Workers’ compensation in Georgia provides benefits for injured workers while shielding employers from lawsuits. If you’ve been injured on the job, understanding your employer’s role in the workers’ compensation process is crucial.
Our Atlanta workers’ compensation lawyers are committed to helping injured workers navigate this complex system. Contact Workers Compensation Lawyer Coalition today for a free case review.
Is Your Employer Required to Have Workers’ Compensation Insurance?
With limited exceptions, employers with three or more regular employees must carry workers’ compensation insurance in Georgia. This includes part-time and seasonal workers who work regularly. Corporate officers and members of limited liability companies (LLCs) count towards the three-employee threshold, although they can choose to exempt themselves from coverage.
Employers must either purchase workers’ compensation insurance or qualify as self-insured. This coverage is crucial as it provides benefits to help injured workers cover necessary medical expenses and a portion of lost wages.
Georgia employers must inform employees about workers’ compensation coverage by posting notices in the workplace. These notices should include:
- A copy of the State Board of Workers’ Compensation (SBWC) Bill of Rights
- Contact information for the company’s insurance provider (or certificate of self-insurance)
- Names of a pre-approved panel of physicians
Resource: Workers’ Compensation Eligibility in Georgia
Employer’s Role in the Workers’ Compensation Process
When an employee gets injured on the job in Georgia, employers have specific responsibilities to ensure the workers’ compensation process goes smoothly. Let’s break down what employers need to do after a workplace injury.
Help Injured Workers Get Medical Care
In an emergency, an employer should call 911 and ensure the injured worker is taken to the hospital. For less severe injuries, employers should guide the worker to approved medical providers listed on the company’s panel of physicians.
This panel lists doctors the employer has chosen for treating workplace injuries. Employers should post this list in a place where employees can easily see it and explain how it works.
Report the Work Injury
Employers must report the injury to their workers’ compensation insurance company promptly. This involves filling out the Employer’s First Report of Injury or Occupational Disease (Form WC-1). If the injured employee misses more than seven days of work, the employer must inform the Georgia State Board of Workers’ Compensation within 21 days.
Cooperate With the Workers’ Comp Insurance Company
Helping the insurance company with their investigation is an important part of the employer’s role in the workers’ compensation process. This can include providing necessary documentation and records. Adjusters may also ask to talk with supervisors or coworkers about the workplace accident.
Accommodate Work Restrictions
An employee may be cleared for light-duty or modified work before they can return to their full duties. If your workers’ comp doctor sets restrictions, you must inform your employer as soon as possible.
Employers have a responsibility to accommodate these work restrictions if possible.
This might involve:
- Modifying the employee’s existing job to fit within their medical restrictions
- Finding alternative tasks or positions that the employee can safely perform
- Adjusting work schedules or environments to accommodate the employee’s needs
Workers must attempt to perform any light-duty job offered by the company. If you earn less money on light-duty work than before the accident, you may be entitled to temporary partial disability benefits.
If an employer can’t meet work restrictions, you can receive total temporary disability benefits.
Maintain a Safe Work Environment
One of an employer’s most important responsibilities is maintaining a safe work environment. This includes:
- Following Occupational Health and Safety Administration (OSHA) regulations
- Regularly assessing workplace hazards
- Providing necessary safety equipment and training
- Implementing and enforcing safety protocols
- Addressing safety concerns raised by employees promptly
Prioritizing workplace safety can reduce the risk of injuries happening in the first place.
What Is an Employer Not Allowed to Do After a Workplace Accident?
The law protects injured workers from retaliation and wrongful termination. If you are treated unfairly, talk to a workers’ compensation attorney to understand your rights.
Retaliation and Wrongful Termination
Georgia law prohibits employers from retaliating against employees for filing a workers’ compensation claim. This means employers cannot fire, demote, or otherwise penalize a worker for reporting a work-related injury or seeking workers’ compensation benefits.
Subtler examples of retaliation include assigning menial work or an undesirable shift to a worker as punishment.
Wrongful Termination
While Georgia is an at-will employment state, employers cannot terminate an employee solely because they filed a workers’ compensation claim or suffered a workplace injury.
Georgia law doesn’t require companies to hold your job while you are on workers’ compensation. If you work at a business covered by the Family Medical Leave Act, you may be entitled to up to 12 weeks of unpaid, job-protected leave for a serious health condition.
Forced Return to Work
Suppose your workers’ compensation doctor places you on work restrictions. If your employer offers light-duty work that meets these restrictions, you can’t reject it. However, an employer cannot force you to return to work against medical advice.
How We Help Injured Workers in Georgia
If you’ve been injured on the job, navigating the workers’ compensation process can feel overwhelming. The good news is you don’t have to face it alone. An experienced Atlanta workers’ compensation lawyer can help you at every step.
Contact us today for a free initial consultation.
Filing Your Workers’ Compensation Claim
Filing a workers’ compensation claim involves paperwork and strict deadlines. A workers’ compensation lawyer ensures your claim is filed correctly and on time, reducing the chances of delays or denials.
Disputes and Denied Claims
Insurance companies often prioritize their bottom line and may try to minimize your benefits or deny your claim. A workers’ compensation attorney can negotiate with insurance companies and represent you if your claim is denied.
Maximizing Your Benefits
Lawyers also help injured workers understand their rights. Many employees are unaware of the full range of benefits available, such as coverage for medical treatments, rehabilitation services, and temporary or permanent disability benefits. A skilled lawyer ensures you’re fully informed and fights for all the benefits you’re entitled to under the law.
Contact Our Atlanta Workers’ Compensation Lawyers Today
The workers’ compensation process can be stressful and confusing. The good news is you don’t have to face it alone. Our experienced Atlanta workers’ compensation lawyers are here to help you. If you have been hurt at work in Atlanta or anywhere in Georgia, contact us today for a free case review. Call 470-518-5026 or use our contact form to get started.
