After a work injury in Georgia, it is normal to have questions and concerns. Below are answers to some of the more frequently asked questions our clients have about workers' compensation following a work accident in Georgia.
Workers’ compensation is an accident insurance program paid by your employer which may provide you with medical, rehabilitation and income benefits if you are injured on the job. It also provides benefits to your dependents if you die as a result of a job-related injury.
Georgia's workers' compensation act is a section of laws contained within the Official Code of Georgia. The workers compensation act is found under Title 34, Section 9 and currently contains 432 sub-sections.
No. Only employers who have 3 or more employees are required to obtain workers' compensation insurance.
No. Railroad workers, domestic servants, and farm laborers are specifically excluded from the protections afforded under Georgia's workers' compensation act. Additionally, independent contractors are not covered unless it can be shown that the employer exercised a sufficient right of control over the independent contractor at the time of a work accident.
Possibly. Georgia residents who are injured while on the job in another state are subject to Georgia's workers compensation as as long as their employment meets certain requirements. These requirement include: the employee was hired while living in Georgia, the employer’s place of business or the residence of the employee is in the state of Georgia, and the job you were hired for was not exclusively for work outside of the state of Georgia.
You are covered from the first minute you start work for an employer.
All Georgia employers are required to post information identifying medical providers you can choose to see following a work injury. This includes:
You are entitled to medical treatment for your injury immediately. You are entitled to weekly income benefits if you are unable to work for more than 7 days. Your first check should be mailed to you within 21 days after the first day you missed work.
If you are injured at work in Georgia, you are entitled to receive medical and income benefits for up to 400 weeks (a little more than 7 1/2 years). If your injury is deemed "catastrophic" in nature, you may be entitled to lifetime benefits.
You are entitled to receive two-thirds (2/3 or 66%) of your average weekly wage, with a maximum benefit amount currently being $800.00 per week.
You will receive what are called permanent partial disability ("PPD") benefits based upon an amount set by law. For example, if you lost an arm or leg, you will receive benefits of 225 weeks.
You are eligible to receive a reduced benefit called temporary partial disability. The amount you receive is based upon your earnings prior to your injury, and can be received for a maximum of 350 weeks following your injury. The maximum temporary partial disability benefit is currently $533.00 per week .
While tough to think about, it is possible that a work accident can cost you your life. In these terrible instances, your dependents will receive two-thirds of your average weekly wage or a maximum of $800.00 per week for death. Your dependents include your surviving spouse/partner, children/step-children, any other family member who can prove you supported them financially at the time of their fatal work accident. A widowed spouse/partner, with no children, is limited to a total amount of $320,000.00 unless he or she remarries or cohabitates in a meretricious relationship. Children are allowed to receive benefits until they turn 18 years old, unless they can show they are attending college, which allows them to receive benefits until the age of 22.
If you have been injured at work give our lawyers a call today at 770-214-2500 for a free consultation.
Under Georgia's workers compensation laws employees of a business are covered by workers' compensation insurance, while independent contractors are not. Independent contractors have been traditionally limited to construction. With a general contractor overseeing a job and then hiring specialized sub or independent contractors to perform certain work, such as plumbing, electrical, roofing, etc. But as the "gig economy" (Uber, Doordash, etc.) continues to grow, this distinction can become critically important in the event you are injured in a work accident.
Sometimes, it’s unclear whether a worker is an employee or an independent contractor. Here are some questions to help determine whether someone is considered an employee or independent contractor after a work injury in Georgia:
As you can see, determining whether a worker is an independent contractor an employee resides in a legal gray area. There are many facts that go into determining whether a worker is classified as an employee or independent contractor, which is why it is important to hire an experienced Georgia workers' compensation lawyer to help you win your case.
If you have suffered an injury a work give the our lawyers a call today for free consultation at 770-214-2500.
If you are injured on the job in Georgia, it is important to perform the following steps in order to have a successful claim. Below is a checklist of things to do if you are injured while working in Georgia.
In Georgia, you have 30 days to report your injury to your employer. Although 30 days is the maximum amount of time you can wait to report an injury, the old adage "the sooner, the better" applies. The sooner you report an injury to your employer, the sooner the workers' compensation system can kick in to provide you with medical treatment, and possibly replacement of lost income.
It is also important to report ALL injuries, even if you believe they are small or will heal on there own. Injuries, particularly the older you get, can be tricky. Things that may have healed with rest when you were younger, might now require medical intervention. So it is extremely important to report ALL injuries, no matter how small. Reporting the injury protects you and is the first step in bringing a successful workers compensation claim.
After reporting an injury, you should always ask for medical treatment. Whether it be with a plant nurse, or with a workers' compensation doctor, it is important to have any injury evaluated quickly. Evidence supports the fact that quick medical treatment results in faster recovery time. Additionally, medical providers generally keep detailed records, which will help prove your injury was the result of working rather than being caused by something else.
Most injuries are initially treated conservatively. This type of treatment includes medication, rest, physical therapy, and work restrictions (i.e. no lifting more than 10 pounds). It is important to follow your medical providers instructions in order to increase the chances of making a full recovery. This includes telling your employer that you can not perform your regular job in the event a doctor places you on work restrictions.
Georgia workers' compensation cases can hinge on whether or not you have proper documentation for an injury. It is extremely important to document everything relating to your work accident and injury. So be sure to keep any documents you receive from your employer and any medical providers. It may also be beneficial to start a journal, or take notes, regarding medical treatment you receive and the types of symptoms your injury is causing.
Georgia's workers' compensation system is a specialized part of the law. As such, many of the issues involving a workers' compensation claim are unique and different from common law used in personal injury claims. Due to this specialization, it is crucial to hire an experienced workers' compensation lawyer to maximize the compensation and medical treatment you receive following an accident.
If you, or a loved one, has been injured while working in Georgia. Give our experienced lawyers a call today for a free consultation at (770) 214-2500.
Workplace injuries in Georgia can be devastating and financially costly for employees and employers alike. Even a minor injury that forces an employee to miss work, or limits their ability to perform their normal job duties, can have negative consequences for both employees and businesses. Here a some of the most common work injuries we see through Georgia.
Injuries related to slips and falls are among the most common workplace injuries, accounting for approximately 33 percent of all worker injuries. Falls at work can result from a number of factors, including wet or slippery floors, poor lighting, uneven surfaces, hidden or misplaced cords and other obstacles.
These injuries can vary in their severity but may result in:
Workers across many industries are at risk of being hit by equipment or falling objects, but these injuries occur most frequently at construction sites, factories, and warehouses. These accidents can result in serious injuries that often lead to lengthy recovery periods and significant medical treatment, including surgery and rehabilitation. These injuries can also lead to 3rd party claims against individuals or companies responsible.
Repetitive motion injuries, also know as cumulative trauma, injuries are a common occupational hazard in all industries. In particular, manufacturing and assembly line workers, as well as office workers who use a computer are at an increased risk of developing repetitive motion injuries as a result of their job duties.
Repetitive motion injuries can include conditions such as carpal tunnel syndrome and tendonitis. While these conditions can often be treated conservatively, which means without surgery, theycan be extremely painful and cause decreased mobilization over time.
Lifting injuries can occur anytime someone picks up, carries, or handles a heavy or oversized objects. Lifting is a common activity in almost every industry, and it presents a risk of injury when done improperly or without proper safety equipment.
While these injuries are rarely fatal, they can result in long-term back, shoulder, knee, and hip injuries that make it difficult to carry out normal work duties. When lifting objects of significant size or weight, is is extremely important to observe the proper technique and use any safety devices provided by an employer.
Many industries involve transportation, including taxi services, mail and delivery services, schools and construction. Now that home-delivery services are becoming increasingly popular, more drivers are on the roads than ever before, making accidents inevitable.
These accidents can result in severe injuries that can lead to temporary or permanent disabilities which require extensive medical care. This is particularly true if the accident involves large trucks or buses.
If you have been injured at work give us a call at (770) 214-2500 for a free consultation.
What happens if I miss time from work due to a work related injury in Georgia? If you are injured due to a work accident, and are forced to miss time from your job, you are entitled to be paid income replacement benefits. The types of income replacement benefits available include temporary total disability benefits ("TTD"), temporary partial disability benefits ("TPD"), and permanent partial disability benefits ("PPD").
Temporary total disability, also known as TTD benefits, are available if an injured worker is unable to work at all. Additionally, TTD benefits may be available if an injured Georgia worker is given work restrictions by their treating physician, and the employer is unable to accommodate the work restrictions. For example, if a physician places an injured worker on restrictions of lifting no more than 10 pounds, but the employer does not have a job available that can be performed without lifting more than 10 pounds, the injured worker would be entitled to receive TTD benefits.
Temporary partial disability benefits, also knows as TPD benefits, are available if an injured worker earns less money as a result of a work accident. For example, say an injured worker normally works 50 hours per week, which results in 10 hours of overtime. Following a work accident, the injured worker is only able to work 30 hours per week (because they are only physically able to perform 30 hours of work per week, or because their employer only schedules them to work for 30 hours per week.) In this case, the injured worker is entitled to receive TPD benefits that make up two-thirds of the difference in their pre-injury and post-injury earnings.
Permanent partial disability benefits, also known as PPD benefits, are available to an injured worker to compensate for permanent loss of an injured body part. In the event a physician says there is no additional medical treatment available that can improve an injured workers condition, and the injured worker continues to be limited physically due to the work injury, the treating physician will give the injured worker an impairment rating. The rating, usually given in a percentage of a body part (i.e. 5% to the arm, or 7% to the lower extremity), is then converted to a number of weeks based on a chart found in O.C.G.A. §34-9-263. For example, say an injured worker is given a 5% PPD rating to their arm. Looking at the chart below we see an arm is eligible for a maximum of 225 weeks of benefits. 5% of 225 = 11.25. So in this scenario, an injured worker would be entitled to PPD benefits in the amount of 11.25 weeks worth of income benefits.
| Body part injured | Maximum weeks allowed for PPD Benefits |
| Thumb | 60 |
| 1st (index) finger | 40 |
| 2nd (middle) finger | 35 |
| 3rd (ring) finger | 30 |
| 4th (little) finger | 25 |
| Arm | 225 |
| Foot | 135 |
| Leg | 225 |
| Eye | 150 |
| Great (big) toe 30 | 30 |
| Other toes | 20 |
| Hand | 160 |
| Disfigurement | None |
| Disability/whole body | 300 |
| Loss of hearing (one ear)/total industrial | 75 |
| Loss of hearing (both ears)/total industrial | 150 |
Georgia law requires an employer/insurer send weekly checks to an injured worker who is unable to work, or who now earns less, due to their work injury. If the payment is late, it is possible that the employer/insurer also owe an additional 15% late payment penalty.
An injured Georgia worker is entitled to receive 2/3 of their average pre-injury wage. In order to calculate the injured workers average pre-injury weekly wage, Georgia law requires the use of injured workers earnings for the 13 weeks preceding the injury. Included in these earnings are overtime, commission, and other monetary benefits provided by an employer. As of July 1, 2023, the maximum weekly TTD is $800, while the maximum weekly TPD benefit is $533, and maximum PPD benefit is $800 per week. The maximum cap on weekly benefits has changed over time. The chart below demonstrates the applicable weekly benefit cap based on the date of the injury.
| Date of Injury | Maximum TTD weekly payment | Maximum TPD weekly payment | Maximum PPD weekly payment |
| July 1, 2023 - present | $800 | $533 | $800 |
| July 1, 2022 – June 30, 2023 | $725 | $483 | $725 |
| July 1, 2019 – June 30, 2022 | $675 | $450 | $675 |
| July 1, 2016 – June 30, 2019 | $575 | $383 | $575 |
| July 1, 2015 – June 30, 2016 | $550 | $367 | $550 |
For example, a worker who earns $900 per week is entitled to receive TTD benefits in the amount of $600 per week until they are able to physically return to work. This is because $600 is 2/3 of their pre-injury average weekly wage.
Another example would be an injured worker who earns $1,500 per week. Although 2/3 of their average weekly wage is $1,000, Georgia law caps the weekly benefit at $800. So in this scenario, the injured worker would only be entitled to receive $800 per week in TTD benefits.
An injured Georgia worker can receive TTD benefits for a maximum of 400 weeks following their work injury. The maximum time period to receive TPD benefits is 350 weeks from the date of the injury.
Georgia's workers' compensation law is very specialized and nuanced. It is extremely important have an experienced Georgia workers' compensation lawyer to help maximize the value of your case and ensure you receive all the benefits you are entitled. Give our battle tested lawyers a call today for a free consultation 770-214-2500.
There are many types of Georgia workers' compensation injuries. These can range from the typical back strain from lifting a heavy object, all the way to catastrophic injuries which prevent an injured worker from ever working again in the future. Today's post will discuss common work related injuries and how they are handled in Georgia's workers' compensation system.
Workers' compensation is a no fault system, so in general, as long as a worker is injured while performing their job the injury is covered.
A cumulative trauma injury is an injury that is not the result of a single accident, but occurs over time. A common type of cumulative trauma injury is carpal tunnel syndrome. Carpal tunnel syndrome generally occurs as a result of repetitive gripping, grasping, and use of your hands. A worker suffering from this type of injury generally does not notice any pain at first, but as they continue to to perform repetitive motions with certain body parts they begin to experience pain or numbness. These injuries can often be treated with rest or modified/light work activity, but may end up requiring surgical intervention. It is important that you report any type of pain or discomfort caused by any repetitive work, as a paper trail can assist in having your cumulative workers' compensation claim approved.
In Georgia, a catastrophic workers' compensation injury typically refers to a severe and life-altering injury. These injuries usually prevent an individual from ever being able to work again in the future. In Georgia, some injuries are automatically considered catastrophic. These include:
Additionally, any injury which would prevent someone from performing their past job, or any other job available in decent numbers, can be deemed "catastrophic." In addition to rehabilitation benefits not normally offered to an injured worker, individuals suffering a catastrophic injury are eligible to receive replacement income and medical benefits for the rest of their life. In contrast to the typical workers' compensation injury which has a 400 week limit on replacement income and medical benefits.
An occupational disease in Georgia, refers to a medical condition or illness that arises as a direct result of an employee's work or exposures in the workplace. These diseases are typically caused by prolonged or repeated exposure to hazardous conditions, substances, that are specific to the employee's job. For example, a fireman who develops asthma due to repeated smoke exposure. Occupational diseases may not manifest immediately but can develop over time due to cumulative exposure.
Common examples of occupational diseases in various industries include:
In Georgia's, for a disease to fall under the workers' compensation act, it generally needs to meet certain criteria, which may include:
As previously mentioned, Georgia's workers compensation law is considered a "no-fault" system. As long as the injury occurs while performing your job, then it is covered. This includes reinjuring or aggravating a pre-existing injury or condition. For example, say a worker injured their back 5 years ago and underwent surgery to repair the injury. After a course of rehab, the individual returns to work performing a lighter duty job for the next 5 years. Unfortunately, the worker injures their back again lifting a pallet at work. Under Georgia law, the employer/insurer is responsible for providing medical treatment that returns the injured worker back to the condition they were in before the latest back injury. In this case, the employer/insurer is responsible for providing medical treatment to the injured worker until the worker is capable of performing the light duty work which cause their latest back injury.
While most injuries that occur while working in Georgia are covered by workers' compensation, there are a few specific injuries which are barred. These include:
If you or a loved one has suffered a work injury in Georgia, give our lawyers a call at (770) 214-2500 for a free consultation.
If you are injured while at work in Georgia, your injury is covered under Georgia’s Workers’ Compensation Act (O.C.G.A. § 34-9). This section of Georgia law covers everything from replacing your income if you are unable to work, to the types of medical treatment you are authorized to receive. The State Board of Workers’ Compensation is the entity that is charged with enforcing the Georgia workers’ compensation act.
In Georgia, all claims are filed electronically through a system called ICMS. It is the responsibility of your employer, or their insurance company, to file a claim with the State Board when they are notified of a work injury. If the employer/insure fail to file a claim, it is possible to file yourself, but it can be a daunting task, and is best handled by an experienced workers’ compensation lawyer.
Following a work injury in Georgia, you have 1 year from the date of the accident to file a claim. In practice, the faster you file a claim following a work injury, the better the outcome will usually be.
Georgia is an at-will employment state. This means that an employer can terminate an employee at any time and for almost any reason. (Examples of reasons you can not be terminated include your sex, race, religious beliefs, and a few other exceptions based on federal law). Thus, you technically can be terminated for filing a workers’ compensation claim. In reality, most employers will not terminate someone solely for being injured on the job.
A workers’ compensation lawyer’s main job to ensure that the employer/insurer provide all of the benefits to the injured worker allowed under law. This includes ensuring the injured worker receives a replacement for any lost income and receives any appropriate medical treatment indicated by their treating physician.
Every workers’ compensation claim is different, which makes it difficult to evaluate the worth of a claim without knowing specific facts. That being said, in 2022, there were more than 120,000 workers’ compensation claims filed and insurance companies paid out more than $1.5 billion dollars in benefits for those claims. (https://sbwc.georgia.gov/organization/about-state-board-workers-compensation/statistics). Thus, in 2022, an average of approximately $12,500 was paid on each claim. Understand this is just an average, as our firm has settled workers’ compensation claims ranging from $3,000 to $7.95 million dollars.
There are 3 main benefits available to an employee has been injured at work. These are income replacement benefits, medical benefits, and permanent impairment benefits.
You can see your personal doctor for a work injury, but you will be required to pay for any treatment made by your personal doctor yourself, unless previously authorized by the employer/insurer. Under Georgia’s workers’ compensation act, the employer/insurer are required to provide a list of at least 6 unassociated physicians. This list is called the panel of physicians. The injured worker can pick any physician from the panel, and the employer/insurer are required to pay for any reasonable and necessary treatment recommended by this authorized physician. The chosen physician thus becomes the “authorized treating physician.” The authorized treating physician can arrange for referrals to specialists if the injury requires, and any necessary treatment recommended by a specialist is required to be paid for by the employer/insurer.
An injured worker is allowed a one-time switch from the original physician chosen from the panel of physicians, to another physician listed on the panel, for any reason. Any further changes in treating physician have to be done via an Order from the State Board.
The most important times during a workers’ compensation claim are the first days, or weeks, following a work accident. As such, it is imperative that you speak with an experienced Georgia workers’ compensation lawyer as soon as possible following any work injury. Workers Compensation Lawyers in Carrollton, GA (swslawfirm.com)
The experienced attorneys at SWS Accident & Injury Lawyers can make sure you receive the maximum compensation possible following a work injury in Georgia. Give us a call today at 770-214-2500 for a free consultation today.
Wondering how workers' comp works in Georgia? Check out this guide to learn everything you need to know.
Before Georgia's state government established a system for worker's compensation, employees had no rights to benefits from their employers if they were hurt on the job. In the 19th and early 20th centuries, working conditions were severe and even dangerous, and workers did not have legal options when injured – even if that meant a lifetime of disability.
Employees around the turn of the 20th century technically could file lawsuits, but these legal actions were generally unsuccessful and brutal for all involved. The trials were long and expensive, and businesses suffered severe brand damage. Injured workers, meanwhile, often came away from experience with no way of paying for medical bills and other costs.
Both sides of the labor equation realized something big needed to change. So they eventually struck a grand bargain: workers would relinquish their right to sue for injuries at work (with some exceptions) in exchange for guarantees for compensation.
In 1920, the Georgia State Legislature instituted the State Board of Worker's compensation to oversee this process. Today, the Board serves over 250,000 Georgia employers and over 3.8 million employees. It receives funding from self-insured employers and insurance company assessments. Any Georgia worker injured at work and covered under the law may be entitled to compensation for lost wages, medical bills, and physical therapy services, among other benefits.
Georgia's current worker's compensation law applies to all employers with three or more full-time or part-time employees, including public corporations and non-profits. The law allows employees with job-related injuries to receive specific benefits without regard for negligence or fault. It also provides employers with limited liability.
Per state regulations, Georgia employers receive coverage for worker's compensation either through private insurance companies or self-insurance programs. In addition, a worker's rights under the worker's compensation law disqualify them from taking other legal action against the employer in the event of a work-related injury.
Most Georgia employees know little about the state's workers' compensation program and what happens if they're injured at work. This lack of understanding can make the compensation process extraordinarily confusing and stressful. Keep reading to learn more about workers' compensation laws in the state of Georgia.
Penalties for late payments may be assessed in several states, but they are lower in Georgia than in many regions. Depending on the situation, the employer may be required to pay a 15 percent penalty. This penalty can be assessed if benefits were inappropriately denied or the employer simply forgot to send a payment. For this reason, it behooves injured employees in Georgia to keep track of worker's compensation payments and to take note when they do not arrive on time.
Under Georgia law, worker's compensation cases are either catastrophic or non-catastrophic. Typically, a patient is deemed destructive if the injured employee qualifies for Social Security disability benefits. Injuries considered catastrophic include limb amputation, severe brain injury, and industrial blindness.
Georgia employers must maintain a list of six approved doctors employees can visit after injury. In an emergency, employees can obtain treatment from a doctor not included on this list. Still, in all other situations, the physician treating the workplace injury must be one of the employer's six approved medical professionals. Unfortunately, many employers choose physicians they feel will take their side should employees pursue worker's compensation. As a result, injuries may be blamed on preexisting conditions rather than workplace mishaps.
The State Board of Workers' Compensation reports that 39,899 indemnity claims occurred in Georgia in 2014. As a result, indemnity benefits in 2014 totaled $1,056,193,486. Additionally, 830 WC-26 forms indemnity forms were filed that year.
In 2013, Georgia significantly changed its workers' compensation model: many workers were suddenly ineligible for benefits after eight years. As a story from NPR and ProPublica points out, this means that those with knee or hip replacements no longer qualify for coverage if, after a decade, their mobility devices wear out. In the most severe cases, however, injured workers may still be eligible for long-term compensation.
Workers' compensation in Georgia is far from perfect, but as another ProPublica story points out, employees enjoy far greater compensation than those residing in Alabama. For example, in a report comparing similar injuries across state lines, ProPublica revealed a maximum payment of $118,125 for Georgia workers who lose their arm, compared to just $48,840 for the same damage in Alabama.
Workers' compensation varies significantly from one state to the next. You could obtain significant compensation for your workplace injury as a Georgia resident. Still, your chances of claim acceptance are far greater if you work with a trusted workers' compensation attorney.
The more you know about workers' compensation in Georgia, the better. Contact Smith, Wallis, and Scott, LLP, today for more information.
The State Board of Workers' Compensation reports that 31,500 indemnity claims occurred in Georgia in 2021. Indemnity benefits, or replacement of lost wages, in 2021 totaled $706,673,059. https://sbwc.georgia.gov/organization/about-state-board-workers-compensation/statistics
While the law applies broadly to most employees in the state, there are some exceptions. For example, federal employees, railroad workers, farm workers, and domestic servants are exempt from Georgia's worker's compensation law.
A separate agency, the Subsequent Injury Trust Fund, works with the State Board of Worker's Compensation to reimburse employers and insurers for a part of worker's compensation benefits. This secondary agency oversees cases where an employee has a preexisting injury or disability, and a work-related accident worsens.
This morning I was on my Thursday morning radio show, and a caller asked, "If I am injured on the job, and I was at fault, can I still get worker's compensation in Georgia?"
Simple answer: YES!
This is the beauty of the Georgia Worker's Compensation system. Even if you cause the accident, you can still recover. The question is not whether it is your fault or someone else's fault. The question is, "Is your injury causally related to your job duties?"
What does this mean? This means that your injury is related to your job.
Let's suppose that one day you are at work and you decide to lift a pipe that weighs 300 lbs even though you know you can't lift 300 lbs and your boss has told you that you should wait for help before you lift the 300 lbs. But you go to pick up the pipe and drop it right on your foot, fracturing every bone.
You are still covered under workers' compensation. The reason is that you performed your duties when the accident happened. It may not have been an excellent decision to do what you did, but that doesn't matter.
However, if you lift the same pipe and then feel pain in your body and go in, and the doctor says you have cancer, this would not be workers' compensation because cancer could not have been caused by lifting a pipe.
Fault or no fault, it just doesn't matter.
If you have been injured at work, call us now. We will provide a free consultation and let you know whether your injury is covered under the law.
Preexisting conditions can quickly complicate otherwise straightforward Georgia workers' compensation cases. A preexisting condition won't necessarily bar you from receiving the benefits you want. Still, you will need extensive documentation indicating that your job exacerbated the situation and led to greater suffering.
Employees afflicted with preexisting conditions may be eligible for workers' compensation if workplace duties lead to more severe symptoms. But your employer is only responsible for worsening your condition — not the condition itself. You might be similarly entitled to damages if a previous workplace injury was re-aggravated at your present job. The claim amount may be lowered to accommodate previous workers' compensation claims in such cases.
Georgia's Workers' Compensation Act significantly limits the extent to which employees with preexisting conditions can seek compensation; compensation is only available when work-related aggravation causes the disability. Once an employee returns to a pre-injury state, the Workers' Compensation Act mandates that payment cease.
Recent changes in legislation have limited compensation for re-aggravated conditions to 400 weeks from the date of the accident. However, lifetime medical benefits may be available for catastrophic injuries or those before June 30, 2013.
Whether your preexisting condition occurred at work or in some other capacity, you will need to document your previous injury and its impact on your life before your most recent workplace injury. Decrease workers' compensation denial likelihood by seeking documentation from your physician or federal agencies that provided previous workers' comp benefits. Supplement this with proof of your current disability, including recent tests and medical records. If employer-approved physicians deny your condition, seek further feedback from an independent medical professional.
If you've suffered a worsening of a preexisting condition in the workplace, contact Smith, Wallis & Scott, LLP today to learn more about filing for workers' compensation.
It would be great if, when you were injured, you never had to return to work while recovering. But unfortunately, this is never the goal of the insurance company. The purpose of the worker's compensation system is for you to be back to work.
What happens when you are asked to return to work and do not believe you can return to work? Can you refuse to work?
The answer is yes, but only in certain situations. For example, if you have been injured and taken entirely out of work by your authorized physician, you would not have to return to work until the doctor has either released you to regular duty or placed you on duty work restrictions.
If you have been placed on light duty work by your doctor, the insurance company would have to find a suitable light duty job, have the doctor sign off on the job approving it as appropriate, and then file a form WC-240. Lastly, they must give you ten days' notice to return. If all of this happens, you must return to work. (If the job is not the job on the description, you are allowed not to perform the job. Contact an attorney before you make this decision).
Suppose you have been released to regular duty by your authorized treating physician. In that case, you must return to work until you find that another doctor has completely taken you out of work or placed you again on light duty.
Either way, if you have been released to light duty and have been asked to go back to work and you feel that you are not able or have been released to regular duty, it is essential to contact an attorney to make sure you are protected.
Georgia workers' compensation is an incredibly unique animal. Unlike a personal injury case where the judge or jury decides the case and the damages are awarded based upon the injury, wage loss, and pain and suffering, in Georgia, an injured worker is only entitled to certain measurable and enumerated benefits. Therefore, there is no entitlement to a settlement. However, with the help of an attorney, an injured worker can receive compensation by using these benefits outlined in the law to plug into a "formula" for determination. But this is not simply a 1+1 formula. Instead, it is based upon the projected value of benefits owed, the likelihood of success on the case, and the probability of the injured worker improving health. This is where a skilled attorney comes into play.
Part of this formula for determining the settlement value of a case is a weekly wage check paid for by the insurance company. The check is not the full check you received when you were working. Instead, it only reflects your actual wage, coming to approximately 66% of your wage. That is 66% of your wage for earnings up to $550. This means if a person earns more than $833 per week, the most they would receive is $550. For example, if the injured person were earning $1,500 per week, they would receive $550.
Although not a tremendous improvement, Georgia HB 818 was just approved, and beginning on July 1, 2016, the maximum income benefit for an injured worker will go up to $575. This sounds like a slight increase. However, the increase comes to almost $10,000 increase over the entire life of a case.
This benefit will not be retroactive but at least will help injured workers from July 1 and continue receiving a greater portion of the benefits they deserve.
After your work injury, how can you move on with your life? You've mapped out your goals. You know precisely what you want and what it will take to achieve your ambitions. So why are you still stuck at step one?
Obtaining fair compensation can beat down even the most optimistic employees, but this is not the time to give up hope. Keep reading to learn more about overcoming everyday obstacles:
Considering Other Professions
Despite fully recovering, you may have discovered that you are no longer cut out for highly physical work. Refrain from stubbornly pursuing a career path that no longer makes sense. You can still fulfill your goal of feeling productive; you might have to pursue your dream in a different capacity. For example, instead of taking on the more physical aspects of construction, you could work in the office or try for a management position. In addition, your experience could prompt new endeavors, such as campaigning for better adherence to workplace safety standards.
Changing professions may prove necessary. Don't let a new career path scare you; take time to acquaint yourself with your new field. Seek training from community colleges or apprentice programs. Utilize the numerous transferable skills developed in your previous profession.
Only Equating Success With Your Job
Professional pursuits can deliver fulfillment, but a successful career is by no means the only hallmark of a satisfying life. If you can no longer resume your previous job, find new ways to define yourself. Hobbies, volunteer efforts, and strong relationships can fill the void left by a demanding career. Set goals outside of the work world and celebrate each new achievement.
Overcome legal and personal obstacles with assistance from Smith, Wallis, and Scott, LLP. Our team is here to help you succeed. Call or email us to set up a confidential case consultation.
Despite having suffered an injury on the job, you are determined to return to your former profession. This is a wise choice, not only for your finances but also for your mental health and social life. As you recover, however, you'll encounter new challenges, both physical and mental. These challenges can make previously simple workplace tasks a lot more complicated. So keep the following in mind as you return to your chosen field:
Take it Slow
It's tempting to return full force and prove that you are as capable as ever, but that is a recipe for aggravating your injury. So be careful, and do not take on more than you can handle.
Many employers are surprisingly forgiving of workers who cannot fully take on their former duties after injury. Consider asking your employer for a different set of responsibilities as you continue to recover. Again, communication is vital — your employer will not know if a job is beyond your capacity unless you speak up.
Document Your Symptoms
Keep a careful record of your symptoms at work and home. If your condition worsens, take detailed notes and seek prompt medical care. Depending on your current situation and recovery, you may be eligible for ongoing benefits, such as intermittent lost time or reduced earning honors.
Use Good Judgment and Consider Switching Careers
Even the most determined employees often cannot return to their former duties after suffering a workplace injury. It is worth trying, of course, but if you cannot handle your former job, it may be time to consider working in a new field. Of course, only you know what you can take, so be aware of your post-injury abilities.
The mental burden can be considerable in the aftermath of a workplace injury. Keep the legal stress to a minimum with help from Smith, Wallis, and Scott, LLP.
After suffering a workplace injury and undergoing a grueling recovery period, you believe you're ready to work again — but not for your former employer. Your injuries may be too severe, or your mental trauma too significant to handle the demands of your old job. Knowing your limits is good, but your workers' compensation will only carry you so far. So keep the following considerations in mind as you hunt for a new job in a new career field:
Think About the Physical Aspects of Your New Career
Could you be trading one physically grueling field for another? Some jobs seem more accessible to outsiders than they are, so do your research and determine whether you can handle the physical demands of your intended career path. It may help to shadow somebody in the field so that you know exactly what a typical day on the job will entail.
Utilize Your Transferable Skills
Many of the skills you developed in your previous profession can be used to transfer seamlessly into a new field. As you search for a new career path, take stock of all you've accomplished thus far, and determine which skills new employers might value. For example, communication skills can be developed even in very physical jobs, and the teamwork you've demonstrated in your past work might impress a new employer.
Frame This Transition As An Exciting Opportunity
Transiting may prove difficult if you loved the job you had before your injury. Instead of viewing this career shift as a burden, consider the possibilities. What began as a devastating injury may end with you discovering the career of your dreams.
As you pursue work in a new field, Smith, Wallis, and Scott, LLP can help you obtain the workers' compensation you are owed. Call 770-214-2500 for more information.
Recovery after a workplace injury can be frustratingly slow, but your ultimate goal is to get back to work as soon as possible. Minimal stress and a healthy lifestyle can accelerate the recovery process, so be sure to incorporate the following practices into your daily life:
Pursue Strength Training
Strength training can help your body bounce back from injury while reducing the potential for future injuries. If you're already working with a physical therapist, complete all the exercises you've been instructed to do at home. In the future, it may also help to work with a personal trainer.
Eat a Healthy Diet
The proper nutrients can make a huge difference as you embark on the recovery process — and foods that lack nutrients can bring your progress to a standstill. Of course, fruits and vegetables are essential, but healthy protein sources are equally crucial for muscle repair. Likewise, keep refined carbohydrates to a minimum. Keeping all food groups in moderation will result in a balanced diet and a healthier body.
Tackle Stress
The mental aspects of recovery are often more challenging than the physical pain and discomfort. It's easy to get discouraged, especially if the recovery process doesn't go as quickly as you anticipated. However, the last thing you need right now is additional stress, so tackle it head-on through prayer, meditation, yoga, or regular visits with a therapist.
Documentation
Certain behaviors and practices may worsen your condition, but documentation makes it easier to identify patterns. For example, record your diet, strength training regimen, and any symptoms you observe during the day. Then, make adjustments accordingly, based on the advice of your physician or physical therapist.
As you tackle the mental and physical aspects of recovery, let Smith, Wallis, and Scott, LLP handle the legal side of your case.
Getting Back to Work After Your Injury
In your vision of life after your work injury, you've returned to work following a lengthy recovery period. You may carry out the same daily tasks that occupied your time before your injury. Another possible outcome: your injury convinced you to take stock of your career and what it could be. Rather than return to your former job, you now enjoy a better position for an employer who values your health and safety. Either way, you earn enough to get by and enjoy complete professional satisfaction.
Work-Life Balance After Your Work Injury
There is more to life than work. While the right job can deliver fulfillment, many people with seemingly miserable occupations find happiness. Be realistic about your job prospects; if a total return to work isn't in the cards, envision a satisfying life away from the daily grind. Your injury may keep you from your previous position, but you can still make the most of your talent as a part-time employee or volunteer.
Allow Yourself to Mourn
Denying reality will only make you feel worse. If your injury destroyed your career trajectory, take some time to feel bad about it. Set a limit on your mourning, however. In special situations, Georgia workers' compensation covers mental health treatment; take advantage of counseling opportunities.
Smith, Wallis, and Scott, LLP can help you navigate your workers' compensation settlement and achieve your dream life. Get in touch today to learn more.
A workplace injury has left you unable to complete your typical job duties. Reinjury could result in a much more extended leave and may even call the legitimacy of your earlier workers' compensation claim into doubt. At this point, avoiding additional injury should be your chief priority. Speak with your doctor and therapist about the following potentially innovative ideas:
Yoga After Your Injury
A limber body and a good balance are crucial to injury prevention. Consider enrolling in an easy yoga class at a local studio, or better yet, one specifically targeted at people dealing with illness and injury. Avoid the temptation to challenge yourself with an advanced course such as vinyasa or ashtanga, as overdoing it could lead to the exact afflictions you're trying to prevent.
Take it Easy
There are better times to try strenuous new activities such as water skiing or snowboarding than the aftermath of a workplace injury. Recreation-related reinjury is not eligible for compensation, and it could even call your previous injury into doubt. Consult a physician before trying any potentially strenuous activities.
As you recover, look to Smith, Wallis, and Scott, LLP, for assistance with your Georgia worker's compensation claim.
Knowledge is power in the aftermath of a workplace injury. These resources will provide valuable insight and inspiration as you recover from your injury and prepare for your return to the workforce:
Workers' compensation varies significantly from one state to the next. Learn more about regional disparities in this report from NPR and ProPublica, which shines a much-needed light on problematic issues with workers' comp and the treatment of injured employees.
Over time, the failure to provide proper coverage for injured employees leads to significant financial hardship. This Occupational Safety & Health Administration (OSHA) report highlights workers' compensation (or lack thereof) 's role in income inequality. It also offers suggestions for better protecting workers in the future.
As an employee, you may have little control over your employers' safety standards and adherence to OSHA regulations. However, you can avoid joint issues like carpal tunnel syndrome and eye strain. This Howcast video is most applicable to office workers but offers advice for those who regularly move heavy loads.
You'll instantly relate to this story of woe from injured worker Bill Bowman. Bowman details how he and his family were impacted by workplace injury in this free podcast. Although he hails from Canada, his story offers valuable insight for anybody injured on the job.
The more you know about workers' compensation and its role in your recovery, the better. So get educated; contact Smith, Wallis, and Scott, LLP, for more information on workers' comp in Georgia.
A monthly podcast from the International Association of Industrial Accident Boards (IAIABC), Accidentally offers compelling insights into workers' compensation: its history, how it stands today, and anticipated innovations.
WCRI is committed to providing the public with accurate, up-to-date information on workers' compensation and its role in the United States economy. The organization offers extensive benchmark information.
Although created in Australia, this YouTube video applies to injured workers in the United States who struggle to overcome unfortunate stereotypes of laziness and lethargy. In These Are Our Stories, Australians recovering from illnesses and conditions incurred on the job speak of their suffering, their recovery, and their hopes for lives free of pain and negative judgment.
Thousands of workers are killed yearly, and many more are injured due to safety violations. The Occupational Safety and Health Administration has yet to release violation information for 2017, but the 2016 list is in keeping with long-term trends. Ongoing issues include a complete lack of protection against falls, poor hazard communication, and minimal respiratory protection. A thorough understanding of these issues and their role in your injury (or could play in future injuries) could impact the capacity in which you eventually choose to return to work.
Once you've finished looking through the resources outlined above, contact Smith, Wallis, and Scott, LLP, to learn about workers' compensation.
In the short term, worker's compensation allows you to step back from a dangerous workplace setting and recover from injuries sustained on the job. Over time, however, a lack of meaningful work may leave you feeling socially and mentally unfulfilled, placing you at greater risk of depression. If you're currently on worker's compensation, look out for the problems detailed below:
Lack of Social Connection
One of the most underrated benefits of working a full-time job is spending significant time within a close social network. You might not always like your coworkers, but you have a great deal in common with them — and they can provide a shoulder to lean on when the going gets tough. Unfortunately, you may feel lonelier and less connected to your once solid social group if you spend your time away from work while receiving worker's compensation. This sense of disconnection could ultimately lead to depression.
Learned Helplessness
Learned helplessness occurs when a victim or perceived victim develops a mindset of powerlessness. This is the brain's way of dealing with traumatic situations, but unfortunately, it can make it very difficult to move forward. For example, employees injured on the job may develop learned helplessness and rely on their worker's compensation as a crutch, thereby failing to reclaim the sense of accomplishment that once accompanied a successful day on the job.
As you strive for a worker's compensation claim that aligns with the severity of your injury, keep in mind that there could be a downside to taking long breaks from work. However, this understanding should allow you to take advantage of the compensation you're owed. Instead, help you avoid mental health problems that commonly strike employees who spend extended periods away from the workplace.
Contact Smith, Wallis & Scott, LLP at your earliest convenience to learn more about the legal aspects of worker's compensation.
There's no denying it—your workplace injury changed everything. Whether you currently suffer physical pain or anxiety about your future, life no longer looks quite like it did before your accident. The key to moving forward in peace? Acknowledging and accepting what's true now. As the Chinese philosopher, Lao Tzu eloquently said, "Life is a series of natural and spontaneous changes. Don't resist them—that only creates sorrow. Let reality be reality. Let things flow naturally forward in whatever way they like."
Follow these suggestions to get your life back on track:
Determine What's Different Now
Take a few minutes to think carefully about your day-to-day life and how it's changed since the accident. Examples may include:
Clarify Your True Feelings and Needs
Once you've determined how life differs today, delve into your true feelings about the situation and your plans to move forward. Then, in your journal, reflect on the following questions:
A little reflection can make a big difference as you determine how to proceed. Life might not look exactly like it did before your workplace accident, but there's still plenty to accomplish and plenty to celebrate.
No matter how your life has changed—whether a lower back injury has made it impossible to lift your young child without pain or whiplash from a construction accident has caused you to rack up thousands in chiropractor bills—you can count on Smith, Wallis & Scott, LLP for support. Call (770) 214-2500 today to learn how we can assist you with your Georgia workers' compensation case.
Spine injuries are not to be taken lightly; if you have been injured at work, you may need to seek workers' compensation for your back injury. Back injuries involving severe trauma frequently lead to spinal cord damage. Ensuing problems could be life-changing, with victims suffering partial or complete paralysis. Immediate treatment is imperative, so it's essential to understand the condition and recognize symptoms.
What Is the Spinal Cord?
The spinal cord comprises a bundle of nerve fibers enclosed within the spine. This critical group of threads connects most body parts to the brain. Together, the brain and spinal cord form the central nervous system.
Spinal Nerves
Dozens of spinal nerves emerge from the spinal cord, appearing in short branches known as roots. Sensory roots carry information from all over the body to the brain. Motor roots deliver commands from the brain to various body parts, including skeletal muscles.
Common Spinal Cord Injuries
Spinal cord injuries are among the most permanently debilitating of all back problems. These injuries are defined based on where they occur and the severity of the damage. These factors also determine how much patients can control their limbs following injury. A complete injury occurs when the patient loses nearly all feeling and motor function below the site of damage. Those with incomplete injuries retain some motor or sensory function.
If the injury impacts the arms, legs, trunk, and internal organs, it may be referred to as quadriplegia. Paraplegia occurs when the legs, trunk, and internal organs are affected, but not the arms and hands.
Symptoms of Spinal Cord Injuries
Top spinal cord injury symptoms include loss of motor function and feeling in the affected areas. Additionally, spinal cord damage could lead to loss of bladder control, difficulty breathing, exaggerated spasms, lack of coordination, or an intense stinging sensation.
In the aftermath of a spinal cord injury, getting in touch with a trusted workers' compensation attorney is essential. Contact Smith, Wallis & Scott, LLP at your earliest convenience at (770) 214-2500.
The back is a surprisingly complicated structure, making it difficult to ascertain the specific cause and solution to chronic pain. However, as a back pain sufferer, it behooves you to gain a thorough understanding of the damage you may have endured. Read on to learn about the vertebrae, which play a critical role in numerous injuries:
What Are Vertebrae?
Vertebrae consist of a series of nearly three dozen interlocking bones. Together, these make up the spinal column. Each vertebra features a load-bearing body, an arch that protects the spinal cord, and attachment points that ensure flexible movement.
Classifying Vertebrae
Experts classify vertebrae based on their position. For example, the spinal column's upper portion features cervical vertebrae, while thoracic vertebrae offer attachment points for the ribs. In addition, the sacral and caudal vertebrae are fused into the sacrum and tailbone.
Common Vertebral Injuries
Various injuries strike the vertebrae; most are serious enough to cause severe pain. Vertebral compression fractures may occur in response to osteoporosis but can also result from excessive pressure or a hard fall. Severe compression fractures are known as burst fractures; these occur when the bone shatters, with bone fragments possibly piercing the spinal cord.
Although less severe than burst fractures, vertebral dislocation can prove quite painful. A dislocation occurs when one or more vertebrae are displaced, typically in response to a traumatic neck injury. Occasionally, dislocation and fractures occur at the same time, damaging both soft tissue and the spinal cord.
Symptoms of vertebral injuries vary somewhat based on the severity and whether a burst occurs, but sufferers can expect to experience intense pain, which worsens while standing or walking. Many also suffer a reduced range of motion.
If you suspect you've suffered a vertebral injury on the job, contact Smith, Wallis & Scott, LLP at (770) 214-2500 to learn more about your options.
When picturing back injuries, people typically imagine fractures or other acute issues. But, some of the most common—and debilitating—conditions involve chronic connective tissue damage. Keep reading for a brief overview of need-to-know terms and other valuable information about connective tissue-related pain.
Tendons and Ligaments
Tendons and ligaments are fibrous bands of connective tissue that link two or more structures (typically bones or cartilage) together. These tissue bands are often to blame for work-related back pain; employees may twist or pull tendons or ligaments while completing everyday work functions—the result: strains and sprains, which involve muscle cramping and significantly decreased range of motion.
Fascia
Often compared to sweaters due to their densely woven structure, fascia cover bones, muscles, nerves, and internal organs. They also protect the spinal cord.
An oft-forgotten element of spinal injuries, fascia remains poorly understood. Fascia injuries typically follow repeated strain, such as heavy lifting or frequent bending. As a result, patients may experience dull pain or more intense sensations that worsen while completing essential workday tasks. Over time, fascia injuries may lead to trigger points (and further pain) or reduced strength and range of motion.
Synovial Membrane
A protective layer of connective tissue responsible for protecting tendons and joints, the synovial membrane (also known as the synovium) can become inflamed or damaged by traumatic joint injuries. This may lead to pain or swelling. In addition, synovial cysts often result from spinal degeneration. Although uncommon, this condition can cause back pain, leg pain (known as sciatica), and sometimes, muscle weakness or cramping in the legs.
Whether you've suffered a workplace injury to your fascia, tendon, or ligament, seek experienced counsel. Reach out to Smith, Wallis & Scott, LLP at (770) 214-2500 to learn about the next strategic steps in your workers' compensation for your back injury.
A shocking 80 percent of Americans experiences back pain at some point. While many witnesses gradual onset with age, others suffer acute pain due to workplace accidents. Quick recovery hinges on prompt medical attention and proper care at home.
Eager to eradicate back pain? This is not a medical blog. And you should never change your exercise or dietary regimen before speaking with your doctor—but you might find these insights valuable.
Rethinking Bed Rest?
Medical experts once prescribed rest as a cure-all for back problems, but recent research suggests prolonged rest could hurt more than it helps. So today, authorities recommend gently resuming physical activity soon after an accident. A daily stroll can make a difference, as can recovery-oriented yoga classes.
Take Regular Breaks
Instead of committing to long, uninterrupted periods of bed rest, talk to your doctor/therapist about taking regular breaks to avoid overloading your back. Breaks may prove necessary for both physical and sedentary activities. For example, instead of sitting at your desk all afternoon, stand up and move around at least once every half hour.
Be Diligent About Physical Therapy
Occasionally visiting your physical therapist is not good enough; honor all appointments and complete any recommended exercises. Be honest with your physical therapist about your routine and current pain. Avoid underplaying or exaggerating what's happening to you.
Don't Expect an Immediate Recovery
Moderate your expectations. Anticipate weeks, possibly even months, of difficulty following your back injury. Stay calm if your back heals more slowly than you initially hoped. You could suffer even worse injuries if you push recovery and try to return to your routine before you're ready.
Let Smith, Wallis, and Scott handle the legal aspects of your workers' compensation for your back injury. Then, call us at (770) 214-2500 to schedule a free, confidential case evaluation.
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