Robert M. Hammers | January 3, 2025 | Workers' Compensation
If you have been injured on the job in Georgia, you are likely entitled to receive benefits while you recover. Workers’ compensation insurance covers almost all employees in Georgia, and this benefit can provide some financial assistance after an on-the-job injury.
While knowing about workers’ compensation might provide you with some peace of mind, you may still be wondering exactly how it works. The specific benefits you receive can depend on the severity of your injuries and any permanent effects of those injuries.
Dive into all the details below to learn everything you need to know about workers’ compensation in Georgia, including how much your payments may be and how long you have to file a claim.
Basics of Georgia Workers’ Compensation Benefits
There are four main types of benefits you may receive after an on-the-job accident. If you suffer an illness or injury because of a job-related accident, workers’ compensation may pay:
- Medical benefits
- Rehabilitation benefits
- Supplemental income benefits
- Death benefits if your loved one died as a result of an on-the-job accident
While there are some specific rules and criteria for each benefit, workers’ comp insurance should pay for all these items as long as you have sufficient evidence proving your claim.
Medical Benefits
Medical expenses after an injury at work can add up quickly. You should be focused on getting back on your feet instead of worrying about how you will pay for your doctor’s visit. Workers’ compensation insurance should pay for all your medical expenses. Some examples include:
- Emergency care
- Follow-up visits
- Surgery
- Diagnostic tests
- Hospital stays
- Prescriptions
Your employer will maintain a “panel of physicians” that are covered under your workers’ compensation plan. You will need to choose your physician from one of the doctors on this list to be sure your medical expenses are covered. Failure to select and visit a physician on the list could mean that your expenses will not be paid.
However, if you require immediate medical treatment after an accident, you can visit the nearest emergency room or urgent care clinic for care. Your benefits will still cover these emergency services.
Rehabilitation Benefits
The ultimate goal of your workers’ compensation benefits is to help with your recovery and allow you to return to work. However, some injuries can prevent you from returning to the work that you were previously performing. You may have physical or mental limitations that restrict you from performing certain tasks or activities.
If you have suffered a catastrophic injury, you may be entitled to vocational rehabilitation benefits that can help you prepare for a different job or even a different type of work.
Supplemental Income Benefits
If you miss more than seven days of work because of your injuries, you can receive supplemental income benefits. The amount of these benefits is two-thirds of your average weekly earnings, up to a maximum benefit of $800 per week (for accidents that occurred after July 1, 2023). Although most workers recover well before then, you can potentially receive these benefits for up to 400 weeks.
Death Benefits
If you or your loved one dies as a result of an on-the-job accident, your dependents can receive a death benefit of two-thirds of your average weekly earnings (up to $800 per week). For purposes of this benefit, a dependent can be a spouse, child, or step-child. These benefits may also pay for funeral and burial expenses.
How Georgia Workers’ Compensation Payments Work
Workers’ compensation payments in Georgia generally have a 7-day waiting period. Once you are unable to return to work for seven days, you can start receiving weekly benefit payments. If you are unable to work for 21 consecutive days after your injury, you will get compensation for the first seven days after your injury.
The severity of your injury and the length of your recovery generally determine which type of benefit payments you will receive.
Temporary Total Disability Benefits
This type of benefit is paid when you are temporarily unable to work because of your injury. These benefits can begin 7 days after your injury, and you should expect your first payment within 21 days after your injury. These benefits are intended to provide financial support until you are able to return to work.
Temporary Partial Disability Benefits
In some cases, you may be able to return to work in a reduced capacity. Perhaps you can still work, but you cannot perform some of your previous job duties. In that situation, you may receive temporary partial disability benefits. Your benefit amount will be based on the difference between your previous earnings and your current reduced earnings.
Permanent Partial Disability Benefits
It is possible that you might never make a complete recovery after your injury. You could be left with permanent effects, like limited mobility or even the loss of a body part. In those situations, you will be paid for your permanent partial disability for a certain period of time based on the amount set by law for the specific injury or limitation you have.
For instance, if you lose an arm or leg, you can receive benefits for 225 weeks. The law specifies how long injured workers are entitled to receive benefits for various injuries or disabilities.
Permanent Total Disability Benefits
If a doctor determines that you qualify for permanent total disability benefits, you may be entitled to receive life-long benefit payments. Typically, this involves workers who have lost more than one major body part or have lost vision in both eyes. Similarly, workers who suffer traumatic brain injuries often qualify for permanent total disability benefits.
Lump Sum Payments
Unfortunately, the weekly benefit payments provided by workers’ compensation insurance sometimes are not enough to cover your medical expenses. If you require long-term medical treatment or rehabilitation, you may require a lump sum payment.
The amount of your lump sum payment should take into account your future medical needs as well as your future income requirements. In many cases, hiring an experienced workers’ compensation lawyer is necessary to get the compensation you deserve for your injuries.
How Long Do I Have to File a Workers’ Compensation Claim?
In Georgia, the statute of limitations for filing a workers’ compensation claim is one year from the date of the accident. This means that, in most cases, you must submit your claim within one year to be eligible for benefits. However, it’s important to note that there is an additional requirement: you must notify your employer about the work-related injury or accident within 30 days of the incident. Failing to report the accident to your employer within this 30-day period could jeopardize your ability to receive benefits, regardless of whether you file your claim within the one-year statute of limitations.
Contact Hammers Car Accident & Personal Injury Lawyers For Help
An experienced Georgia workers’ compensation attorney can help you through the claims process. Most attorneys offer a free consultation, so it is always a good idea to talk to an attorney as soon after your accident as possible to learn about your legal options. If you need help with a workers’ compensation claim, contact Hammers Car Accident & Personal Injury Lawyers today to get your questions answered.
For more information, contact the Atlanta workers’ compensation law firm of Hammers Car Accident & Personal Injury Lawyers to schedule a free initial consultation. We have convenient locations in Atlanta, Sandy Springs, Lawrenceville, Mableton, Smyrna, and Roswell.
We serve Fulton County and its surrounding areas:
Hammers Car Accident & Personal Injury Lawyers – Atlanta
201 Joseph E Lowery Blvd NW Suite 312,
Atlanta, GA 30314
Open 24/7
(770) 900-9000
Hammers Car Accident & Personal Injury Lawyers – Sandy Springs
5555 Glenridge Con, Suite 975,
Sandy Springs, GA 30342
Open 24/7
(678) 605-9838
Hammers Car Accident & Personal Injury Lawyers – Lawrenceville
265 Culver St S. Suite A.
Lawrenceville, GA 30046
Open 24/7
(678) 916-8584
Hammers Car Accident & Personal Injury Lawyers – Mableton
5701 Mableton Pkwy SW Suite 108,
Mableton, GA 30126
Open 24/7
(706) 480-5487
Hammers Car Accident & Personal Injury Lawyers – Smyrna
2400 Herodian Way Ste#220,
Smyrna, GA 30080
Open 24/7
(678) 922-4497
Hammers Car Accident & Personal Injury Lawyers – Roswell
110 Mansell Cir #111,
Roswell, GA 30075
Open 24/7
(678) 582-8466
