When you have been injured on the job, workers’ compensation benefits can provide what you need to support your family until you are back to work. It covers medical expenses and lost wages, and many other costs incurred during your recovery process. It will also provide compensation for any disabilities (temporary or permanent) that you may suffer. And much as with any government program, there are multiple rules and regulations that accompany obtaining benefits. There are also many rights commonly misunderstood. Here are five common myths people have about workers’ compensation benefits.
1. I Can’t Get Benefits Because the Injury Was My Fault.
Georgia is a no-fault state which means fault is not a factor in workers’ compensation. It does not matter if the injury was your fault, you are still entitled to benefits. With that said, there is an exclusion to this and that is if there were drugs or alcohol abuse involve. If you were intoxicated or impaired at the time of the accident, it can be difficult to collect benefits. Worse even, is if you provide a positive drug or alcohol sample following the accident.
2. I Can Get Fired if I Try to Obtain Benefits.
Federal and state law do not allow an employer to retaliate any workers for trying to obtain workers’ comp benefits. They will face penalties for any business who tries to engage in that type of behavior. It is essential you consult with an attorney if your employer attempts to fire you for this reason.
3. Any Injury Sustained Will Be Covered by the Workers’ Compensation Act.
The Workers’ Compensation Act defines the term “injury” broadly. The term includes accidents and falls, but also physical illness or injury that comes on gradually. In Georgia, a catastrophic injury is also included which can be anything from a spinal cord injury to total industrial blindness. Catastrophic injuries means you qualified for Social Security disability benefits. If an injury is catastrophic, your rights are different from if they are non-catastrophic and it is important you understand which category your injury falls under.
4. I Can Use Any Doctor I Want to Help My Recovery Post Injury.
No, you cannot use any doctor you want—even if you know of a doctor that could be helping you more. You must use physicians authorized by the employer. You can change physicians only one time but only to another approved doctor on the panel. Exceptions to this rule includes if an approved doctor suddenly stops medical care before you are cured, or if the accident is a medical emergency where an approved doctor is not available. Additionally, if your employer does not have a list of physicians posted, you are allowed to go to your own doctor to provide the necessary care at the employer’s expense.
5. I Have as Long as I Want to Report My Injury to My Employer.
No. When you are in an accident on the job, you must report your injury immediately to your supervisor. If you wait more than a month to report the accident, you could lose the opportunity to receive benefits.
There are many more myths associated with the workers’ compensation system, and it is important that you understand what they are and what your rights are. If you have any questions, you must contact a workers’ compensation lawyer to make sure your rights are protected and you get the benefits you have earned and are entitled to receive.