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.
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.