Common Questions about Workers' Compensation Claims in Georgia

When an employee is injured by heavy machinery or in a fall on a construction site, the Georgia workers' compensation system generally provides the exclusive remedy for on-the-job injuries.  Although workers' compensation can provide medical care, partial wage replacement, compensation for permanent disability (partial or total) and certain other benefits depending on the circumstances. Sometimes, if a worker’s on-the-job injury can be attributed to a third-party, such as in an auto accident, a personal injury claim can be pursued against the third party, even while also receiving workers’ compensation benefits. Our personal injury lawyers at Montlick and Associates often pursue both a workers'compensation claim against an injured workers' employer and a personal injury action against a third party when seeking the fullest recovery for our clients.  

Can I be fired from my job if a file a workers' compensation claim?

Most states have laws that protect employees through whistleblower statutes and related laws that prohibit retaliatory firings, this does not mean that an employer will not look for a reason to justify such an action.  While you also might have a right to file a wrongful termination lawsuit, it can be difficult to prevail in this type of legal claim.  Because the legal and practical considerations that must be weighed when making a workers compensation claim are complicated, the best alternative is to seek legal advice as soon as possible if you are injured on-the-job.

Will my injuries be covered by workers' compensation benefits if I am involved in an auto accident while driving home from my workplace?

As a general rule, commutes to and from the office, workplace or worksite are not covered by the workers' compensation system.  However, the situation is not always straightforward because employees often engage in work-related errands on the way to and from work.  Even if you are driving home from the office or a worksite, workers' compensation benefits might be available if you also were engaged in an employment-related task like making a deposit at the bank or picking up marketing material from the printer.

Will I be barred from recovering workers' compensation benefits if I accidently cause my own injury through negligence by failing to pay attention while driving a company vehicle to make a delivery?

The workers'compensation system is a “no fault” based system, so employee negligence usually will not impact your right to benefits.  Although there are some narrow circumstances that might make fault relevant depending on your state, such as intentional self-inflicted injuries or injuries caused by intoxication on the job, the right to benefits usually does not turn on the fault of the employee or employer.

Will my employer definitely have workers' compensation insurance?

Georgia law imposes a mandatory obligation on employers with three or more employees, which include both full-time and regular part-time employees, to carry workers' compensation coverage.  If you have questions about whether your employer has such insurance, you can confirm coverage by visiting the website www.sbwc.georgia.gov

Does workers' compensation pay for all medical expenses incurred for diagnosis and treatment of an on-the-job injury?

Generally, workers' compensation medical benefits include a broad range of medical services that include hospital expenses, doctor bills, prescriptions, travel expenses, physical therapy and more.  Medical benefits also may include vocational and medical rehabilitation services.  If you have questions about specific medical expenses, the best option is to consult with an experienced Atlanta workers' compensation attorney at Montlick & Associates.

What should I do if I cannot secure employment after suffering my work injury?

When you experience a catastrophic injury, you have a right to seek assistance in job placement or training for other employment.  If you need these services, you can contact the State Board of Workers' Compensation.

Can I obtain any benefits if my spouse died in a fatal Atlanta car accident while engaged in on-the-job deliveries?

Surviving dependents are entitled to 2/3 of a deceased family member’s average weekly wage up to a cap of $525.00 per week for deaths that occur on or after July 1, 2013.  Eligible dependents include a spouse, children and dependent step-children.  A surviving spouse without children can receive benefits up to a total cap of $150,000, but the payments terminate if the surviving spouse terminates or cohabitates in a meretricious relationship.

Must I retain an attorney to pursue a workers' compensation claim?

The answer to this question depends on your particular circumstances.  However, our workers’ compensation attorneys can provide free case review of your situation and advise you on what steps can be taken to protect your legal rights. We fight hard for our clients in an effort to maximize the value of their cases.

Put Our Law Firm's Over 39 Years Of Legal Experience To Work For Your Case!

If you or a loved one has been injured in any type of work-related accident, contact Montlick & Associates today for your free consultation with our experienced work injury attorneys in Georgia. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 39 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333