Podcast: Georgia Workers’ Compensation FAQ: 10 Common Questions Answered by Attorney Thomas Herman

Question: What Is the Biggest Mistake Someone Can Make After Getting Hurt at Work?

Answer: The biggest mistake is failing to report the injury to your employer. Even if the injury seems minor at first, it should be reported to a supervisor as soon as possible. If symptoms worsen later and the injury was never reported, the workers’ compensation claim may be challenged or denied.

Question: What Should My Employer Do After I Report an Injury?

Answer: Once an injury is reported, the employer should provide access to approved medical providers and document the incident according to company procedures. Employees should make sure the injury is properly reported and that any required accident reports are completed.

Question: Can I Be Fired While Receiving Workers’ Compensation Benefits?

Answer: Georgia is an at-will employment state, which means employers can terminate employees for many reasons. However, being fired does not eliminate an employer’s responsibility to provide workers’ compensation benefits for a valid workplace injury.

Question: What Does “At-Will Employment” Mean in Georgia?

Answer: At-will employment means an employer can terminate an employee for almost any reason that is not otherwise prohibited by law. Likewise, employees can leave their jobs at any time. Workers’ compensation rights remain separate from employment status.

Question: Do I Have to Use the Company’s Doctor?

Answer: If you want medical treatment covered through workers’ compensation, you must generally use a doctor from the employer’s approved panel of physicians. If the employer fails to provide access to approved medical care, you may have options to seek treatment elsewhere.

Question: What Happens If I Don’t See a Doctor Right Away?

Answer: Many workplace injuries do not seem serious immediately after an accident. If symptoms develop later, employees should notify their employer and request medical treatment related to the previously reported incident. Delayed symptoms do not automatically prevent a valid claim.

Question: How Much Will Workers’ Compensation Pay?

Answer: Workers’ compensation benefits may replace a portion of lost wages when an employee cannot work because of a workplace injury. If an employee is completely unable to work, temporary total disability benefits are generally paid at two-thirds of the worker’s average weekly wage, subject to applicable limits.

Question: Why Would My Workers’ Compensation Checks Stop?

Answer: There are several reasons benefits may legally stop, including:

• Being released to return to work without restrictions
• Returning to work at the same or higher wage
• Reaching the maximum benefit period allowed by law
• Settlement of the claim
• Death of the injured worker

If benefits stop unexpectedly, it is important to determine whether the termination of benefits was legally justified.

Question: Can I Be Fired for Filing a Workers’ Compensation Claim

Answer: An employer may terminate an employee under Georgia’s at-will employment laws. However, termination does not automatically end a workers’ compensation claim if the injury occurred while the employee was working.

Question: What If My Injury Gets Worse Later?

Answer: In some situations, an injured worker may be able to seek additional benefits if their condition worsens after benefits have stopped. Certain time limits apply, making it important to understand the deadlines that may affect a claim.

Question: What Should I Do If My Boss Tells Me Not to File a Claim?

Answer: Employees should protect their rights by properly reporting the injury and filing a claim when appropriate. Relying solely on informal promises from an employer can create complications if medical expenses or wage loss become significant.

Question: If I’m Hurt in a Car Accident While Working, Do I Have Two Cases?

Answer: Yes. An employee injured in a work-related vehicle accident may have both a workers’ compensation claim and a separate personal injury claim against the at-fault driver. Similar situations can arise when a third party causes an injury while someone is performing job duties.

Question: When Should I Contact a Workers’ Compensation Lawyer?

Answer: It may be time to speak with an attorney if:

• Medical treatment is being delayed or denied
• Wage benefits are not being paid
• The claim has been denied
• Questions about your rights are not being answered
• You are unsure whether you are receiving all available benefits

Even a consultation can help clarify your legal options and responsibilities.

Question: What Is One Thing Insurance Companies Hope Injured Workers Never Learn?

Answer: Many injured workers are unaware of the full range of benefits and protections available under Georgia workers’ compensation law. Understanding your rights can help ensure you receive the medical treatment and financial support you may be entitled to.

Question: Does Workers’ Compensation Cover Aggravation of a Pre-Existing Injury?

Answer: Yes. If a workplace incident aggravates or worsens a pre-existing condition, workers’ compensation benefits may still be available. The focus is often on whether the work-related event contributed to the worsening of the condition.

Question: How Long Do I Have to File a Workers’ Compensation Claim?

Answer: In many cases, Georgia workers have one year from the date of the injury to file a claim. Certain circumstances involving ongoing medical treatment may affect filing deadlines, making it important to act promptly.

Question: Are Employers Required to Carry Workers’ Compensation Insurance?

Answer: Generally, Georgia employers with three or more regular employees are required to maintain workers’ compensation insurance coverage.

Question: Why Are Workers’ Compensation Claims Denied?

Answer: Some of the most common reasons include:

• Failure to report the injury promptly
• Disputes about how or when the injury occurred
• Questions involving pre-existing conditions
• Insufficient documentation
• Disagreements regarding whether the injury is work-related

Prompt reporting and proper documentation can help strengthen a claim.

Watch the full podcast above for Attorney Thomas Herman’s detailed answers to these frequently asked workers’ compensation questions and learn more about your rights after a workplace injury in Georgia.