Important Information

If your claim has not been reported to the workers' compensation insurance carrier by your employer, then we will have to notify your employer to turn the claim over to the insurance company. This process will take about five to seven days to get your file started.

If your claim has been reported to the insurance company then we will need to send a letter of representation to the insurance company. This process will take about three to five days to set up your file.

If your claim is being denied, we will have to request a court hearing to go in front of a worker's compensation judge. Your hearing date will be set on the first available calendar date which is usually two to three months after they receive the request.

If your claim is denied and we are going to send you to a doctor, please allow two to three weeks for the appointment to be set.

Once your case is settled, the defense attorney will send us settlement (stipulation) papers that you will need to sign. After you sign them, the State Board of Workers' Compensation needs to approve the settlement before your check will be issued. The entire process usually takes about five to six weeks.

Please do not directly contact the insurance company, by law once you have hired an attorney they can no longer speak to you directly.

Once a settlement has been reached and we receive the check in our office, we will contact you immediately so that you can make arrangements to come to our office to sign the final documents. It is not necessary for you to call and check with us daily. However, if two weeks have passed and you have not heard from our office, then please call us. (We may have been trying to reach you, but have been unsuccessful.)

We understand that you are going through a rough time, and we will do our best to be as responsive as possible to your individual needs.

Helpful Guidelines to Weekly Benefit Checks:

  • When you are injured on the job and the doctor has taken you out of work for more than 7 days, you are entitled to weekly income benefit checks.
  • The amount you receive is 2/3rds of your average weekly wage before taxes, with a maximum of $425.00/week. Your average weekly wage is based upon the 13 weeks of gross pay prior to your injury date.
  • By Law, your weekly benefit check has to be mailed during the pay period the check covers. For example: Your pay period is May 1, 2003 to May 7, 2003. The check can be mailed on May 1, 2, 3, 4, 5, 6, or 7. If the check is not mailed during those dates then we will ask for the 15% penalty for the check being late.
  • Please save all check stubs, as we need the dates of your pay period to track all weekly benefit checks if they do not show up.
  • Please try to wait until the end of your pay period or at least 4 days after you would normally receive your check in the mail before you call our office.
  • Once you do call us and let us know what weekly benefit check did not arrive, then we will contact the worker' compensation insurance company to begin tracking the check.
  • If we have spoken to the claims adjuster and they gave us the date that the check was mailed on, we will have to wait 10 business days before they will issue a stop pay on the missing check and then re-issue the new check.
  • If we have not spoken to the adjuster and do not have a date the benefit checks were mailed out on. we will continue to call until we reach the adjuster or a customer service representative. If we cannot get in touch with either of them then we will call the adjuster's supervisor.
  • We will call you as soon as we have any information. Please remember it can take several days to reach the proper party who can help us track down your weekly check.

Frequently Asked Questions For Workers Comp

Q: If I get hurt on the job, what do I need to do?

A: An injured worker MUST report a work injury to their Employer within 30 days of being injured.

Q: Do I have a choice about the Doctor I go to see?

A: If you were injured on the job, and do not like the Workers' Compensation doctor you are seeing, you are entitled to a one time change of doctors on your Employer's list of WC doctors.

Q: What if I was fired from my job, but I’m still injured?

A: If you have been fired from the job that you were injured at, you will still have a good workers' compensation case against your former employer if you are still injured.  (In other words, your WC case is by no means over, just because you have been fired from that job).

Q: What happens if  my case was denied?

If your Workers' Compensation case is being denied in whole or even in part, contact the Law Office of Perry Ellis immediately.  (The longer you wait to pursue a case, the more difficult it can be to win)  DON'T DELAY!!

Q: When do I need to file a claim?

A: You MUST file a claim form (called a WC-14) with the State Board of Workers' Compensation within the following:  1) a year of when you were injured.  2) a year of when you started missing time from work as a result of your injury.  3) a year of when your employer last paid for your medical treatment.  Your employer or their insurance company will NOT file this form.  It is the injured workers responsibility to file a claim form in a timely manner.  We can walk you through this process!

Q: Why can’t I handle my Workers Comp case myself?

A: There are many rules, regulations and deadlines under the Georgia Workers' Compensation Act that a lay person would have no idea about. We KNOW what doctors you WANT to see for a WC injury, and what doctors you DO NOT WANT to see for a WC injury.

Do not try and "handle" a Workers' Compensation case yourself.  This could prove fatal to your potential case.  If you have been injured on the job, contact the Law Office of Perry Ellis sooner rather than later.  


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