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Georgia Worker’s Compensation

July 30th, 2006 Posted by Jane

I know that if a worker is injured on the job, they may receive medical rehabilitation and income benefits under the Georgia Worker’s Compensation law. These benefits are provided to help them return to work. Their dependents may also receive benefits if an employee dies as a result of a job-related injury.

Authorized doctor, hospital, rehabilitation, and prescription bills will be paid if injury was caused by an accident on the job. An employee is also entitled to weekly income benefits if they have more than seven days of lost time due to an injury, up to two-thirds of their regular weekly wage. When an employee is able to return to work, but can only get a lower paying job as a result of an injury, they are entitled to a weekly benefit of not more than $284 per week for no longer than 350 weeks.

In the event an employee dies as a result of an on-the-job accident, their dependents will receive burial expenses up to $7,500 and two-thirds of the worker’s average weekly wage. A widowed spouse with no children will be paid a maximum of $125,000.
In order to receive benefits, I know that there are rules employees must follow. They must:

Follow written rules of safety and other reasonable policies and procedures of the employer.
Report all accidents immediately to the employer, in writing if possible. The worker may lose the right to receive compensation if an accident is not reported within 30 days.
Cooperate with medical providers in the course of their treatment for work-related injuries.
Submit to a drug test. If an employee refuses, there is a presumption that the accident and injury were caused by alcohol or drugs.
Upon their return, an employee must attempt a job approved by the authorized treating physician even if the pay is lower than their previous job.

Employers also have responsibilities to follow. They must:

Post a list of at least six doctors or the name of the certified medical care provider, unless the Board has granted an exception. An employee may choose a doctor from the list and make one change to another doctor on the list without the permission of the employer.
Pay medical and rehabilitation expenses within the limits of the law. In some cases the employer will also pay a part of the worker’s lost wages.
Supply, free of charge, upon request, a form for reporting accidents and will also furnish, free of charge, information about workers’ compensation. The employer will also furnish to the employee, upon request, copies of board forms on file with the employer pertaining to an employee’s claim.
Post a notice of worker compensation rights in their place of business.

The Georgia Complete Labor Law poster is available detailing all the worker’s comepnsation laws as well as assisting compliance with the posting of all the Georgia labor laws.

I read that if an employee believes they have been denied workers compensation benefits, they must file a claim within one year after the date of the injury or last authorized medical treatment.

In cases of fraud, an employee can be charged with a misdemeanor, 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.