FAQs about Workers’ Compensation

What is workers’ compensation?

Employers pay for accident insurance–workers’ compensation–which may provide the company’s employees with benefits to assist with recovering from on-the-job injury (medical, rehabilitation, and income compensation).

What benefits am I entitled to if I am injured on the job?

If the injury or illness is attributed to the job, you may be entitled to medical care for the injury, compensation for lost wages, and rehabilitation. If the accident results in an employee’s death, the employee’s dependents will receive monetary compensation.

When should I expect my first check after filing workers’ compensation?

If disability is the result of on-the-job injury, you should expect the first check within twenty-one days after your first missed day of work. However, in order to receive a weekly disability check, an authorized physician must place you under work restrictions saying you cannot work at all or that you can work subject to some physical limitations that your employer cannot accommodate by offering you a lighter-duty job. The rules regarding this are complicated, so speak with an attorney about your particular situation to understand how the rules apply to you.

Is it possible to get unemployment insurance and workers’ compensation at the same time?

This is not possible. If you receive unemployment benefits for x number of weeks, you forfeit those weeks of workers’ compensation.

What should I do if I am not receiving my workers’ compensation benefits?

Speak with an attorney. There are complex rules governing when you must give notice to your employer of the injury, and when you must file a claim with the State. An attorney can look at your particular facts and circumstances and advise you of your rights and remedies.

If I file a workers’ compensation claim, can I be fired?

In the state of Georgia, you can be fired for any reason unless you have a contract or are a victim of some form of discrimination. However, being fired does not end your workers’ compensation case – in many instances, it makes your case stronger. If this is your situation, it is best to seek an attorney’s guidance to properly navigate you through the process.

Can I still file for workers’ compensation even if I was at fault?

Generally yes – even if you made an honest mistake while performing your job and caused an injury to yourself, you can still file for workers’ compensation benefits. However, you may not receive benefits if you intentionally disregarded safety protocol or if you were under the influence of drugs or alcohol. There are limitations in place by the law and it is best to speak with a workers’ compensation attorney about your particular facts and circumstances.

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