A Summary of An Employee’s Obligations per the Georgia State Board of Workers’ (the “Board”) Compensation

June 10, 2018

June 7, 2018 (sbwc.georgia.gov).  According to the Georgia State Board of Workers’ Compensation under O.C.G.A. §35-9-81.1 and found at sbwc.georgia.gov, the following summarizes an employee’s obligations thereunder:

  1. You should follow written rules of safety and other reasonable policies and procedures of the employer. 
  2. You must report any accident immediately, but not later than 30 days after the accident, to your employer, your employer's representative, your foreman or immediate supervisor. Failure to do so may result in the loss of the benefits. 
  3. An employee has a continuing obligation to cooperate with medical providers in the course of their treatment for work related injuries. 
  4. No compensation shall be allowed for an injury or death due to the employee's willful misconduct. 
  5. You must notify the insurance carrier/employer of your address when you move to a new location. You should notify the insurance carrier/employer when you are able to return to full-time or part-time work and report the amount of your weekly earnings because you may be entitled to some income benefits even though you have returned to work 
  6. A dependent spouse of a deceased employee shall notify the insurance carrier/employer upon change of address or remarriage 
  7. You must attempt a job approved by the authorized treating physician even if the pay is lower than the job you had when you were injured. If you do not attempt the job, your benefits may be suspended 
  8. If you believe you are due benefits and your insurance carrier/employer denies these benefits, you must file a claim within one year after the date of last authorized medical treatment or within two years of your last payment of weekly benefits or you will lose your right to these benefits. 
  9. If your dependent(s) do not receive allowable benefit payments, the dependent(s) must file a claim with the State Board of Workers' Compensation within one year after your death or lose the right to these benefits. 
  10. Any request for reimbursement to you for mileage or other expenses related to medical care must be submitted to the insurance carrier/employer within one year of the date the expense was incurred. 
  11. If an employee unjustifiably refuses to submit to a drug test following an on-the-job injury, there shall be a presumption that the accident and injury were caused by alcohol or drugs. If the presumption is not overcome by other evidence, any claim for workers' compensation benefits would be denied. 
  12. You shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $10,000.00 or imprisonment, up to 12 months, or both, for making false or misleading statements when claiming benefits. Also, any false statements or false evidence given under oath during the course of any administrative or appellate division hearing is perjury.

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Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.