Georgia workers’ compensation claims are governed by specific provisions of Title 34, Chapter 9 of the Official Code of Georgia Annotated, along with rules and procedures established by the State Board of Workers’ Compensation.
For injured employees, these laws affect everything from whether an employer must carry workers’ compensation insurance to when an injury must be reported, what income benefits may be available, and what happens when a claim is disputed.
Understanding some of the key rules can help injured workers avoid mistakes during the claims process.
Who Is Covered by Georgia Workers’ Compensation?
Georgia generally requires businesses that regularly employ three or more people to provide workers’ compensation coverage. Regular full-time and part-time employees can count toward that threshold, as can seasonal employees in certain circumstances.
There are exceptions for some categories of employment, which makes determining whether coverage applies an important first step after a workplace injury.
Law firms that regularly handle workers’ compensation matters, including Albany-based Underwood Law, often encounter situations where injured workers are unsure whether their employer is covered or whether they qualify for benefits.
Reporting and Filing Deadlines Matter
Georgia workers’ compensation law contains several important deadlines.
An injured worker generally must report a workplace accident to the employer within 30 days. Reporting the injury, however, is not the same as formally filing a workers’ compensation claim with the State Board of Workers’ Compensation.
Generally, a claim must be filed within one year of the injury. Different time limits can apply when the worker has received authorized medical treatment or weekly income benefits related to the injury.
Because multiple deadlines can apply to the same case, waiting too long to take action can create unnecessary problems.
Understanding TTD, TPD, and PPD Benefits
Georgia law provides different categories of income benefits depending on how an injury affects a worker’s ability to earn wages.
Temporary Total Disability (TTD) benefits may apply when a compensable injury leaves an employee unable to work.
Temporary Partial Disability (TPD) benefits may apply when an employee can return to work but earns less because of injury-related restrictions.
Permanent Partial Disability (PPD) benefits address permanent impairment. The amount can depend on factors including the affected body part and the impairment rating assigned by an authorized physician.
For workers, the challenge is often not simply knowing that benefits exist, but determining which category applies and whether the payments being made accurately reflect their situation.
Returning to Work After an Injury
Returning to work can also create disputes.
Under Georgia law, an employer may offer light-duty work after an authorized treating physician releases an employee to work with restrictions. Specific procedures apply to these offers and to situations in which an employer seeks to suspend or modify income benefits.
A key question can be whether the job offered actually complies with the restrictions established by the worker’s treating physician.
Underwood Law, which represents injured workers in Albany and across Southwest Georgia, identifies return-to-work disputes as one of the issues that can complicate an otherwise straightforward workers’ compensation claim.
Catastrophic Injuries and Occupational Diseases
Georgia workers’ compensation law also contains special provisions for catastrophic injuries.
The statutory definition includes certain severe injuries, such as qualifying spinal cord injuries, amputations, serious brain injuries, severe burns, and blindness, as well as certain other injuries that satisfy the requirements established by Georgia law.
Occupational disease claims are different from ordinary workplace accidents because they involve diseases arising out of employment-related conditions or exposure. Different requirements and filing deadlines can apply to these cases.
When a Workplace Injury Results in Death
Georgia law also provides workers’ compensation benefits to qualifying dependents when an employee dies as a result of a compensable workplace injury.
Depending on the circumstances, benefits may include burial expenses and weekly payments to eligible dependents. The amount and duration of benefits can depend on factors including dependency status.
What Happens When a Claim Is Denied?
A denial does not necessarily end a workers’ compensation claim.
When benefits are disputed, a worker may request a hearing before an administrative law judge with the State Board of Workers’ Compensation. A party dissatisfied with the judge’s decision may seek review by the Board’s Appellate Division. Further judicial review may also be available through Georgia’s court system, subject to applicable procedural requirements and deadlines.
Underwood Law handles workers’ compensation matters involving denied claims, benefit disputes, medical-treatment issues, return-to-work questions, catastrophic injuries, and other challenges that can arise during the claims process.
For injured workers, understanding Georgia’s workers’ compensation codes is an important first step toward making informed decisions about medical treatment, employment, benefits, and the future of a claim.