Georgia Workers’ Comp Benefits Guide for Injured Workers

Most people know Georgia as the Peach State, but it actually produces more peanuts than the fruit it’s famous for each year. Agricultural businesses are a major employer in this state, and Atlanta is known to be a music industry hub. The state is also a popular location for filming movies and television shows, which employ many Georgia residents. But if you get hurt on the job, do you understand how to get Georgia workers’ comp benefits?

Unfortunately, there are many mistakes you can make that might put your workers’ comp claim at risk. Keep reading to learn how to apply, which doctor to see, the PTO required waiting period, and benefit amounts.

Getting Georgia Workers’ Compensation Benefits: Key Takeaways

• The Georgia Workers’ Compensation Act requires all businesses with three or more employees to provide workman’s comp insurance coverage.
• Georgia employees with a job-related injury must report the incident to their employer before seeking medical treatment. This is because Georgia law gives employers the right to direct medical care for injured workers.
• Unless an authorized physician says you cannot work again for more than a week, workers’ compensation insurance only pays for medical bills.
• Lost income benefits for injured employees off work for more than 7 days equal two-thirds of the state’s average weekly wage (AWW).
• Certain employees are automatically exempt from Georgia workers’ comp coverage, like federal workers and independent contractors.

Georgia Workers’ Compensation Law Covers Most Employees, With Few Exceptions

State law says all Georgia business owners with at least three (3) employees must provide workers’ compensation insurance. This coverage requirement applies equally to part-time and full-time employees starting on day one of employment. It also covers seasonal employees. The state’s no-fault system helps provide covered employees with appropriate benefits for workplace injuries. In other words, injured employees that accept workers’ compensation benefits give up their right to sue employers.

However, certain employees are automatically exempt from this coverage requirement under state law. Employees who cannot file a workers’ compensation claim in Georgia under their employer’s insurance plan are as follows:

• Farmers and farm laborers (though they may choose to opt into insurance coverage by purchasing their own plans and notifying the state)
• Federal employees
• Independent contractors
• Railroad workers
• Sole proprietors

Certain Georgia Business Owners and Employees May Refuse Workers’ Comp Insurance Coverage

Up to five people per company can file Form WC-10 to exempt themselves from this insurance coverage requirement, including:

• Corporate officers
• Limited liability company (LLC) members
• Business partners

Employers who fail to abide by these insurance coverage requirements may face the following legal consequences:

• Owe at least $500 and up to $10,000 in fines
• Spend up to 12 months in jail on a misdemeanor conviction
• Both of the above

Verifying Your Employer Has Insurance Coverage with the Georgia State Board of Workers’ Compensation

You can look up your employer by name on the Georgia State Board website to confirm coverage.

How to Apply for Georgia Workers’ Comp Benefits

Important: If your life is in danger, go to the nearest hospital or clinic for urgent medical care. Your emergency room visit should be covered under your employer's insurance plan if you have a life-threatening injury.

Otherwise, follow the steps below to file your workers’ compensation benefits claim in GA:

1. Notify your employer as soon as the injury occurs, and before you seek medical treatment (unless it’s an emergency).

Ask your manager for a list of doctors their workers’ compensation insurance carrier authorized to treat workplace injuries. You should have at least 6 different healthcare providers to choose from on that list.

Pro Tip: You must notify your employer within 30 days of your work-related illness or injury to qualify for any benefits.

2. Choose an approved physician from your employer’s list of providers for medical treatment.

Be sure to tell the doctor your injury is work-related when you arrive. If you wish to change doctors after your first visit, you may do so without permission from your employer. However, you must choose another authorized physician if you are unhappy with your first doctor.

3. Your employer then completes Form WC-1 to report the incident to their workers’ comp insurance company.

If your supervisor refuses to do so, file the form with the Georgia State Board of Workers’ Compensation yourself.

Important: You must file this form within one year after your injury occurs to qualify for any Georgia workers' compensation benefits.

4. If approved, you must miss seven days of work before you qualify for any lost income benefits.

Georgia workers’ compensation law has a required waiting period of seven days before you can get weekly income benefits. If you can go back to work any sooner, then workers’ comp only covers your medical costs.

Once you miss 22 days of work, then you will receive income benefits to cover that first unpaid week off. Your first weekly benefits check should arrive within 21 days of your first missed work shift.

5. If the workers’ compensation insurance company denies you benefits, file Form WC-14 with the state board to appeal.

The SWBC should schedule your appeals hearing with an administrative law judge within 60 days after you file this form. Once you get to this stage, it’s best to have an experienced workers’ compensation lawyer handling your appeal. Your employer will arrive at the hearing with attorney representation, so come prepared to present your case.

What Georgia Workers’ Comp Benefits Exist for Injured Workers?

There are different types of workers’ compensation benefits available in GA: medical, income benefits, and death benefits. In some cases, your paperwork may call you wage-loss or income payments for paid time off “indemnity benefits.”

Medical Benefits

Medical benefits will cover all medical costs associated with your work injury for up to 400 weeks, including:

• Medical expenses, such as x-rays, doctor’s visits, bloodwork, etc.
• Physical therapy
• Mileage reimbursement and other travel expenses to receive necessary care, such as hotel stays, road tolls, etc.
• Medical devices you may need during the recovery period, like crutches, a mobility scooter, etc.

Temporary Total Disability Benefits

Temporary total disability benefits can begin as soon as your 8th missed work shift and last until you’re back on the job. These weekly payments equal two-thirds (66 2/3%) of your average weekly wage (AWW) for no more than 400 weeks.

Temporary Partial Disability Benefits

If you can go back to work but require reduced hours or pay due to your injury, you may qualify for TPD benefits. These weekly payments last for no more than 350 weeks and equal 2/3 of the difference between your pre-injury and post-injury earnings.

Permanent Partial Disability Benefits

Work-related injuries that result in disfiguring or permanent disabilities may qualify for PPD benefits. Georgia workers’ comp insurance calculates PPD payments using the same formula as TPD benefits. You can receive PPD payments for a number of weeks based on your permanent disability percentage. For catastrophic injuries, you can receive PPD benefits for a maximum of 400 weeks.

Permanent Total Disability Benefits

If you cannot return to work at all once you reach Maximum Medical Improvement (MMI), you may qualify for PTD benefits. These weekly payments equal the same amount as TTD benefits for a maximum of 400 weeks total.

Death Benefits for Families of Deceased Workers

Upon an employee’s death, family members of the deceased worker may become eligible for death benefits:

• Up to $7,500 to cover burial expenses and funeral costs
• Dependent spouse and children can receive workers’ compensation benefits equal to 80% of the deceased worker’s average weekly wage (AWW)
• Death benefits end if the widowed spouse remarries, dies, or moves in with a new partner

Survivors should file a workers’ compensation claim as soon as they receive the deceased worker’s death certificate, if possible.

Important: Dependent spouses, legally adopted children and biological children all count as eligible family members for death benefits.

How to Get a Free Consultation from a Georgia Workers’ Compensation Attorney

Workers’ compensation requirements are often confusing, especially when you are in pain and unsure what to do. An experienced workers’ compensation attorney can help you qualify for benefits, file your application or fight your claim’s denial.

Not sure where to find an experienced Georgia workers’ compensation lawyer in your area? That’s where LegalASAP comes in. We can match you with an attorney today for a free, no-obligation claim consultation. This service costs you nothing, and our national network of hundreds of attorneys is located from coast to coast.

Every attorney in our network offers legal assistance on a contingency basis. That means if you don’t receive workers’ compensation, you owe $0 in legal fees. Georgia workers’ comp law says attorneys cannot charge more than 25% of your final settlement award.

Ready to get started? Click the button below to start your free online claim evaluation now: