A state-mandated system that provides medical care and wage benefits to workers injured on the job, regardless of fault, with narrow exceptions (e.g., intentional self-harm, intoxication).
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Frequently Asked Questions
Georgia Workers’ Compensation Injury FAQs:
What do I need to do if I get hurt at work?
Report your injury to your employer within 30 days, get a medical evaluation, and file a workers’ compensation claim if needed. It is always beneficial to contact an attorney who handles workers’ compensation law. O.C.G.A. § 34-9-80 requires notice to the employer within 30 days of the injury (subject to some exceptions). Tell your employer as soon as possible
Do I have to prove the employer was negligent?
No—workers’ comp is no-fault. If it happened in the course of employment, it is generally covered.
How much will my wage benefit be?
Amount: If you are taken totally out of work by the authorized treating physician, you generally receive TTD benefits that are ⅔ of your average weekly wage, capped at Georgia’s statutory rate at the time of injury (currently $800/week for injuries on or after July 1, 2023).
If you are not taken totally out of work, but are experiencing reduced wages due to your work injury, then you may be entitled to TPD that is 2/3 of the difference between pre- and post-injury earnings (with its own cap and max 350 weeks), and
Duration: For non-catastrophic injuries, TTD is capped at 400 weeks from the date of injury; catastrophic injuries may receive lifetime income benefits. Whereas TPD is capped at 350 weeks from the date of the injury. For catastrophic injuries, TTD benefits can continue for your lifetime.
In a Workers’ Compensation claim, what is my employer required to do after I report my injury?
Your employer is required to report your injury to its workers’ compensation insurer. The Employer or its insurer should provide you with a WC-1 Board Form, so you not only have proof that you properly reported your date of accident, but of the body parts you injured as well. The WC-1 Board Form will also tell you whether the employer/insurer is accepting that you had an injury for which they are required to provide benefits or whether they are claiming that they are not responsible for providing benefits. It is in your best interest to obtain a copy of your WC-1.
Do I need a lawyer?
Workers’ comp is highly technical: panel doctors, benefit calculations, IMEs, MMI, light duty restrictions, vocational rehab, and settlement structure all matter. Most injured workers benefit from legal counsel.
Can I be fired for filing a Workers’ Comp claim?
Georgia is an at-will employment state, so your employer can fire you for many reasons — but they cannot legally fire you in retaliation because you filed a workers’ compensation claim or reported an injury. Proving retaliation can be difficult, and you may need to explore this with a workers’ comp or employment lawyer. Even if you are fired, your workers’ comp benefits generally continue as long as you remain entitled to them. Employers cannot legally retaliate for filing or pursuing benefits. You may have additional remedies if they do.
What if my injury was caused by a third party?
You may have a separate personal injury claim against the responsible party (e.g., car wreck while driving for work), which can increase total recovery. The employer/insurer may have subrogation rights.
What if my claim is denied?
You can request a hearing before the Georgia State Board of Workers’ Compensation (SBWC). Many denials are overturned once evidence and medical support are provided.
Can I sue my employer for pain and suffering on top of Workers’ Comp?
In almost all cases, workers’ compensation is your exclusive remedy against your employer, and you cannot get separate ‘pain and suffering’ damages from your employer. The comp system pays only wage loss, medical, and certain specific scheduled benefits.
How do attorney fees work in Workers’ Comp cases?
In Georgia, workers’ comp attorney fees are typically contingency-based and capped at 25% of income benefits/settlement, and must be approved by the State Board
Am I entitled to reimbursement for my travel expenses related to my appointments with my authorized treating physician?
Yes, you are entitled to reimbursement for your mileage to and from doctor appointments with your authorized treating physician. Board Rule 203(e) pegs the mileage rate at $0.40/mile, and it must be reimbursed within 15 days after an itemized request. The worker has 1 year from the date of service to submit mileage, or it’s waived.
What benefits can I receive?
Georgia workers’ comp may provide:
- Authorized medical treatment
- Temporary total disability benefits (TTD)
- Temporary partial disability benefits (TPD)
- Permanent partial disability (PPD) ratings
- Mileage reimbursement for medical visits
In a Workers’ Compensation claim, what is my employer required to do after I report my injury?
Your employer is required to report your injury to its workers’ compensation insurer. The Employer or its insurer should provide you with a WC-1 Board Form, so you not only have proof that you properly reported your date of accident, but of the body parts you injured as well. The WC-1 Board Form will also tell you whether the employer/insurer is accepting that you had an injury for which they are required to provide benefits or whether they are claiming that they are not responsible for providing benefits. It is in your best interest to obtain a copy of your WC-1.
Can I see my own doctor?
Not automatically. Georgia employers must post a panel of physicians. You are entitled to choose from that panel, and you may change once without permission. If the employer fails to post a valid panel, the worker can often select their own physician at the employer’s expense.
Georgia Personal Injury FAQs:
What counts as a “Personal Injury” case?
Car accidents, truck accidents, motorcycle accidents, slip-and-fall, negligent security, dog bites, medical negligence, product defects, and other incidents caused by someone else’s negligence.
Do I have a case if I was partially at fault?
Yes—Georgia follows modified comparative negligence. You can recover reduced damages as long as you are less than 50% at fault. As long as the injured person is less than 50% at fault, they can still recover, but their damages are reduced by their % of fault. O.C.G.A. § 51-12-33.
What damages can I recover?
Common categories include:
- Medical bills
- Lost wages / loss of earning capacity
- Pain and suffering
- Property damage
- And possibly loss of consortium
Why is the insurance company calling me?
They are gathering statements to minimize payouts. You are not required to give a recorded statement to someone else’s insurer without counsel. However, you often do have a “cooperate” obligation with your own insurer under your policy — that’s contractual, not statutory.
Should I accept the first settlement offer?
Typically no—early offers are meant to close claims before injuries fully develop or medical bills accumulate.
Who pays my medical bills while my case is pending?
Common sources include:
- Health insurance
- MedPay (auto policy)
- Medicare/Medicaid
- VA benefits
- Letters of protection (LOP) from providers. They may have liens or reimbursement rights from settlement proceeds.
How do attorney fees work in injury cases?
Most lawyers use contingency fees—meaning you don’t pay unless you recover, and fees are taken as a percentage of the settlement or verdict. There is no strict statutory % cap for PI attorneys like there is in workers’ comp; typical ranges are 33–40% depending on stage and are outlined in the Attorney Client Agreement.
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