What You Should Know About Georgia Workers’ Compensation

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If you were recently injured on the job, you may have started the process of filing for workers compensation benefits. The following article will provide some helpful information you should know about workers’ compensation in Georgia.

Important Information Regarding Georgia’s Workers’ Compensation

  • You have 30 days to report the accident to your employer. Pursuant to O.C.G.A. § 34-9-80, an employee must report an injury-causing work accident to his employer within 30 days after the date the accident occurred.
  • You could continue to receive workers’ compensation benefits even after you return to work. If you were injured at work and subsequently find yourself able to return to work, you may still be able to receive workers’ compensation benefits if you are suffering from a permanent partial disability (PPD) or if you have returned to work and are making less than your pre-injury average weekly wage.
  • You may not be entitled to workers’ compensation if you contributed to your own injuries. If it is determined that your own actions (for example, fighting, engaging in horseplay, or accidents caused by your abuse of alcohol or drugs) contributed to your injuries, you will not be entitled to workers’ compensation benefits.  
  • You may still be entitled to workers’ compensation benefits even if you have a pre-existing injury. If you have a pre-existing injury and a work-related accident further aggravates that injury, you can still receive workers compensation benefits to compensate for the aggravation of that injury (but not for the underlying, pre-existing injury).
  • Your employer’s workers’ compensation insurance carrier will pay for your treatment. As long as your injury occurred in the workplace, your employer’s workers’ compensation insurance carrier will pay for the costs associated with your authorized medical treatment. This includes all authorized doctor bills, hospital bills, physical therapy costs, prescription costs, and necessary travel expenses. Any medical bills related to your work injury should be sent to your employer and/or the employer’s workers’ compensation insurance carrier.
  • You can still receive workers’ compensation benefits while you are at home recovering from your injuries. If you are unable to work due to your injuries, you may be entitled to receive temporary total disability (TTD) benefits while you are recovering at home, which equal two-thirds of your average gross weekly wage.
  • If your injury prevents you from seeking employment elsewhere, you can receive job benefits. If you are unable to seek employment elsewhere due to your injury, the workers’ compensation program may provide you with job benefits, such as job search assistance, on-the-job training, or payment for educational expenses.
  • The state’s workers’ compensation program does not compensate for pain and suffering. Workers’ compensation in Georgia does not provide any compensation for any pain and suffering you may have endured as a result of your injuries. You may want to consider consulting a personal injury attorney to determine the full extent of damages you could be eligible to receive if you instead file a personal injury lawsuit against the responsible party.  

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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