Understanding the Worker’s Compensation system especially as a worker looking at it for the first time can be a bit overwhelming. There are many nuances and rules that vary by state and can be difficult to grasp if you do not have the proper guidance. Workers’ Compensation attorneys are here to assist you throughout the entire process of filing a Worker’s Compensation claim, even during the very beginning stages of asking the many questions you may have. Below are five main questions that are important to understand as an employee in the Georgia Worker’s Compensation system:

1. What if I’m Fired After My Injury? Many people wonder what happens to their Workers’ Compensation rights if they are fired after a workplace injury. If you have been fired from your job where you were injured and are concerned that you may no longer be eligible for Worker’s Compensation benefits, there is no need to fear. In the majority of cases, even if you were fired from the job you are eligible to receive indemnity checks on a weekly basis. If you can prove that you were fired as a result of your injury and you have actively searched for other employment but are unable to obtain a new job because of your injury, that is another strong way to build your case for Workers’ Compensation.

2. What if it Was My Fault? In the state of Georgia, it does not matter in the large majority of cases whose fault the injury was. If you are injured on the job while performing your workplace duties, you should be eligible for Workers’ Compensation benefits regardless of if it was your employer’s fault, a coworker‘s fault, or even your own fault. Mistakes happen and luckily the Georgia Workers’ Compensation system recognizes this and still awards benefits to individuals who were injured at their workplace because of something that was technically their fault. Horseplay is one caveat to this rule, however, if you are performing your normal duties on the job, you should not have any issues filing for Workers’ Compensation for your injury.

3. Can I Get Awarded Pain and Suffering? In Georgia, the Worker’s Compensation system does not pay for pain and suffering experienced as a result of your injury. It is important to contact an attorney to determine how to position your case so you are able to address the pain and suffering caused without specifically requesting it when you file for Workers’ Compensation.

4. What if My Workplace Doctor Says I Have to Return to Work? If your employer has a doctor that they have determined you should see and that individual cleared you to return to work even though you do not feel like you are fully healed, you may be able to receive a second opinion. If your employer has provided a list of the healthcare professionals that you are allowed to receive opinions from, you must adhere to that list. Many times, though, employers do not present employees with guidelines of which doctors they can see for opinions and recovery plans so in that case, you would have full rights to visit any doctor to get a second opinion on if you are healed enough to return to work. It is important that you do not risk your health just to get back on the job in a more timely manner. After a workplace injury, your health should be your number one priority, and returning to your work responsibilities before you are fully recovered could result in long-lasting damage to your well-being.

5. How Can I Receive a Lump Sum Settlement? The Georgia Workers’ Compensation system does not award lump-sum settlements or what is known as jury verdict settlements. Individuals who file for Workers’ Compensation can be eligible to receive weekly Workers’ Compensation indemnity checks, however, a lump sum settlement can not be forced by a judge. There are some circumstances, though in which an insurance company may be incentivized to pay out a lump sum settlement due to the nature of your injury. This is on a case-by-case basis which is why it is essential that you contact a Workers’ Compensation attorney to point you in the right direction and help you form the strongest case possible.

At Poirier Law Firm, we will analyze all the details of your case and present them in a compelling way to win you the best compensation possible for your injury. We understand that the Workers’ Compensation system varies by state and can be confusing to navigate which is why we are here to help. If you have any questions regarding the Workers’ Compensation system, the process for filing a Workers’ Compensation claim, or your rights as an employee, do not hesitate to contact us today. We can answer any questions you may have and determine if beginning the process of filing a Workers’ Compensation claim is the right step for you today.