At Burnside Law Firm, serving Augusta and Athens, GA, we understand how stressful it can be to navigate the workers’ compensation system after an injury. Many workers have questions about their rights, the claims process, and what types of benefits they can receive. Below, we’ve compiled answers to some of the most frequently asked questions about workers’ compensation in Georgia to help guide you through this challenging time.
What Kind of Income Benefits Can I Recover?
If your on-the-job injury prevents you from working, you may be eligible for income benefits under workers’ compensation. These benefits include:
- Temporary Total Disability (TTD): If you cannot work at all, you may receive two-thirds of your average weekly wage, up to Georgia’s maximum benefit limit.
- Temporary Partial Disability (TPD): If you can work but at reduced hours or pay, you may receive benefits to compensate for part of the difference in income.
- Permanent Partial Disability (PPD): If your injury results in permanent impairment, you may be eligible for additional compensation based on your disability rating.
How Long Do I Have to File a Claim?
In Georgia, you have one year from the date of your injury to file a workers’ compensation claim. However, it’s crucial to report your injury to your employer as soon as possible—preferably within 30 days—to ensure your eligibility for benefits. Delaying notification can jeopardize your claim, so timely reporting is essential.
Who Will Pay My Medical Bills?
Under Georgia workers’ compensation law, your employer’s insurance is responsible for covering your medical expenses related to the injury. This includes:
- Doctor visits
- Hospital stays
- Surgeries
- Medications
- Physical therapy and rehabilitation
Your medical bills will be paid directly by the workers’ compensation insurance provider, so you should not have to pay out of pocket for necessary treatments.
Can I Choose My Own Doctor?
Georgia workers’ compensation laws allow your employer to control which medical providers you can see. Employers are required to provide a panel of physicians—a list of approved doctors you can choose from for your treatment. However, if you are dissatisfied with the first doctor you see, you may request a change to another physician on the panel.
In certain circumstances, such as if your employer does not provide a valid panel, you may have the right to seek treatment from a doctor of your choice.
Can I Collect for Pain and Suffering?
Unfortunately, workers’ compensation in Georgia does not provide benefits for pain and suffering. The system is designed to cover medical expenses, lost wages, and rehabilitation but does not compensate for emotional distress or physical discomfort caused by the injury.
If your injury was caused by extreme negligence or third-party actions, you may have the option to pursue a separate personal injury lawsuit for pain and suffering.
Do I Need a Lawyer?
While it is not mandatory to have a lawyer for a workers’ compensation claim, having experienced legal representation can significantly improve your chances of receiving the full benefits you deserve. Insurance companies often try to minimize payouts, and complex claims or disputes may arise. A workers’ compensation attorney can:
- Ensure your claim is filed correctly and on time
- Help you gather the necessary medical evidence
- Negotiate with the insurance company
- Represent you at hearings if your claim is denied
At Burnside Law Firm, we have extensive experience advocating for injured workers across Georgia and are ready to guide you through every step of the process.
What On-the-Job Injuries Are Not Covered by Workers’ Compensation?
While workers’ compensation covers most workplace injuries, there are exceptions. Injuries that may not be covered include:
- Injuries caused by employee misconduct (e.g., intoxication or fighting on the job)
- Injuries sustained while performing non-work-related tasks
- Injuries occurring outside of work hours or off the job site (unless work-related)
- Pre-existing conditions, unless aggravated by job duties
If there is a dispute over whether your injury qualifies for coverage, a workers’ compensation attorney can help you understand your rights and present evidence to support your claim.
Contact Burnside Law Firm for Help with Your Workers’ Compensation Claim
If you have been injured on the job, you deserve fair compensation and access to quality medical care. At Burnside Law Firm, we have a deep understanding of Georgia’s workers’ compensation laws and can provide the legal support you need to protect your rights. Whether you’re filing a new claim, facing a denial, or dealing with other challenges, our team in Augusta and Athens is here to help.
Contact us today to schedule a consultation and get answers to your specific questions about workers’ compensation. Let us help you secure the benefits you deserve!
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