What Is the Employer’s Responsibility When a Worker Is Injured in GA?
Georgia’s State Board of Workers’ Compensation outlines employer responsibility following a workplace accident. An employer has a key role to play after a workplace accident and throughout an employee’s recovery process, encompassing proper reporting and ensuring the worker receives medical treatment.
An employer’s responsibility begins with understanding its obligations under Georgia’s workers’ compensation laws and carrying workers’ compensation insurance.
What Is Workers’ Compensation?
Contents
- 1 What Is Workers’ Compensation?
- 2 Who Is Required to Carry Workers’ Compensation Insurance?
- 3 What Are an Employer’s Immediate Responsibilities After a Work Injury?
- 4 What Are the Employer’s Workers’ Compensation Financial Responsibilities When a Worker Gets Injured?
- 5 What Can an Employer Do to Prevent Workplace Accidents?
- 6 Contact a Georgia Workers’ Compensation Lawyer Near You
Workers’ compensation is a state-regulated insurance system that provides benefits to employees who suffer work-related injuries or illnesses. Under Georgia law, workers’ comp covers medical care, a portion of lost wages, and rehabilitation services when an injury or occupational illness occurs on the job.
The workers’ comp program is designed to protect both employees and employers. Workers receive prompt access to medical care and compensation without having to prove their employer was at fault for their injury or illness, while employers receive protection from most personal injury lawsuits related to workplace incidents. The balance helps maintain fairness and efficiency when handling work-related injuries.
Who Is Required to Carry Workers’ Compensation Insurance?
Most Georgia employers are required to carry workers’ compensation insurance. The law applies to any business that regularly employs three or more people, whether they are full-time or part-time workers.
Corporate officers and members of limited liability companies are generally considered employees but may file for an exemption without affecting the employer’s workers’ compensation coverage obligation. Even small businesses must comply if they meet the employee threshold, and contractors may also bear responsibility for uninsured subcontractors.
Failure to maintain valid coverage leaves employers open to penalties and potential legal consequences.
What Are an Employer’s Immediate Responsibilities After a Work Injury?
When a worker is injured on the job, the employer’s first responsibility is to make sure they receive appropriate medical care. Georgia law requires employers to post a Panel of Physicians or a list of approved medical providers. The injured worker must be allowed to choose a doctor from that list, and the employer should assist in arranging the initial treatment.
After addressing the worker’s immediate medical needs, the employer must document the accident carefully, noting how, when, and where the injury occurred, along with any witnesses. The employer must also complete and submit the Employer’s First Report of Injury (Form WC-1) to its workers’ compensation insurance carrier and, if necessary, to the State Board of Workers’ Compensation within the required deadlines.
Finally, the employer should inform the injured employee of their rights under the workers’ comp system, including the right to medical treatment, wage-replacement benefits, and the ability to change doctors once within the approved panel. Clear communication helps prevent misunderstandings and supports the worker’s recovery.
What Are the Employer’s Workers’ Compensation Financial Responsibilities When a Worker Gets Injured?
Georgia employers have the responsibility to provide benefits that cover both the cost of an injured worker’s medical treatment and compensation for a portion of the income they lost due to their injury. The employer’s workers’ compensation insurance provider or a self-insured program will pay these benefits, which are designed to help employees recover and return to work safely.
Medical expense benefits cover all reasonable and necessary medical care related to the work injury, including:
- Doctor visits
- Hospital stays
- Surgeries
- Physical therapy
- Prescriptions
- Rehabilitation equipment
The employer, through its insurance carrier, is responsible for paying these costs, provided that the worker obtains care from approved physicians listed on the employer’s Panel of Physicians or managed care organization network. Employees are not required to pay out of pocket for authorized medical treatment.
In addition to medical benefits, workers may be entitled to wage-replacement benefits, the amount of which will depend on the severity and duration of their disability. Wage-replacement benefits provide income support when an employee cannot perform their regular job duties due to a workplace injury or occupational illness.
The four main types of wage replacement benefits in Georgia include:
- Temporary total disability (TTD), which pays two-thirds of regular average weekly wages (up to a capped maximum) to workers who are entirely unable to work while recovering
- Temporary partial disability (TPD), which pays two-thirds of the difference between the pre-injury and current average weekly wages to workers who can perform light-duty or part-time work at reduced pay
- Permanent partial disability (PPD), which pays two-thirds of the difference between the prior and current average weekly wages to workers who suffer from lasting impairment but are still capable of some work for a period of time correlated to the extent of the impairment
- Permanent total disability (PTD), which extends temporary total disability payments to workers who are permanently unable to return to any form of employment
All forms of wage-replacement workers’ compensation benefits are subject to state-imposed limits on both the amount and duration of payments.
What Can an Employer Do to Prevent Workplace Accidents?
While workers’ compensation insurance protects employers and employees after accidents, employers must also take reasonable steps to keep employees safe and reduce the risk of accidents before they occur. A proactive safety program can help protect workers and minimize potential claims.
Employers can reduce workplace injuries by:
- Maintaining safe working conditions through regular inspections and prompt repairs
- Providing proper safety equipment and making sure it is used correctly
- Following all applicable OSHA standards and Georgia workplace safety regulations
- Investigating the cause of every workplace accident and taking corrective action to prevent similar incidents
- Offering additional safety training when new equipment, processes, or risks are introduced
Contact a Georgia Workers’ Compensation Lawyer Near You
If you got hurt at work, do not rely on employer responsibility alone to ensure you receive the benefits you are owed under Georgia law.
An experienced workers’ compensation lawyer at R. Alan Cleveland, LLC, can help you file a workers’ compensation claim. Our Athens personal injury law firm provides personalized service and employs smart legal strategies to support people in situations like yours. We’ve recovered over $150 million for our clients and assisted numerous injured workers in accessing the medical treatment and wage-replacement benefits they are entitled to.
Contact our office today for a free consultation to discuss your case and learn more about your legal options for pursuing maximum workers’ compensation benefits.
An Athens resident Alan Cleveland grew up in Rockdale County. As a founding partner of the personal injury law firm of R. Alan Cleveland, LLC he proudly serves his community and provides skilled representation to injury victims and their families all around Georgia. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta’s John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteered as a youth baseball coach and assists with Georgia’s high school moot court competition held annually. Alan serves as a Trustee of Historic Athens and is a member of the Development Authority of the Unified Government of Athens-Clarke County.