Workers' Compensation in Georgia

If you are injured on the job, and your injury is significant, you will find yourself involved with the workers'  compensation system.  As lawyers representing injured claimants, it has been  our experience that Georgia's worker's compensation system can be confusing  and unfair.

Over the past fourteen years, we have noted that many claimants have similar experiences after being injured on the job.  We hope  that the following list of questions and answers will answer some of your  questions about the workers' compensation system in Georgia. We would be  happy to discuss your case in detail - please call us at 770-351-0801 for a  free phone or office appointment.

I was just hurt at work. What should I do next?  Back to Top

Immediately report your injury to your supervisor or management personnel.  Write down the name of he person to whom you reported the injury as well as the  date and time of the injury. If you are seriously hurt or otherwise feel that  you have an emergency situation, call 911 or go the emergency room. Make sure  you or the person accompanying you specifically reports that this is a job  injury. Georgia’s workers'’ compensation law recognizes emergency  situations and in most cases, your company’s workers'’ comp insurance company will pay for  emergency care but only if it is a true emergency and cannot otherwise be  handled at the authorized medical facility.

I hurt my back (hand, knee, eye, foot, etc.) at work a few days ago. I  thought I would get better with rest, but I’m getting worse, not better. What should I  do?  Back to Top

It is very important that you provide notice to your employer that you were  injured on the job. If you are unable to provide notice yourself, it is okay if a friend or relative does it for you.   Georgia law allows your 30 days to give notice of injury, but the sooner you provide notice of injury to  your employer, the better.  It has been our experience that your failure to provide  notice of injury will create big problems for you later. Your employer may deny  that you were hurt the way you say you did, or that you hurt yourself at home.  If there were any witnesses to your accident, try to get their names and phone  numbers. If your injury was more gradual, and not the result of a specific  accident, try to remember when you realized that something was really wrong with  you. In any case, as soon as you realize that you have been hurt, let your  supervisor or human resources director know about your injury.

I tried to tell my supervisor that I was  hurt, but he got angry and told me that I could not file a report unless  something fell on me and I broke a bone. What should I do?  Back to Top

Sometimes supervisors or human resource directors don’t understand workers' compensation, and sometimes, they simply  want to bully you out of making a claim. The bottom line is that with few  exceptions, you are automatically covered by workers' compensation if you are injured on the  job. You are covered for almost any type of injury that happens on the job.  Examples of “compensable” accidents and injuries include the  following:

- you fell from a ladder and hurt your hips and back

- your back “pops” when you are picking up a box;

- your job involves moving heavy boxes and your back strain has become worse  and worse over a period of weeks or months;

- your job involves typing or other repetitive motion and your wrists are  aching and swollen (carpal tunnel syndrome)

- you were hit on the head with a metal beam and you are now having trouble  remembering or seeing clearly

- you twisted your knee at work a week ago, and it remains swollen and  painful;

If your employer will not cooperate, you can and should file a notice of  claim with the State Board of Workers' Compensation. You can get this form from your workers' compensation lawyer (you can call Ginsberg  Law Offices at 770-351-0801 to get this form at no charge) or call the State  Board and ask them to send you a Form 14.  Our feeling is that anyone who is injured  should take matters into his/her own hands and file a Form 14, regardless of  what the employer does.

I reported a back strain injury to my supervisor four days ago. He took my  report and told me to go home and wait for him to call. No one has called and my  supervisor won't take my phone call.  Why is my employer acting this way and what should I do?  Back to Top

We understand and you should understand that employers and their insurance  companies do not like workers' compensation claims. First of all, there are instances of fraud (although not as  often as they would have you believe). Some workers, often new employees, take a  job with the idea of claiming back strain, then trying to squeeze several  thousand dollars in settlement. Secondly, employers have to pay higher insurance  premiums if they receive claims against their policy.

It has been our experience, therefore, that the most difficult cases involve  new employees, claims that are made a long time after the injury date, claims  made after an employee is fired, and claims arising from unwitnessed  accidents.

Unfortunately, it is not uncommon for your company to complete change its  attitude towards you if you file a workers' comp. claim. You should realize that in  many cases, once you have filed a comp claim, your employer and their insurer  see you as a liability - their goal is to get you released back to work then to  terminate you as soon as possible afterwards, or to settle your case for as  little as possible and to get you to resign from your job.

If you feel that you are getting the run-around, you should probably seek the  advice of an experienced workers' compensation lawyer. You can call Jodi Ginsberg at Ginsberg Law Offices at  770-351-0801 for a free, no-obligation telephone conference about your case.

My employer told me that my company would  handle everything for me but that they would stop helping me if I called a  lawyer. What should I do?  Back to Top

As noted above, your company can make life very unpleasant for you if they so  desire. And there are some situations where involving a lawyer will make things  more adversarial because there are some lawyers who will want to use your case  as a way to squeeze a few thousand dollars in fees from the insurance company  without regard to what is in your best interest.

At Ginsberg Law Offices, we always offer free, no-obligation phone or office  appointments to evaluate your case.   Click here for more information about the frustrating nature of the workers’ comp. system.

In any case, we think it is a good idea for you to be aware of all of your  options. You should be suspicious if your employer wants to keep you in the dark  about workers' compensation. While  this may be your first case, you can bet that your company has faced many claims  and has the benefit of experienced legal counsel.

If you call Ginsberg Law Offices to discuss your case, we will not take any  action, file any paperwork or notify your employer that you have called us  without first getting your approval.. Whether or not you decide to hire us,  anything and everything you tell us about your case is absolutely  confidential.

If I want to hire a lawyer, how much will I have to pay?  Back to Top

The State Board of Worker's  Compensation has to approve as reasonable any fee that a lawyer collects in your  workers' compensation case. Most  lawyers handle cases on a contingency contract, meaning that there is no  attorney's fee unless your case is  settled and that no fee will exceed 25% of your settlement. However many lawyers  will take 25% of each weekly benefit check you receive. At Ginsberg Law Offices  P.C. we do not take any money from your benefit check. We get paid upon  settlement. The State Board has approved specific language for this type of  contract. Ginsberg Law Offices uses a fee contract that includes the State Board  contingency fee language.

I reported a work injury last week and I received a  separation notice in the mail today. Is that legal? Does my termination affect  my rights?  Back to Top

There is nothing under Georgia workers' compensation law to prevent a company from  firing an injured worker. (However, you may have a claim under the Americans  With Disability Act (ADA) or Family Medial Leave Act (FMLA) which we can advise  you about.) They may fire you then deny your claim in an effort to force you to  get another job so you can pay your bills.

Your termination, assuming it is due to the accident or injury will not  affect your right to collect benefits or receive medical care under workers' compensation..

I have been sitting at home for three days.  How do I know what is going on with my claim?  Back to Top

You employer has two options upon receiving your claim. They can accept your  claim or they can controvert (deny) your claim.

If they accept your claim, they are obligated to provide your medical  treatment along with a weekly wage payment (if the doctor disables you from work  or restricts your work activity for more than 7 days and your employer fails to provide you with a  legitimate job within those medical restrictions).

If your claim is accepted, you should receive a form in the mail entitled WC-1 - Notice of Commencement of  Benefits. This form will state what  benefits are being started. This form must be filed by the employer/insurer  within 21 days of your claim being filed.

If they controvert your claim, you will have to take action (i.e., request a  hearing) to force them to accept your claim.

Normally, if your claim is being controverted, you will receive a State Board  form in the mail entitled Notice to  Controvert. This form will explain  why your claim was controverted and must be sent to you within 21 days of the  filing date on your claim.

As a practical matter, it can be difficult to find out what the  employer/insurer intends to do before they file their initial notice. The law  gives them 21 days to initially investigate and decide and up to 81 days to  investigate for ”new evidence.” Workers'’ comp insurance companies are very careful  about commencing benefits because it is expensive and time consuming for them to  cut you off once they start paying. It is easier and cheaper to deny the claim  first and ask questions later. You, however, do not have the time or the money  to wait them out. Action must be taken immediately to obtain the benefits and  medical care due you. Ginsberg Law Offices prides itself on timely and  appropriate action on behalf of our clients.

If my claim is accepted, how much will I  get each week?  Back to Top

If your claim is accepted and the insurance company acknowledges that you are  disabled, you will receive a weekly payment equal to two-thirds (2/3) of your  average weekly wage, with a maximum cap on those weekly benefits depending upon the date of your injury.

It is beyond the scope of this web page to discuss in detail how your average  weekly wage is calculated. There are a number of formulas to calculate your  average weekly wage if you are a new employee or if you recently took a  temporary change in your work hours. If you dispute the employer/insurer's average weekly wage calculation, a  hearing can be requested to have the issue decided by a judge.

Someone told me that if I am hurt on the job, my  employer gets to choose which doctor I can see. Is this true?  Back to Top

Under Georgia law, your employer has the first opportunity to control where  you receive medical treatment. As you might imagine, there are often disputes  between employers and employees over what constitutes proper medical care.

As noted above, in emergency situations, judges at the State Board of  Worker's Compensation will usually  uphold your right to seek emergency care. Once the emergency is over, however,  your employer has the right to dictate where you seek care.

Every employer with workers' comp  insurance is supposed to have a Posted panel of physicians from which you can choose a  doctor. Often these panels are pink in color and are printed on legal sized (8” x 14") cardboard paper (they do not  have to be pink or legal sized, however). A valid panel must contain the names,  addresses and phone numbers of at least six (6) unassociated medical providers  and one them must be an orthopedist.. It is NOT a valid panel if there are 6 clinics on the panel or 6 hospitals.  Some employers use what is called an MCO Panel - which is similar to an  HMO in terms of treatment choice.

In addition to posting six medical providers, your employer is required to  explain to you how the panel works.

If your employer's panel does not  meet requirements or if you were never explained how the panel works, your  employer, in theory, forfeits the right to control where you seek treatment, and  you can go to any doctor you wish and the insurance company must pay for the  treatment.

Obviously, control of your medical treatment is a very important issue and  your employer and its insurer will fight to prove that their panel was valid and  that it was explained to you. If you have the opportunity, we recommend that you  try to get a copy of your company's  posted panel (ask a friend to photocopy it or write down what it says). We have  been successful at hearings and won control of medical treatment for several  clients by showing the judge a copy of a bad posted panel. Unfortunately, we have also  seen several instances whereby companies correct deficiencies in their posted  panels after an job injury and lie about the timing and location of the  posting..

What if my employer tries to send me to one particular doctor from the  company panel. Do I have to go?  Back to Top

Under Georgia law, you are allowed to choose your doctor from the six  (or  more) doctors on the posted panel. If your employer tries to force you to go to  only one doctor, the employer is violating the workers' compensation rules. This is a situation  where it would benefit you to have a lawyer. Under the law, you can choose form  the panel and you are permitted one free change from one panel doctor to  another.

I went to my company’s doctor and he spent about five minutes  with me without telling me anything. The next thing I knew, my employer called  me to say that I had been released back to full duty work. I can barely move -  what should I do? Back to Top

In general, if you have a dispute with your employer and its insurer about  medical care, it is probably time to call a lawyer. At Ginsberg Law Offices, if  we feel that our clients are not getting useful, quality medical care, we will  file a Request for Change in Treating Physician and either negotiate, mediate or  litigate the issue on your behalf. Having been involved in the workers' comp system for over fourteen years, we are  able to offer our clients our opinions about various doctors that you will  likely see and make suggestions about whether to undertake the effort to get a  change in treating doctors.

My neighbor told me that he settled his workers'’ compensation case for $75,000. How do I  know how much my case is worth?  Back to Top

We feel that you should understand all of the consequences to settling your  case. We feel that as lawyers, we can be of most benefit to our clients by  advising them when is the best time to settle. If you settle your case too soon,  you may lose out on thousands of dollars of weekly wage benefits and you may  trade off your access to needed medical care. If you wait too late, your case  may lose its “uncertainty” value if the doctor returns you to  work.

You should also realize that some cases are worth more than others. Also, in  a comp case you are not going to be compensated for pain and suffering. Thus, an  injury that leaves a client with limited use of his right knee may be worth more  in settlement than a case in which a client underwent a painful spine surgery  and rehabilitation, but was left with no permanent impairment.

In no other area of the attorney-client relationship is trust more important  than at settlement time. Although workers' compensation lawyers are usually paid a  percentage of what they recover in settlement, it is absolutely wrong for a  lawyer to push a client to settle a case for any reason other than that the case  is ready to settle. At Ginsberg Law Offices, we encourage you to call us to get  the names of former and current clients who can serve as references for the way  we do business and treat our clients.

My doctor tells me that I may never be able to  go back to work and that I should apply for Social Security. Should I wait until  my workers'’ comp case settles before  applying for Social Security?  Back to Top

At Ginsberg Law Offices we handle both Workers' Compensation and Social Security Law and  can readily advise you on the best way to handle these claims since one an  affect the other. It is very important that your attorney understand both  aspects of the law. For more information about Social Security Disability  benefits, click here or call Jodi Ginsberg  (770-351-0801) or Jonathan Ginsberg (770-393-1470) for a free phone conference  about how Social Security can affect your workers' compensation benefits.

Six months before my accident, my spouse and I had to  file for Chapter 13 Bankruptcy. What effect will this have on my workers'’ compensation case?  Back to Top

It is very important for your workers' compensation lawyer to know about your  bankruptcy. If you were to authorize settlement and not advise your Chapter 13  Trustee, you could face penalties in bankruptcy court and you may have to pay  your portion of the settlement to the Trustee. Before settling your case, your  bankruptcy lawyer will have to file an application for settlement in Bankruptcy  Court to get approval to settle your case.

In addition, you may need to file a new budget with the Bankruptcy Court.  Sometimes you can get a reduction in your Chapter 13 Trustee payment.

Attorney Jonathan Ginsberg is an experienced bankruptcy lawyer with over ten  year's experience in both bankruptcy  and worker's compensation. Click here for more information about Chapter 7 and Chapter 13  Bankruptcy or call Jonathan at 770-393-1470.

What to keep in mind about back injuries  Back to Top

Statistics show that most workers' compensation claims arise from back injuries. Back injuries can occur from  lifting heavy objects, pushing, pulling, carrying things, or from falling off a  ladder or platform. Sometimes you may feel a ”pop” in your back; sometimes it may take days  or weeks after your accident or injury before your back really starts to  hurt.

Some of the most serious back injuries take days or weeks to start hurting -  don't think that your back problem is  not serious because your back did not start hurting right away.

The most common serious back problem we see involves damage to one more  discs. Discs are spongy cushions that separate your bony vertebrae and allow  your spine to bend.

One type of damage to your disc can be a disc bulge. This means that the  spongy disc material has been displaced and is pressing against some spinal  nerves. Bulging discs are often treated conservatively, with injections of pain  killers, physical therapy and rest. In some instances, your doctor may recommend  surgery to trim away the bulging disc material.

A more serious disc problem is called a ”herniated disc” (it is often abbreviated as an HNP in  medical reports). A herniated disc is usually more serious than a bulging disc  because it means that some of your disc material has been squeezed out of the  disc, resulting in direct pressure on the nerves of your spinal cord. Left  untreated, a seriously herniated disc can result in severe pain, numbness and  even permanent damage to your spinal cord. A classic sign of a herniated disc is  pain or numbness running from your back, through your hips and into one or both  legs. A herniated disc sometimes requires surgery to fuse your discs together. 

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 For more information about workers'  compensation in Georgia call or write
Jodi Brenner Ginsberg,  770-351-0801; P.O. Box 888868, Atlanta, GA 30356

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