O’Connell Law Firm

Were You Sent to a Company Doctor After a Workplace Injury?

If you’ve been hurt on the job in Georgia, your employer or their insurance company may direct you to a specific medical facility for treatment, but that doesn’t mean you’re without options or rights. Employer-selected doctors and clinics often prioritize getting you back to work quickly rather than providing the thorough care your injury truly requires. Our firm has extensive experience representing injured workers who have received treatment at major hospitals throughout t...

Do I have to prove who is at fault in my workers’ compensation claim?

No. Georgia workers’ compensation law is a “no-fault” system. A “no fault” system means, with a few exceptions for defenses available to the insurance company, injured workers in Georgia can file a claim for workers’ compensation benefits regardless of the injured worker’s contribution to the cause of the accident and injury. However, in exchange for the right to receive “no-fault” workers’ compensation benefits, injured workers do n...

What defenses can the employer and insurer use to try and deny my workers’ compensation claim?

In Georgia, the insurance company has several “affirmative defenses” which they can use to try and deny you benefits. These affirmative defenses are: If the insurance company is trying to deny your claim with one of these affirmative defenses, you may want to discuss your case with an attorney to review your options.

How do I find out if my employer has workers’ compensation insurance?

The Georgia State Board of Workers’ Compensation has a website which anyone can use to check to determine if an employer has workers’ compensation insurance and to identify the employer’s workers’ compensation insurance company. It is located here: https://sbwc.georgia.gov/online-employers-workers-compensation-coverage-verification

Which employers are required to have workers’ compensation insurance?

Under Georgia law, and with some limited exceptions, all employers with three or more regular employees/workers are required to have workers’ compensation insurance. Employees are individuals who work part-time or full-time and includes minors or any other person, regardless of status in the United States, who is working under contract of hire, written or implied.

How much do I get paid if I miss time from work for my workers’ compensation claim?

The amount of workers’ compensation income benefits you receive every week depends on your average weekly wage. Your average weekly wage is calculated by adding up your gross (pre-tax) wages for the 13 weeks preceding your accident and dividing by 13. Your workers’ compensation rate is only 2/3 of your average weekly wage. For example, if your average weekly wage in the 13 weeks before your accident is $600.00, your workers’ compensation rate is $400.00.

How long do I have to be out of work to receive workers’ compensation income benefits?

In Georgia, income benefits are owed to workers who miss seven or more days of work due to a work-related injury. If your injury causes you to miss 21 consecutive days, you are entitled to receive pay for the first seven missed days of work.

How long will the insurance company pay me workers’ compensation income benefits?

In Georgia, there are three types of workers’ compensation income benefits: Temporary total disability (TTD) benefits are paid to you either when your doctor says you cannot work or when your doctor says you can work light duty but your job does not have light duty work available for you. Georgia law limits the maximum weekly amount of TTD benefits you can receive up to $675.00 per week for injuries from July 1, 2019 to the present. Temporary partial disability (TPD) benefits are paid t...