Workers Compensation

Prior to the enactment of Georgia's original workers' compensation law in 1920, employees injured on the job had little recourse under the common law in recovering for their injuries. Common-law defenses of the employers, including assumption of the risk, contributory negligence, and the fellow-servant rule defeated most employee claims. In 1920, the employers lost those defenses to common-law actions, but they gained some limited liability from certain damages, such as pain and suffering. Employees lost their right to pursue their common-law claims against employers, but gained guaranteed income and medical benefits for work-related injuries that all employers who regularly employ three or more people must provide.

Every case is different and must be analyzed in light of its specific facts. Generally, if you are injured during the course and scope of your employment, you may be entitled to guaranteed income benefits and medical treatment paid for by the employer or their insurer. If you are totally disabled due to your injuries, you are entitled to income benefits after you have missed 5 work days. The amount of the benefits is set by statute and depends on other factors such as your average weekly wage and whether you are totally disabled form working. You may still be entitled to income benefits even if your doctor restricts you to part time work.

Medical benefits are paid by the employer, but you must go to the doctors listed on the panel of physicians, which should be posted in public at the jobsite. You are not necessarily restricted to seeing only the company doctors. There are other benefits and rights that you may be entitled to under the law. To learn more about your rights under Georgia's workers' compensation law, please contact us in metro Atlanta at 770-416-7700 or toll free at 877-263-8511 outside of metro Atlanta. You may also send us a request by filling out our Free Case Review .