Frequently asked Questions in Workers' Compensation

What injuries qualify for workers' compensation benefits in Georgia?

Under Georgia law, injuries arising out of and in the course of employment qualify as a workers' compensation injury. In general, this means that injuries that are related to employment and which occur while someone is working qualify an injured worker for benefits. This is a simple answer to a question which can be complicated.

If I have a condition, such as a bad back, which is not related to my employment, can I receive workers' compensation benefits if my work makes that condition worse?

Yes. Georgia law does not require a worker to be in perfect health at the time he or she is injured. The law recognizes that a person's employment can make a condition worse. When this happens, the employee is entitled to workers' compensation benefits for as long as the condition is worse than it was before the injury.

What are the benefits I will receive under workers' compensation?

There are several different categories of benefits. The three main benefits are medical care, income benefits, and payment for a permanent impairment.

In general, Georgia law requires an employer to pay for an injured worker's medical care. Ordinarily, medical care an employer is not required to be paid unless it is directed by an authorized doctor.

An injured worker will also receive a portion of their usual income when they cannot work because of their injury. Whether and when income benefits will be paid depends on many different factors. Generally, though, income benefits will be paid if an authorized doctor states that a worker cannot work at all. Income benefits may also be paid if an authorized doctor states that an employee can work, but that they are limited in what they can do.

Finally, money will be paid to an injured workers if a physician states that an injury resulted in a permanent impairment to a person's body.

How much will I be paid each week I am out of work?

The law requires that an employee be paid 2/3 of his or her average weekly wage. The average weekly wage is most often based on the average weekly income of an employee over the thirteen weeks before an injury. The law limits the amount that an injured worker can be paid. The limit has increased in each of the last few years. As of July 1, 2001, the maximum amount an employee can be paid each week is $400.00.

Can my employer require me to work if my doctor says I can only work light duty?

The law allows an employer to offer light duty work to an injured worker. There are very specific ways that this must be done though. In general, the treating doctor must approve the light duty work being offered, before an employer can require an injured worker to work light duty.

Can I choose my doctor?

Georgia law does not allow an injured worker to choose any doctor they want, if the employer follows the correct procedures. Under the law, the employer must post a list of doctors in an appropriate place. If the list is not comply with Georgia law, such as not having the right number of doctors, the injured worker may be able to choose his or her own doctor. An injured worker can also choose his or her own doctor if the employer fails to post the list of doctors as required. If an employer follows the law, an injured worker must begin treatment by choosing from the approved doctors. Under certain circumstances, however, an employer must pay for a one time examination with any doctor an injured worker can chooses.