Rights and Responsibilities

Workers Compensation Rights and Responsibilities

You must report your work accident to your employer within thirty days of being injured.

The workers’ compensation insurance company has 21 days to review your claim and they may deny your claim. However, that does not mean that you do not have a good case, it just means you need to consult with an attorney to help you.

If you are hurt on the job it does not matter who was at fault for the injury, workers’ compensation is a no fault system.

Under state law, an employer is only required to have workers’ compensation insurance if they have three or more full time employees.

There is NO pain and suffering awarded for an on the job injury in Georgia. Workers’ Compensation is only required to pay medical expenses and income benefits (only if a physician says you can not work, or if you are on light duty and there is no light work available.) In addition you may be owed some additional money if you have a permanent injury.

If you have been terminated after being injured on the job, you still have a right to medical treatment and income benefits for your work injury, but you probably want to consult with an attorney.

Many workers’ compensation cases end with monetary settlements, but you usually want to be at maximum medical improvement (MMI) before you settle.

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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