Workers’ Compensation

Life can suddenly get very complicated when you are hurt on your job. It can be very confusing to know what you should do and what you are entitled to.

Below are some questions injured workers frequently have. Again, we are here to help guide you through the Georgia Workers' Compensation process, so please contact us.

What do I do when I get hurt on the job?
The first thing you should do is immediately tell your employer. Then look for your employer's posted panel of physicians and choose a doctor off the list for medical treatment. If there is no panel, you should be able to go to the doctor of your choice (see below).

What doctor can I see? Can I choose my own?
Your employer is required to have a list of doctors posted, usually by the time clock or an employer bulletin board. You can choose a doctor from this list, and if you don't like your first choice you can make a one-time change. If there is no posted panel, or if the panel has fewer than six doctors on it, you have the right to choose your own doctor.

What benefits am I entitled to?
If your authorized physician has you on "no work" status for a period of time you are entitled to receive weekly income benefits. You may also be entitled to weekly benefits if your doctor places you on "light duty" and your employer doesn't offer you light work. You are entitled to medical benefits. This includes all authorized expenses such as doctors visits, prescriptions, mileage to and from the doctor, and physical therapy. There is no deductible for you to pay and the medical provider should not bill you. If you have a permanent disability, you may be entitled to additional weekly benefits for your impairment.

What if my employer tells me they will not pay my workers' compensation claim?
If your employer and their workers' compensation insurance company deny your claim, we ask for a hearing with the State Board of Workers' Compensation. The insurance company will assign a lawyer to represent their interests once a hearing date is set.

Is there a time limit for filing a Workers' Compensation claim?
There are several. You have to report your injury to your employer within 30 days. If you haven't ever received a weekly check, you have to file a claim with the State Board of Workers' Compensation within one year of your accident. These time limitations can get complicated so please discuss these issues with us.

Can I sue my employer and get damages for pain and suffering?
No. Your employer only has to provide you with the Workers' Compensation benefits described above. You are not entitled to a jury trial when you are injured on the job and you cannot collect damages for pain and suffering from your employer.

What about attorney's fees? How does my lawyer get paid?
Our fee is set by the Georgia State Board of Workers' Compensation. It is a contingency fee, that is, our fee is contingent upon our getting money for you, either in the form of benefits or a settlement. The fee is 25% of the weekly check if it starts due to our efforts, or 25% of the settlement amount if your case ultimately settles. You are never required to pay a retainer or an hourly rate. You pay us nothing up front.