Understanding Workers’ Compensation In Georgia: An Overview

In this article, you can discover…

• How eligibility for workers’ compensation is determined in Georgia.
• The process of filing a workers’ comp claim.
• How employee legal tactics against workers’ compensation can be fought.

What Is Workers’ Compensation?

Workers’ compensation is insurance that exists to help compensate workers who have been injured on the job. If an injury arose out of the scope and course of your employment, then you have a plausible workers’ compensation case. The types of compensation you may be eligible for include temporary total disability, temporary partial disability, permanent partial disability, and medical.

What Type Of Injuries Do You Typically See When People Come To You For Workers’ Compensation Cases?

Back injuries are quite common, as are neck injuries. Shoulder injuries and amputated fingers or limbs are also seen. Other significant injuries our firm has dealt with include torn Achilles heels, burns encompassing most of the body, and traumatic brain injuries.

Are All Georgia Employers Required To Carry Workers’ Compensation Insurance?

No. While employers with three or more employees are required to have workers’ comp insurance, employers with fewer than three employees do not legally need to carry it.

How Do Employers Sometimes Seek To Frustrate Workers’ Comp Cases?

Some employers will seek to describe an injured party as an independent contractor as opposed to an employee, thus making them ineligible for workers’ compensation. Increasingly, employers will try to get an employee to create an LLC to shift responsibility for any injuries away from themselves and onto the worker. However, with no independent contractor agreement in place, these cases can still be argued as meriting workers’ compensation. Other ways they try to frustrate the claim is to delay in paying medical bills, delay in providing treatment, wrongfully deny disability benefits, and a whole host of other methods.

What Is The Role Of The Georgia State Board Of Workers’ Compensation?

The Georgia State Board of Workers’ Compensation is an administrative body. They establish the rules for the workers’ comp cases that our law firm brings. They set and determine temporary total disability rates as well as permanent partial disability rates. When there is a dispute between the employer and employee, an administrative law judge will decide the issue. We can even arrange a hearing on your behalf before an administrative law judge if need be. Short of having a hearing, if certain issues cannot be resolved with your employers’ attorney, we can take advantage of mediation services that the Board offers.

How Do You Begin Filing A Workers’ Compensation Claim?

The first step is to file a WC-14 form, notice of claim. This is filed with the State Board of Workers’ Compensation. If you as a worker are not being paid your temporary total disability, a WC-14 form would also be used to request a hearing and petition for these benefits. Identical steps are taken to petition for medical treatment that is being withheld.

What Is The Recourse If My Workers’ Compensation Claim Is Denied?

If your workers’ compensation claim is denied, our law office can request a hearing before an administrative judge. We will gather evidence of your job-related injury and present this evidence in a generally brief hearing, allowing the judge to make an informed determination as to whether benefits should be paid.

For more information on Understanding Workers’ Compensation In Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 474-9335 today.