Top Workers’ Compensation Law Firm in Carrollton, Georgia

In Georgia, most employers are legally required to carry workers’ compensation insurance. If a business has 3 or more employees, including part-time workers, it typically must provide this coverage. This rule applies to nearly all industries, though there are a few types of workers that are exempt from workers’ comp in Georgia, including:

• Independent contractors are generally not covered unless they are misclassified.
• Railroad workers, farm laborers, and domestic workers in private homes typically don’t qualify.
• Certain sole proprietors or partners can also opt out of coverage for themselves.

To qualify for workers’ compensation benefits, your injury, illness, or disease must be work-related. That means it must have occurred while you were performing job duties or as a direct result of your work environment.

This includes injuries from sudden accidents—like a fall from a roof or a car accident while driving for work—and occupational diseases and illnesses that develop over time, such as repetitive strain injuries, lead poisoning, and chronic pain syndrome (CPS).

The good news is that you don’t need to prove anyone was at fault to qualify for benefits.

Workers’ compensation in Georgia is a no-fault system, which means you’re eligible for coverage even if your employer didn’t do anything wrong—or even if you made a mistake—so long as the injury happened within the course and scope of your job.

In Carrollton and throughout Georgia, you may be entitled to a few different types of workers’ compensation benefits after an injury at work. They include the following.

Workers’ compensation covers all authorized medical treatments related to your work injury or disease. This includes:

• Doctor visits
• Hospital stays
• Surgeries
• Physical therapy
• Prescriptions
• Medical supplies and equipment
• Necessary travel expenses for medical care

These benefits are typically available for up to 400 weeks, but workers who suffer catastrophic injuries may qualify for medical benefits for life.

Wage loss benefits

If your injury prevents you from working during your recovery, you may be eligible for indemnity benefits, which include:

• Temporary total disability (TTD). If you’re completely unable to work, you can receive two-thirds of your average weekly wage, up to a maximum amount set annually, which is $800 per week for injuries occurring on or after July 1, 2023. These benefits can continue for up to 400 weeks.
• Temporary partial disability (TPD). If you can return to work but at a reduced capacity or lower-paying position, you may receive two-thirds of the difference between your pre-injury and post-injury wages. The maximum amount you can receive in TPD benefits as of 2023 is $533.33 per week, for up to 350 weeks.
• Permanent partial disability (PPD). If you sustain a permanent impairment, you may be entitled to benefits based on the severity of the impairment and the affected body part, as determined by your authorized treating physician.

In some cases, workers who suffer permanent total disabilities that leave them unable to work in any capacity may be eligible for lifetime wage replacement benefits.

Vocational rehabilitation

For catastrophic injuries that prevent you from returning to your previous employment, workers’ compensation may provide vocational rehabilitation benefits. These services aim to help you acquire new skills or find suitable employment within your physical capabilities.

Death benefits

If a worker dies due to a job-related injury or illness, their dependents may be eligible for the following death benefits:

• Weekly benefits. Dependents can receive two-thirds of the deceased worker’s average weekly wage, up to a maximum that changes annually.
• Funeral expenses. Workers’ compensation will cover funeral and burial expenses up to $7,500.

Please be aware that workers’ comp benefits are negotiable, so be sure you understand how much your claim is worth before accepting a settlement offer from the insurance company.

There are certain steps injured workers need to take to file a workers’ compensation claim in Georgia and receive benefits. They include:

1. Report the injury promptly. Georgia law requires that you report the injury within 30 days of the incident or diagnosis of the occupational disease. While verbal notification is acceptable, providing written notice creates a clear record, which can be beneficial if disputes arise later.
2. Seek medical attention from an authorized provider. Your employer should provide a list of authorized physicians, known as a “panel of physicians.” You must choose a doctor from this list for your treatment to be covered under workers’ compensation. In emergency situations, you can seek immediate care from any provider, but follow-up treatment should be with an authorized physician.
3. Complete and submit Form WC-14. To officially file your claim, complete Form WC-14, which is the “Notice of Claim.” After filling it out, submit the form to the Georgia State Board of Workers’ Compensation and send copies to your employer and their workers’ compensation insurance carrier.

After submitting your claim, the insurance company has 21 days to investigate and respond. If your claim is approved, you should begin receiving benefits. If your claim is denied, you have the right to appeal and request a hearing before the State Board of Workers’ Compensation.

If you need assistance or have questions about your claim, consider consulting an experienced Carrollton work injury compensation lawyer to guide you through the process.