Advocating For Injured Workers In Atlanta

Being injured on the job can turn your life upside down. We understand, and we want to help. While you focus on your health and your family, let us handle your workers’ compensation claim.

At the Law Office of Perry Dean Ellis, P.C., we are in our third decade of helping injured people get the compensation and benefits they need and deserve after workplace injuries. Our attorneys can handle your work injury claim from start to finish and help find appropriate medical care for your specific injury.

For a free consultation on workers’ comp, contact us today at 404-692-7474. We advise and represent injured workers and their families in the Atlanta metro area and throughout Georgia.

Your Rights And Responsibilities After A Workplace Accident

The Georgia workers’ compensation system is very specific in its procedures. If you have been injured on the job, there are specific steps you have to take in order to maximize and receive workers’ comp benefits.

For example, you must report your injury to your employer within 30 days of being injured. Also, you should get medical treatment as soon as possible – not only for your health but also to start a medical trial of your injury. Our lawyers will help you find appropriate medical providers and treatment. In Georgia, your employer will provide you with a list of six doctors to choose from, all specialists. You can decide which doctor to see.

Workers’ compensation benefits cover medical expenses as well as lost income in the event that your injury disables you from working. Here are the three types of monetary benefits you could receive:

• TTD (Temporary Total Disability) Benefits – When you are completely unable to work at all.
• TPD (Temporary Partial Disability) Benefits – When you can only work light duty and are not making as much money as before your injury.
• PPD (Permanent Partial Disability) Benefits –After you have recovered from your injury but left with some permanent damage to your injured body part as a result.

For more information, please see our guide to weekly benefit checks. The amount you are entitled to depends on factors like whether you are entitled to partial disability benefits or permanent disability benefits, and your average weekly wage prior to the injury.

Keep in mind that it does not matter who was at fault for your injury; Georgia workers’ compensation is a no-fault system. If you have questions about the workers’ comp process, our Workers’ Compensation FAQ is an excellent resource.

Answering Your Frequently Asked Workers’ Comp Questions

To help you better understand your rights and the workers’ compensation process in Georgia, we’ve compiled answers to some of the most frequently asked questions we receive from our clients:

When do I need to file a workers’ compensation claim?

You must file a claim form (WC-14) with the State Board of Workers’ Compensation within one year of your injury, or within a year of when you started missing work due to the injury or within a year of when your employer last paid for your medical treatment. It’s important to note that neither your employer nor their insurance company will file this form for you. As your attorneys, we’ll file the claim form on your behalf as soon as you hire us to represent you.

What if I was fired from my job but I’m still injured?

If you’re still injured, you can still pursue a workers’ compensation case against your former employer, even if you’ve been fired. Your right to workers’ compensation benefits doesn’t end with your employment. However, it’s crucial to act quickly and seek legal representation to protect your rights in this situation.

Can I receive workers’ compensation for work-related mental health problems?

Yes, some mental conditions may qualify for workers’ comp benefits if they’re clearly linked to your employment. This can include anxiety disorders, depression or PTSD resulting from a workplace incident.

What happens if my claim was denied?

A denied claim isn’t the end of the road. Contact our law firm immediately; the longer you wait, the more difficult it can be to win your case. We can help you appeal the decision, gather additional evidence, and present a strong case to the State Board of Workers’ Compensation. Remember, many initially denied claims are later approved on appeal.

Do workers’ comp benefits cover pain and suffering?

Georgia workers’ compensation does not award payments for pain and suffering resulting from an on-the-job injury. It covers medical expenses and income benefits for lost wages.

Can I choose my own doctor for treatment?

If you don’t like the workers’ compensation doctor you’re seeing, you’re entitled to a one-time change of doctors on your employer’s list of workers’ comp medical providers.

Who pays for workers’ compensation?

Employers are responsible for paying workers’ comp benefits, typically through insurance policies. Payment disputes are often with the insurance company, not your employer directly.

Remember, every workers’ compensation case is unique. If you have further questions or need personalized legal advice, don’t hesitate to contact our experienced attorneys at the Law Office of Perry Dean Ellis, P.C..

Legal Guidance For Injured Students Working Seasonal And Temporary Jobs

Perhaps you are the parent of a college student who will be working a seasonal job during their break in the school year – or maybe your student is taking a “gap year” and plans to take temporary work until they save up a little money. Either way, make sure that your student knows how workers’ compensation benefits apply to their situation.

Far too many young people who get injured working seasonal and temporary jobs do not realize that they, too, are probably entitled to file a claim for workers’ compensation benefits. This includes:

• Landscaping jobs
• Garden center employees
• Warehouse workers
• Summer camp employees
• Carnival and waterpark workers
• Marina staff members
• Hotel and beach staff employees
• Caddy, pro shop assistants and groundskeepers at a golf course
• Ticket takers, ushers, concession stand workers
• Setup and teardown crews at concerts or fairs
• Summer retail associates
• Pool and lifeguard workers

There are a few exceptions, or coverage gaps, regarding workers’ comp benefits and seasonal or temporary workers. Certain agricultural workers are not covered, nor are domestic workers or those working for summer jobs with the state or federal government.

Anyone working as an independent contractor – meaning they are officially their own boss, not an employee – is also excluded from coverage. This means your student would not be entitled to workers’ comp if they are working as a delivery driver for DoorDash or UberEats and even many local restaurants, nor as a pet sitter, dog walker, private tutor or independent handyman services.

Given the devastating effect a seasonal workplace injury could have on a young person’s academic future, it is essential for students to go into a temporary position with a clear understanding of what benefits they are and are not entitled to pursue. If your student is injured on the job and you are uncertain whether they are eligible for workers’ comp, however, encourage them to seek legal guidance – rather than listening to anything their employer or others may say.

Failed Drug Tests And Workers’ Compensation

Your employer may require you to take a drug test after a workplace accident. Employers have eight hours under the law to test an injured employee for intoxication. If those eight hours pass, the burden is on the employer to prove you were intoxicated. If you test positive, the burden is on you to prove you were not impaired.

However, a positive test may not be the end of the line for your workers’ compensation case depending on the circumstances of your case. For example, if you are injured on the job and are treated for your injuries at the hospital with pain medications and test positive, they may deny your claim. Still, it could be easier to argue that you were not impaired at the time of your accident. Scenarios like these are why it is important to discuss whether a failed drug test will prevent you from collecting workers’ compensation, even after your claim was denied. Read more about failed drug tests and workers’ comp here.

An Injured Georgia Workers’ Right To Choose Their Own Workers’ Compensation Doctor

The relationship between a physician and patient is sacrosanct – but injured Georgia employees only have a certain amount of leeway when it comes to choosing the doctor who will treat them for their work-related injuries.

The Georgia State Board of Workers’ Compensation requires all employers to post a notice (in both English and Spanish) informing their workers of a “Panel of Physicians” that they must choose from to obtain medical care after a workplace injury. At a minimum:

• The list must be posted in a prominent place where it can be easily seen
• The list must include, at minimum, six physicians from six different medical practices
• At least one of the listed physicians must be from a minority group
• At least one orthopedic surgeon must be included on the list (and it is recommended that two orthopedic practices be represented so that injured workers can quickly obtain treatment)
• The Bill of Rights for the injured worker must be displayed alongside the list

It is essential to keep in mind, however, that injured workers are entitled to seek emergency care whenever necessary – without regard to their employer’s panel of physicians. Additionally, your employer may not dictate which physician you choose from the list they have provided. So, while your employer can limit your choices, they cannot fully control them – and you do not have to (and should not) listen if your employer tries to steer you to a specific doctor.

What If An Employer Does Not Have A Valid Panel Of Physicians?

If your employer does not have a panel of physicians displayed, the list is outdated or incomplete or there is any other flaw that invalidates the panel, that benefits you. You may then seek treatment from any physician you choose, without restriction – and your employer must cover the costs.

Other Important Information | What To Expect

• Under Georgia state law, an employer is only required to have workers’ compensation insurance if the employer has three or more full-time employees.
• If your claim has not been reported to the workers’ compensation insurance carrier by your employer, we will notify your employer to turn the claim into their WC insurance company. The process will take about five to seven days to get your case claim started.
• If your claim has been reported to the insurance company, we will need to send a letter of representation to the insurance company. This process will take about three to five days to set up your file.
• Please do not directly contact the insurance company. By law, once you have hired an attorney, the insurance company can no longer speak to you directly.
• If your claim has been wrongfully denied, we will request a court hearing in front of a workers’ compensation judge. Your hearing date will be set on the first available calendar date, which is usually two to three months after the court receives the request.

Once your case is settled, the insurance company’s attorney will send us settlement papers that you will need to sign. After you sign them, the State Board of Workers’ Compensation will need to approve the settlement before your check will be issued. The entire process usually takes about one month, give or take.

Once a settlement has been reached and we receive the check in our office, we will contact you immediately so that you can make arrangements to come to our office to sign the final documents and receive your money.

Get A Free Consultation | Contact Us

To arrange a free consultation, please call 404-692-7474 or send us an email. Our skilled lawyers and courteous, responsive staff are ready to help you. We advise and represent clients in Atlanta and throughout Georgia on workers’ comp law.

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