This is What You Need to Know About Workers’ Compensation Law in Georgia

November 22, 2018 - 12:43 am
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Workers’ compensation law is a system of state specific rules and regulations designed to pay the expenses for an employee who gets injured or becomes ill while on the job. The injured workers can then recover lost wages, have their medical expenses taken care of, collect disability payments, plus other costs associated with the relearning and retraining process.

As an injured employee, is crucial that you report your injury immediately to your manager or supervisor and then seek medical care as soon as possible. Otherwise you may not be able to receive the benefits.

The following are frequently asked questions about Georgia workers’ compensation.

How long does it take to receive benefits?

The insurance company has 21 days to complete their investigation and either accept or deny your claim. It can, however, take longer than three weeks and if that happens you must consider hiring a lawyer—or at the very least schedule a consultation. Here is a sample timeline that the workers’ compensation system follows. Obviously, if your work-related incident is an emergency you would seek medical care immediately.

Step #1: Report your injury and notify your employer in writing.This must be done within 30 days of the accident or illness so that you don’t lose your rights to benefits.

Step #2: See an approved physician and follow the treatment plan exactly.The workers’ comp insurer has the right to demand you see a doctor of their choice. You can expect that they will choose a doctor most favorable to the insurer. If you don’t comply with what the doctor requests, the insurer can take steps to terminate your benefits.

Step #3: File your claim with the State Board of Workers’ Compensation. To submit your claim, you complete a WC-14 form and send to the State Board, your employer, and the workers’ comp insurance company.

What if I caused my own injury?

In most states, including Georgia, workers’ compensation operates as a ‘no fault’ system, meaning that you are entitled to benefits no matter who caused the accident.

I have a preexisting condition; how does that affect my workers’ comp claim?

Georgia allows you to receive workers’ compensation benefits if you aggravate or make a pre-existing condition worse while on the job. In other words, if you are working a job that makes your pre-existing condition worse than what it was, you are entitled to benefits.

Exactly how long do I have to file a workers’ comp claim?

You have one year from the date of accident/illness to file a Notice of Claim.

Workers’ compensation law is complicated, no matter what state you reside. If you have any questions or find yourself confused, consider setting up a consultation with an experienced workers’ compensation attorney. It is the best way to make sure you get treated fairly and exercise all possible rights.

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