What Type of Benefits Can I Recover Under the Workers’ Comp Act in Georgia?

If you suffer an on-the-job injury, Georgia Workers’ Compensation Act benefits can provide the financial support you need to recover. That includes medical benefits to cover your healthcare needs and weekly income benefits that replace a portion of your lost wages. In some cases, you can also receive rehabilitation benefits if you need help training for or finding a new job.

A Georgia workers’ comp attorney at R. Alan Cleveland, LLC, can assess your eligibility for workers’ compensation benefits and help you seek the money you deserve. Contact us now to set up a free consultation.

What Is Workers’ Compensation?

Workers’ compensation is a no-fault insurance system that provides benefits to workers who suffer job-related injuries or illnesses. In Georgia, most employers with three or more regular employees must carry workers’ compensation coverage.

Workers’ comp is a no-fault system, meaning injured employees can receive benefits regardless of who was at fault for the accident, as long as they meet all relevant eligibility requirements.

If you get hurt while doing your job or suffer an occupational illness, you could be entitled to medical care coverage and weekly payments to replace some of your lost wages. Georgia workers’ compensation law also provides death benefits to surviving family members if a worker dies because of a work-related incident.

What Types of Injuries Does Georgia Workers’ Compensation Cover?

Workers’ compensation in Georgia covers most injuries that happen while you are doing your job. That includes sudden injuries, like broken bones from a fall, and gradual injuries, like carpal tunnel from repetitive motions.

The law also covers work-related illnesses caused by exposure to harmful substances. You can even qualify for benefits if your job makes a pre-existing condition worse. Mental conditions linked to physical injuries can also be covered with sufficient evidence of such a link.

How Do Georgia Workers’ Compensation Payments Work?

If you get hurt on the job in Georgia, you could be entitled to several types of workers’ compensation benefits:

Medical Benefits

Workers’ comp covers any reasonable medical care you need to treat your occupational injury or illness, such as:

• Emergency room visits
• Follow-up appointments
• Hospital stays
• Surgeries
• Physical therapy sessions
• Diagnostic tests
• Prescription medications
• Medical equipment
• Mileage for travel to appointments

You must see a doctor approved by your employer’s insurance or selected from their posted panel of physicians to get these benefits. If your employer has not posted a panel, you might have more flexibility in choosing your provider.

Rehabilitation Benefits

Some injured workers need help returning to work after they recover, which is where vocational rehabilitation benefits come in. Rehab benefits can cover services like job training, help finding new jobs, or education to transition into a different career.

Income Benefits

If you cannot work due to your injury, the following income benefits could replace a portion of your wages:

• Total disability – If you are completely unable to work during your recovery, these benefits replace up to two-thirds of your average weekly wage, with a maximum of $800 per week. Payments usually last up to 400 weeks but can continue indefinitely if you suffer a catastrophic injury.
• Temporary partial disability – If you can return to work but your functional limitations force you to accept a lower-paying job, temporary partial disability benefits can replace up to two-thirds of the difference between your pre- and post-injury wages. They pay up to $533 per week for up to 350 weeks.
• Permanent partial disability – If your doctor determines that you have a permanent impairment after you reach maximum medical improvement, you could qualify for permanent partial disability benefits based on that rating. The amount and duration of these benefits depend on the affected body part and the percentage of your functional loss.

How Soon Can I Start Receiving My Benefits?

Your medical coverage benefits should kick in right away. Notify your medical provider that you are seeking treatment for a work injury, and they should bill your employer’s insurer directly.

You can qualify for income-replacement benefits if you miss more than seven days of work due to a job injury. Payments begin on the eighth calendar day. If your disability lasts 21 consecutive days or more, workers’ comp provides retroactive benefits for the first seven days you missed.

Your employer’s insurance carrier should send your first check within 21 days of the date you missed work. If your employer or the insurer delays payment without a good reason, you could qualify for a penalty payment of 15 percent on top of your owed benefits.

How Long Can I Receive My Workers’ Comp Medical Benefits?

Georgia workers’ compensation covers medical treatment and income replacement for total disability for up to 400 weeks from the date of injury. If your injury qualifies as catastrophic, you could receive medical and income replacement benefits for life.

What Happens If I Can Return to Work but Have to Accept a Lower-Paying Job Due to My Work Injury?

If you can only work in a lower-paying position because of your injury, you could qualify for temporary partial disability (TPD) benefits. TPD payments cover up to two-thirds of the difference between your previous wages and your current earnings. TPD benefits can provide up to $533 per week for a maximum of 350 weeks.

What If My Work Injury Prevents Me from Getting a Job?

If your injury prevents you from working at all, and your doctor classifies it as catastrophic, you could receive weekly total disability benefits for life. If your injury is not catastrophic but still affects your ability to find work, you could receive vocational rehabilitation benefits. They can cover job retraining or services to help you find new work.

How Long Do You Have to File a Georgia Workers’ Compensation Claim?

You have 30 days to report your injury to your employer. If your employer or their insurer refuses to pay, you can file a claim with the State Board of Workers’ Compensation. You must do so within one year from the date of your injury or the last medical treatment paid for by your employer.

Contact a Georgia Workers’ Compensation Lawyer Near You

At R. Alan Cleveland, LLC, we have recovered more than $150 million for clients across Georgia, including multiple five- and six-figure workers’ compensation settlements. Our firm knows how to build strong claims and pursue the full benefits the law allows.

Contact us today to schedule a free initial consultation with our team.