Macon, Georgia Workers’ Compensation Attorneys

What to do after a workplace accident in Georgia

The steps you take after a work-related injury are crucial to receiving the compensation you are entitled to. If you have any questions, don’t hesitate to contact a knowledgeable workers’ compensation lawyer near you to find out what actions you should take.

In general, here’s how to file a claim and secure your workers’ compensation benefits if you were hurt on the job in Georgia:

1. Get emergency treatment. If your injury is critical and catastrophic, seek medical attention immediately by going to the nearest hospital or emergency room. Your health and well-being is your top priority. We can figure out how that impacts your workers’ compensation claim later. If, however, your injury doesn’t constitute an emergency but nevertheless requires treatment, move onto the next step.
2. Notify your employer. Be sure to report the work-related injury, illness or accident to your employer (such as a manager, supervisor or a human resources (HR) person) as soon as possible. Telling a coworker or your spouse doesn’t count. Your employer should provide you with the forms and resources you’ll need to file a claim, including a list of “authorized” doctors (known as the “panel of physicians”). Georgia statute clearly says that if you suffer a workplace injury, you must report it to your employer within 30 days.
3. See a doctor. Schedule an appointment with a doctor listed on your employer’s Panel of Physicians. Be sure to tell them honestly how and when the injury or illness arose, and be truthful about how it is impacting your life. Follow any treatment recommendations and take any prescriptions they give you.
4. File a claim. You’ll need to fill out and submit a WC-14 “Notice of Claim” form with the State Board of Workers’ Compensation. Your employer should be able to provide this form to you, but you can also access the form here. You’ll need to send a copy of the completed form to your employer and their workers’ compensation insurance carrier. Take the time to complete this form accurately because the information provided here will be used to approve or deny your claim. You must complete and submit your WC-14 form within 1 year of the accident that caused your injuries, or from the date you were first diagnosed with an occupational illness.

Workers’ compensation FAQ: common questions and answers

What is workers’ compensation?

Workers’ compensation (sometimes referred to as “workers’ comp,” “workman’s compensation” or “workman’s comp”) is a set of laws designed to provide medical and wage benefits to workers who are injured or become ill on the job or while performing a job-related activity without the need for litigation.

According to the State Board of Workers’ Compensation:

Workers’ compensation is an accident insurance program paid by your employer which may provide you with medical, rehabilitation and income benefits if you are injured on the job. These benefits are provided to help you return to work. It also provides benefits to your dependents if you die as a result of a job related injury.

What workers’ comp benefits can I get in Georgia?

Georgia workers who are injured during job activities or who become ill as a result of their work are generally entitled to financial benefits that provide reimbursement for the following expenses:

• Medical bills. Workers’ compensation should cover all of your necessary medical expenses related to treating your occupational injury or illness, including surgery, exams, hospital/doctor visits, therapy, treatment, medication, etc. Most employers in Georgia have a list of 6 approved doctors (the “panel of physicians”) that the injured worker must receive treatment from.
• Lost wages. Generally, wage loss (indemnity) benefits compensate an injured worker for up to two-thirds of their weekly salary before the injury occurred. When a worker gets hurt on the job, they typically fall into 1 of 4 categories of disability under Georgia law:
  • Temporary partial disability (TPD) — when a person can return to light work or a modified version of the job they worked before an accident
  • Temporary total disability (TTD) — when a person is unable to work for at least 7 days
  • Permanent partial disability (PPD) — when a person is injured with permanent damage but has some capacity to still work
  • Permanent total disability (PTD) — when a medical professional declares that your medical treatment is complete and nothing else can be done to correct the damage connected to your workplace injury
• Travel reimbursement. If you need to travel in order to receive medical treatment, workers’ compensation benefits should cover these costs as well.
• Vocational training and rehabilitation. In the event that you’re so seriously injured that you’re unable to return to your previous work, you may be entitled to benefits to help pay for job placement and career retraining services.
• Death benefits. If your loved one was killed in a workplace accident or due to an occupational illness, then you may also be entitled to fatal workers’ compensation benefits to reimburse you for funeral and burial expenses.

Is workers’ compensation required in Georgia?

Workers’ compensation requirements vary from state to state. In Georgia, most employers with 3 or more full-time, part-time or seasonal employees are required to have workers’ compensation insurance. For incorporated or LLC businesses, the corporate officers or members are included in this count of 3 or more employees.

Employers must also post a notice that they are compliant with state laws in a place that is prominent and easy to see. They must also clearly display the State Board of Workers’ Compensation Bill of Rights for injured workers as well as a list of approved doctors so that injured workers can easily see where to get treatment.

Exceptions to this rule are rare. Only railroad carriers, U.S. government agencies, farm laborers and domestic servants are exempt from this requirement.

What if my employer doesn’t have workers’ compensation?

If your employer doesn’t carry workers’ compensation insurance, they can be held both civilly and criminally liable.

The State Board of Workers’ Compensation may fine the non-compliant employer $100 to $1,000 per violation and assess civil penalties, as well as a 10 percent increase in compensation for the injured employee. If the employer lied about having workers’ compensation or made false statements in order to mislead an injured employee about the benefits available to them, they can also be fined $1,000 to $10,000 per violation. In addition, employers can be fined $500 to $5,000 (per violation) for intentionally failing to offer coverage to employees as directed by the Workers’ Compensation Act.

Not only do employers who fail to provide workers’ compensation coverage face civil penalties, but they can also be criminally prosecuted. Failing to provide workers’ compensation when directed by law is a misdemeanor offense in Georgia, punishable by up to a $10,000 fine and 1-year prison sentence.

Just because your employer didn’t provide workers’ compensation coverage like they were supposed to doesn’t mean that you’re necessarily stuck paying the bills without an income. In such cases, you might be able to sue your employer to recover from the cost of your workplace injury or illness — including medical expenses and lost wages. In addition, you may be able to sue for emotional distress such as pain and suffering due to your job-related accident. Lastly, you might be able to get punitive damages from their employer to punish them for willfully endangering their employees by not providing workers’ compensation coverage.

Also, if you’d like to learn more about your legal options when it comes to suing your employer, consult our top-rated Georgia workers’ compensation attorneys immediately. Suing your employer in court is a much more complex and lengthy process compared to normal workers’ compensation claims. We can help you calculate the total costs and determine what’s the best move for you and your family.

Is there a deadline to file a workers’ compensation claim?

Yes! Unlike Georgia personal injury cases, which must be filed within 2 years, most workers only have 1 year to file a workers’ compensation claim. After this deadline, your ability to receive benefits will likely be barred or denied. The clock starts ticking from the date of the accident, or from the date your work-related injury/illness was discovered.

Injured on the job? Get answers from our Macon work injury lawyers.

If you need help getting your workers’ compensation benefits, give us a call or contact us online for your free consultation with a knowledgeable and experienced lawyer. From offices in Macon, Albany and Warner Robins, we help injured workers throughout Georgia. Don’t settle for less, get more.