Workers’ Compensation law in Georgia is a tricky and specialized area of the law and an experienced attorney can help preserve evidence, find doctors to assist you in your case and fight to get the benefits to which you may be entitled. We have over 16 years of experience and have worked both sides of the fence.

An attorney will assist you if your claim is denied.

An employee who has a work injury is entitled to a determination of their claim from the employer or insurance company within twenty-one (21) days that explains the Employer’s position on acceptance or denial of your claim. On occasion, the insurance company may not admit or deny your claim in this time period. If this happens, an attorney can assist by filing a “Motion to Compel” the insurance company to promptly admit or deny your right to benefits under the Georgia Workers’ Compensation Act. If the claim is denied, you have the right to request a hearing before a judge for the Georgia State Board of Workers’ Compensation. When a hearing has been requested, the State Board may order that the parties attend a mediation and attempt to settle the claim prior to a hearing.

Chances are that the insurance adjuster handling your case will, at least, consult an attorney

You should do the same thing. Workers’ Compensation law in Georgia is a very complicated and specialized area of the law and an experienced attorney can help preserve evidence, obtain photographs of the accident scene and find experts to assist you in the prosecution of your case. A person who is injured on the job in Georgia has the right to enforce his employer’s liability under the Georgia Workers Compensation Act through appropriate proceedings, motions and hearings against the insurance company. An Attorney can assist you with this process.

An Attorney can assist in making sure that you are getting the correct medical treatment.

If your treating physician (or company doctor in most cases) is not cooperative or you feel that you are not getting the treatment you need or if the doctor seems to be in your employer’s corner, an attorney can assist you in changing physicians and ensuring that you are getting proper medical attention. Sometimes, a motion must be filed with the State Board and an attorney can assist with this process. It is the State Board, not the insurance company, that has the final word on medical care.

An Attorney can advise you through the investigation process.

Before the insurance companies pay workers’ compensation benefits, they will want to make sure that your injury actually happened at work. For you to be entitled to benefits; the injury must have been one “by accident” and it must have occurred “in the course and scope of employment”. An insurance adjuster may contact you and ask to take a recorded statement. The adjuster will ask you questions that are designed to obtain an answer which gives them the ability to deny your case. An attorney can help you through this process and an attorney can be present for the recorded statement to make sure that your rights are being protected. If you do not yet have an attorney, do not give a recorded statement until you are represented by an attorney.

Michael

NOTE OUR NEW ADDRESS BELOW:

J. Michael Parsons, Esq.
Parsons & Associates, P.C.
307 14th Street, N.W.
Atlanta, Georgia 30318

(770) 422-9000 (phone)
(770) 422-9005 (fax)

Savannah Office:

300 Drayton Street
Savannah, Georgia 31401

(912) 650-3993 (phone)

There are several ways to get your own doctor without having to first see a company doctor!!

What if there is not a Panel of Physicians?

By law, you have the right to treat with any doctor you choose at the Employer’s expense if the Employer does not post a Panel of Physicians. You should take a photograph of the area in which legal notices are posted at your job site to verify that no panel exists. Also, if a panel exists but it does not comply with the law, for example, if it has less than 6 doctors, it is treated as if there is no panel of physicians at all .

Is my Employer required to explain the Panel of Physicians and other procedures to me?

Yes but they hardly ever do. Of course, in court, they will lie and say that they explained the panel and gave you a choice of doctors to choose from. In order for the Panel of Physicians’ rule to apply, not only does a Panel have to be posted but the Employer must take reasonable steps to insure that the Employees know the function of the panel and how properly to obtain medical care and treatment. If we have pictures that no panel exists or is invalid or the company did not explain the panel, then you likely will be able to see any doctor of your own choosing. This is very powerful because choosing the right doctor has a lot to do with the care and attention you receive and ultimately, how much your case is worth.

What happens when you get the medical bills but you are on workers compensation?

What should I do if a medical bill is sent to me?

If you are represented, send it to your attorney immediately. If not represented, contact the medical provider and give them the workers’ compensation claim information. Finally, it is advisable to write the medical provider and put them on formal notice that the bill is for a workers’ compensation injury. Give them the name and address of the insurance adjuster as well as your claim number.

Is the Employer or Insurer required to pay my medical bills regardless of how much they are?

No. There are numerous restrictions as to the Employer’s/Insurer’s liability for medical expenses. First, in an accepted claim, the medical bill must be from an authorized treating physician. Secondly, it must be reasonably necessary to effect a cure, return the Employee to suitable employment or relieve pain in order to be covered. Finally, if both of the preceding requirements are meet, the Insurer has the right to reduce the amount of the bill by the Workers’ Compensation Fee Schedule.

Does Fault Matter in Workers Comp Claims?

Does my injury have to be my employer’s fault ?

No.Under Georgia law, you are entitled to benefits even if the injury was not the fault of your employer. In fact, under most circumstances, you are entitled to benefits even if you are injured as a result of your own negligence or, in other words, even if it was your fault.  If I accidentally hurt myself, is that covered? Yes. However, there are exceptions in certain situations such as failure to use safety appliances or devices when available or required or injuries which result from the use of alcohol or illegal drugs.  Need help with your Georgia workers comp claim, please call the Atlanta and  Savannah workers comp lawyers at 770-422-9000 (Atlanta) or 912-650-3993 (Savannah).

On this page, you can read about Georgia Worker’s Compensation Laws and how they may affect your case. We will keep the blog updated with any new cases that are relevant to worker’s compensation cases in Georgia.

First and foremost, however, I want our readers to understand that there are several things injured workers can do to their case before any lawyer gets involved that can ruin or destroy a perfectly legitimate claim. Here goes:

5 Ways to Kill your Workers Comp Case

1. Don’t Report the injury.

Insurance companies love it when you don’t report the injury at work. It lets them question whether the injury even happened, or whether it happened at work. And it lets them delay your workers comp benefits and medical treatment while they investigate the claim. If you get hurt at work, tell a supervisor. If your company has an incident or accident report, fill it out and give it to them – and make sure to get a copy.

2.  Rely on your employer to “take care of you.”

Workers compensation is about protecting your future rights – your ability to earn a living for your family and get the medical treatment you need for your injuries. Even well meaning employers don’t know the ins and outs of workers compensation laws – and can kill your case (if you let them) by not filing the proper forms for you or giving you well meant, but wrong, advice. And most companies have a large workers compensation insurance company your case is turned over to – that insurance company has no duty to you.

3.  Don’t tell your doctor you got hurt on the job.

Many people go to the emergency room and tell the doctor “I hurt my back” or “I fell and hurt my knee” – and that helps the doctor diagnose the injury. But if it happened at work, say so. Tell the doctor, nurse, or anyone taking a history that you hurt your back lifting a generator at work or slipped on grease changing a bus tire at work and banged your knee. Be specific. It will save time and expense. When insurance companies get medical reports that don’t indicate you told the doctor you got hurt at work, they delay (or in some cases deny) claims.

4. Go to the employer’s “work injury clinic”(Concentra, Choice Care etc…)

You get hurt on the job and report it to your supervisor – so far so good. But the foreman says, “we have a company doctor (or a workers comp doctor, or a worker’s clinic) and you have to go see that doctor. Everyone hurt on the job goes to this clinic. Its free. Its convenient. Forget it. Every injured worker is entitled to proper medical care from an appropriate specialist. In Georgia, you have the right to select at least two physicians from the employer’s posted panel of physicians. This panel should be located in the break room or you may request it from Human Resources or your supervisor. If they claim they don’t have one, tell them you know you have the legal right to select a physician from the panel. If they still do not provide the panel, you can choose your own physician. Choose a physician who will have your best interests at heart – not one who relies on insurance companies to send him patients. Or contact us to help you choose a doctor. We know the reputation of just about every doctor and clinic in the State of Georgia.

5. Don’t file forms with the Georgia State Board of Workers Compensation

Maybe the insurance company is paying your benefits and medical treatment. You reported it to your supervisor and they said they’d take care of it – maybe you even signed some forms. Not good enough. Injured workers or their attorneys must file their claims with the State Board of Workers Compensation within specified time frames to protect your legal rights.