Pursuing Justice For The Injured And Disabled Since 1992

Your Rights And Procedures After A Georgia Work Injury

A work injury can affect your health, your income and your ability to return to your job. Georgia workers’ compensation law provides certain benefits to eligible injured employees, but receiving those benefits may require you to follow specific procedures and deadlines.

At Skibiel Law, we help injured workers understand their post-injury rights and procedures and address problems that arise during a workers’ compensation claim. Knowing what is expected of you can also help you recognize when an employer or insurance carrier is not handling your claim properly.

Know What Georgia Workers’ Compensation May Provide

Depending on the circumstances of your claim, Georgia workers’ compensation may provide medical treatment and income benefits when a work injury prevents you from earning your usual wages.

Important injured worker rights may include the right to:

Receive authorized medical treatment for a covered work injury
Choose a doctor from your employer’s posted panel of physicians
Make one change to another doctor on the panel without prior approval
Receive eligible income benefits when an injury keeps you from working or limits what you can earn
Challenge a denied workers’ compensation claim
Have a workers’ compensation lawyer represent you

You also have responsibilities throughout the claim. Failing to follow required procedures can delay benefits or affect your ability to receive them.

Pay Close Attention To Deadlines And Claim Requirements

Report your injury to your employer as soon as possible. Under Georgia law, an injured employee generally must provide notice within 30 days of the injury.

Reporting an injury to your employer is not necessarily the same as filing a workers’ compensation claim with the State Board of Workers’ Compensation. In general, a claim must be filed within one year of the injury. Different deadlines can apply when an employer has provided medical treatment or the employee has received weekly income benefits.

You should also attend authorized medical appointments, follow your physician’s restrictions and keep copies of documents related to your injury and claim. Pay attention to forms and notices from the employer, insurer or state board because they may affect your benefits or require a response.

Watch For Problems That Could Affect Your Claim

A workers’ compensation claim does not always proceed smoothly. An injured employee may face pressure to return to work before feeling ready, disagreement over medical treatment, a reduction or suspension of benefits, or questions about whether available work complies with medical restrictions.

Keep records of communications with your employer and insurance adjuster. Save letters, emails, medical work restrictions and benefit notices. If an employer takes an adverse action after your injury or claim, document what occurred rather than assuming why the action was taken. Employment and workers’ compensation issues can involve different legal standards.

A workers’ compensation lawyer can review what happened and explain the options that may apply.

Find Guidance For The Issue Affecting Your Claim

Different problems can arise after a workplace injury, and each may involve different rights and procedures. These resources explain several common situations injured Georgia workers may face:

If several issues are affecting your claim at once, Skibiel Law can help you understand how they may interact.

Questions Injured Georgia Workers Often Have

Workers’ compensation procedures can become confusing once paperwork, medical treatment and benefit decisions begin to overlap. The answers below address several common questions injured employees may have as their claims move forward.

How long does my employer have to report my injury to their workers’ compensation insurance carrier?

An employer should complete its portion of Form WC-1 and send it to its insurance company or self-insured claims office promptly after learning about an injury. The insurer then has filing and notice obligations with the state board. Do not assume that your employer’s report alone protects every deadline that applies to you. Injured employees may still need to file Form WC-14 to protect their right to workers’ compensation benefits.

What should I do if my employer asks me to sign documents about my injury that I don’t understand?

Read any document carefully before signing it and ask what the document does. A workers’ compensation form can affect medical treatment, benefits or other parts of your claim. Keep a copy of anything you sign. If you do not understand the legal effect of a document, consider having a workers’ compensation attorney review it before you sign.

If my workers’ compensation benefits are stopped, how long do I have to appeal?

The deadline depends on what type of decision or notice you are challenging. For example, an appeal from an administrative law judge’s decision to the Appellate Division generally must be filed within 20 days after notice of the award. Other disputes involving suspended benefits may follow different procedures. Review any notice immediately because waiting can limit your options.

Can I be required to see the insurance company’s doctor for an independent medical examination?

In some circumstances, an employer or workers’ compensation insurer can require an injured employee to attend a medical examination. Failing to attend a properly requested examination can have consequences for a claim. An independent medical examination is different from an ordinary treatment with your authorized physician. If you receive an examination request and have concerns about it, a lawyer can review the request and explain your obligations.

If I settle my workers’ compensation claim, does that mean I can never seek additional benefits for this injury?

A settlement can close some or all parts of a workers’ compensation claim, depending on its terms. Once a settlement is approved by the state board and the claim is closed, you generally cannot simply return later and request benefits that you agreed to resolve. That makes it important to understand whether future medical care and other benefits are being closed before accepting a settlement. An attorney can explain what rights you would be giving up.

Get Help Protecting Your Workers’ Compensation Rights

At Skibiel Law, our attorneys have represented injured people for more than 30 years. Attorney Mark Skibiel previously represented insurance companies, giving him insight into how insurers evaluate and defend workers’ compensation claims.

Contact our office to schedule a free consultation and discuss your Georgia work injury and the procedures that may apply to your claim. Call us at 770-400-0963 or send us an email today.