Know Your Rights as an Injured Worker Under Georgia Law

Did you know that Georgia’s workers’ compensation laws outlines nine basic rights of all injured workers? Or that employees have 12 specific responsibilities toward their employers when it comes to on-the-job accidents?

Far too often, injured workers miss out on benefits and compensation simply because no one has told them the rules or simply because their employers assume they aren’t familiar with the law. At Van Sant Law we want every worker in Georgia to understand their rights and their employer’s responsibilities.

If you have been involved in an on-the-job accident in Georgia, we are here to make absolutely certain that you get the support and compensation you deserve, and that your recovery and return to work go as smoothly as possible.

Do you have an immediate question about your Georgia workers’ compensation claim? Call 404-991-5950 to speak with an attorney at Van Sant Law.

Below are the nine rights of on-the-job injury victims in Georgia, as outlined by state lawmakers. We urge you to review them carefully and call us with any questions or concerns about your case.

1. If you are injured in an on-the-job accident, you can receive compensation for medical rehabilitation and income benefits. If a worker dies in an on-the-job accident, the worker’s surviving family members may receive benefits.
2. When seeking medical treatment, injured workers may choose from a list of six doctors provided by their employer. They may switch between doctors on the list once without informing their employer. An employer may alternatively provide a workers’ comp managed care organization (WC/MCO) for injured workers from which to choose a provider. In the event of a medical emergency, injured workers can receive treatment from any available doctor.
3. Your medical expenses, as well as some related expenses, may be paid if you were injured while on the job. These expenses may include medical bills, physical therapy, medication, and travel.
4. If your injury prevents you from working for more than seven days, you may begin receiving income benefits. You will be paid for your first seven days of missed work if you are sidelined for more than 21 consecutive days.
5. If you suffer a catastrophic injury, you are entitled to two-thirds of your average weekly wage, up to $525 per week, for as long as you are unable to work. A catastrophic injury could include a traumatic brain injury, amputation, paralysis, severe burns, blindness, or any injury that prevents the worker from making a living wage.
6. If you suffer a non-catastrophic injury, you are also entitled to two-thirds of your average weekly wage, up to $525 per week, for up to 400 weeks. This amount could be reduced if you are not working but could be employed within some limits.
7. If you are able to return to work, but only at a lower-paying job, you may be able to receive up to $350 per week for 350 weeks.
8. If a worker dies in an on-the-job accident, his or her dependents may receive $7,500 in funeral expenses and two-thirds of your average weekly wage, up to $525 per week. These benefits may stop if payment reaches $150,000 (for a spouse with no children), if the spouse remarries, or if the spouse cohabitates with a new partner.
9. The insurance provider must pay a late penalty if valid injured worker payments are delayed.

In addition to knowing your rights as an injured worker, you should also be familiar with the Georgia workers’ compensation laws that you must follow as an employee.  For example, you are required to follow safety regulations, report accidents as soon as possible, and attempt to return to work after an injury when able. It’s important to understand that not following these rules could thwart your efforts to collect workers’ compensation in the wake of an accident.

Even when you know your basic rights as an injured worker in Georgia, understanding the particulars of state workers’ comp laws can be difficult. At Van Sant Law we can work with you to understand what happened on the day of the accident and for which workers’ comp benefits you qualify. We can also help you navigate what can often be a complex and frustrating system.

Ready to get started? Call 404-991-5950 today to set up a confidential, free appointment with an experienced Georgia workers’ comp lawyer or use our online contact form and we will get in touch with you.