all of the names on the posted panel, or, if you don't see a posted panel, bringing us the names of fellow workers who can testify that there is no posted panel. We often find that employers make mistakes regarding the proper posting of the company doctors. All facts regarding the posted panel are important, so everything you can remember will be helpful. We have found that most of the litigation in our workers' compensation practice centers around the question of whether or not our client (you) has suffered any sort of permanent injury as a result of his workers' compensation accident. It is therefore very important that you remember to tell your doctor exactly what happened to you, and describe in detail everything that hurts. If you are treating with a company doctor, you should keep your attorney informed as to exactly what the doctor does when you are examined. You should also keep track of your mileage to and from the doctor, since the insurance company will reimburse you 28 cents per mile. The workers' compensation law does not require your employer's workers' compensation insurer to provide rehabilitation benefits for all injured claimants. Your attorney will be able to advise you if you are entitled to these benefits.  |