What is Workers' Compensation?

Workers' Compensation is a type of insurance and a set of Georgia laws that requires payment of medical benefits and wages to workers that are injured while on the job.  Every employer in Georgia with over three employees is required to pay for Workers' Compensation insurance, regardless of what industry the employee works in.  Georgia's Workers' Compensation system is a "no-fault" system, meaning that if you are injured on the job, you are entitled to the available Workers' Compensation benefits, even if your employer was not at fault for your injury.  This is often good for workers, however, the trade-off is that an employee injured on the job typically cannot sue their employer for the injury.  The employee must go through the Workers' Compensation system and is limited by the rules of that system.  While you usually cannot sue your employer, if another person or company was responsible for your injuries, you may be able to assert a claim against that person or company in addition to your Workers' Compensation claim.

What Workers' Compensation Benefits Can I Receive?

Every situation is different, and the benefits recoverable in your case will depend on the specifics of your situation.  However, the usual benefits available are Medical Benefits, Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), and Death Benefits.

How do I Claim Workers' Compensation Benefits?

Because Workers' Compensation is a no-fault system, you may claim benefits if you are injured on the job, or while you were performing your job duties, regardless of how the injury happened.

  • Report Your Injury - You should immediately report your on-the-job injury to your employer.  If your injury is not reported within 30 days of the date the injury occurred, you may lose your right to recover for your injuries.  Please keep in mind, however, that reporting the injury is not the same thing as filing a claim.  To make a claim, you must fill out and submit the required paperwork (explained below)

  • Select a Doctor - Your employer is required to keep a list of approved Workers' Compensation doctors.  Ask to see your Employer's list and choose one of these doctors to treat your injury.

  • Complete and Submit the Required Paperwork - To file a claim, you must complete a form (Form WC-14) and send a copy to the State Board of Workers' Compensation, your employer, and your employer's Workers' Compensation insurance carrier.  You should ask your employer for this form, but if you cannot receive it from your employer, you can get one from the State Board of Workers' Compensation.  The State Board can also tell you who your employer's insurance provider is.

Workers' Compensation is a complicated process.  The above information is just the tip of the iceberg as to what you will need to know to navigate that process.

If you have been injured on the job, it is best to contact an attorney to help you through that process, and inform you of your rights.  If you would like to schedule a free consultation, please give us a call at 912-335-3640.