GA Workers’ Comp: Don’t Lose Benefits Over These Myths

Navigating the workers’ compensation system in Atlanta, Georgia can feel like wading through a swamp of misinformation. Are you sure you know what you’re entitled to after a workplace injury?

## Myth 1: I Can Sue My Employer After a Workplace Injury.

This is a common misconception. Generally, workers’ compensation is designed to be a no-fault system. What does that mean? It means that in exchange for guaranteed benefits, employees typically cannot sue their employer for negligence in court. The idea is to provide quicker, more certain relief than a lawsuit, which can take years and have uncertain outcomes.

However, there are exceptions. If your employer intentionally caused your injury, or if a third party (someone other than your employer or a fellow employee) was responsible, you might have grounds for a lawsuit in addition to a workers’ compensation claim. For example, if you’re a delivery driver injured in a car accident caused by another driver, you can pursue a claim against that driver, even while receiving workers’ compensation benefits. I had a client last year who was injured when a faulty scaffold collapsed at a construction site near the intersection of Northside Drive and I-75. While he received workers’ compensation through his employer, we also pursued a third-party claim against the scaffolding manufacturer.

## Myth 2: I Have to See the Doctor My Employer Chooses.

This is partly true, but also misleading. In Georgia, O.C.G.A. Section 34-9-201 dictates that your employer does have the right to direct your initial medical care. However, they must provide you with a list of at least six doctors. You get to choose from that list. If your employer doesn’t provide a list, you can choose your own doctor.

Now, here’s what nobody tells you: sometimes, the list provided by your employer includes doctors who are known to be favorable to the employer. This can impact your treatment and the outcome of your case. If you’re not happy with the doctor you’ve chosen from the list, you can request a one-time change to another doctor on the list. If you want to see a doctor not on the list, you typically need approval from the State Board of Workers’ Compensation.

## Myth 3: I Can Be Fired for Filing a Workers’ Compensation Claim.

Firing an employee solely for filing a workers’ compensation claim is illegal retaliation under Georgia law. However, proving that the firing was because of the claim can be tricky. Employers are rarely going to admit that they fired you for filing a claim. They’ll usually come up with another reason, such as poor performance or restructuring.

Here’s the catch: if your employer had a legitimate, non-discriminatory reason for firing you, they are allowed to do so, even if you’re receiving workers’ compensation benefits. For example, if your company is downsizing and your position is eliminated, they can terminate your employment. However, they still have to continue paying your workers’ compensation benefits. If you believe you were fired in retaliation for filing a claim, consult with an attorney immediately. We had a case where an employee was fired shortly after filing a claim for a back injury sustained at a warehouse near Fulton Industrial Boulevard. The employer claimed it was due to “performance issues,” but the timing was suspicious, and we were able to negotiate a favorable settlement. Many people wonder, are you hiring the right lawyer? It’s an important question.

## Myth 4: Workers’ Compensation Covers All Injuries.

Not necessarily. Workers’ compensation only covers injuries that “arise out of and in the course of” employment. This means the injury must be related to your job duties and must have occurred while you were working.

For example, if you trip and fall in the parking lot on your way into work, that might be covered, depending on whether the parking lot is considered part of your employer’s premises. However, if you get injured playing on a company softball team after work hours, that probably won’t be covered, unless your employer sponsored or required the activity. Similarly, pre-existing conditions are generally not covered unless your work activities aggravated or accelerated the condition. If you already had a bad back and lifting boxes at work made it worse, that could be covered. A report by the Occupational Safety and Health Administration (OSHA) found that back injuries are one of the most common types of workplace injuries, costing businesses billions of dollars annually. Understanding GA Workers’ Comp: Sprains, Strains & Your Rights is crucial.

## Myth 5: I Don’t Need a Lawyer to File a Workers’ Compensation Claim.

While you can file a workers’ compensation claim on your own, it’s often beneficial to have legal representation, especially if your claim is denied or disputed. The workers’ compensation system can be complex, and insurance companies are not always on your side. They may try to minimize your benefits or deny your claim altogether. If you feel like you are settling for less, it may be time to seek counsel.

A lawyer can help you navigate the system, gather evidence to support your claim, negotiate with the insurance company, and represent you at hearings before the State Board of Workers’ Compensation. We recently handled a case where the insurance company initially denied a claim for a construction worker who fell from a roof in Buckhead. They argued that he was an independent contractor, not an employee. We were able to prove that he was an employee based on the level of control the company exerted over his work, and we ultimately secured a settlement that covered his medical expenses and lost wages. A study by the Workers Compensation Research Institute (WCRI) found that injured workers who are represented by attorneys often receive higher settlements than those who are not. Remember, it’s also crucial to report injuries ASAP or risk losing your benefits.

Don’t let misinformation prevent you from receiving the benefits you deserve. If you’ve been injured at work in Atlanta, understand your workers’ compensation rights and seek qualified legal advice. It could mean the difference between financial security and struggling to make ends meet while you recover.