GA Workers’ Comp: 3 Myths That Can Cost You

Navigating the intricacies of Georgia workers’ compensation can feel like wading through a swamp of misinformation. Are you confident you know your rights and obligations under the 2026 updates, especially if your business operates in Sandy Springs? Prepare to have some common myths debunked.

Myth #1: Workers’ Compensation Covers All Injuries, Regardless of Cause

This is simply untrue. The misconception is that any injury sustained by an employee is automatically covered by workers’ compensation.

The reality is much more nuanced. For an injury to qualify for workers’ compensation benefits in Georgia, it must arise out of and in the course of employment, per O.C.G.A. Section 34-9-1. This means the injury must be related to the job duties and occur while the employee is performing those duties. Injuries sustained during a commute, for example, are generally not covered unless the employee is traveling for work purposes. Similarly, injuries resulting from horseplay or violations of company policy may be denied.

We had a case last year in our Sandy Springs office where an employee was injured playing basketball during their lunch break on company property. The initial assumption was that it would be covered. However, because the activity was not part of their job description and was considered a voluntary recreational activity, the claim was initially denied. We had to fight to demonstrate that the employer implicitly encouraged such activities to get the claim approved.

Myth #2: Independent Contractors Are Always Covered by Workers’ Compensation

The belief that workers’ compensation extends to all individuals performing work for a company is a common misunderstanding. Many assume that if someone is doing work on behalf of a company, they are automatically covered.

The key here is the distinction between an employee and an independent contractor. Georgia law, like most states, differentiates between the two. Only employees are eligible for workers’ compensation benefits. Independent contractors are generally responsible for their own insurance coverage. The State Board of Workers’ Compensation provides guidelines on determining worker classification.

Whether someone is an employee or an independent contractor depends on several factors, including the level of control the company has over the work performed, who provides the tools and equipment, and how the worker is paid. Just because a company calls someone an independent contractor doesn’t make it so. Misclassifying employees as independent contractors is illegal and can result in significant penalties for the employer. I’ve seen companies near the GA 400 corridor get burned badly for this. You can learn more about employee misclassification and your rights.

Myth #3: You Can’t Choose Your Doctor Under Workers’ Compensation

Many injured workers believe they are stuck seeing a doctor chosen by their employer or the insurance company, perpetuating the myth that you have no control over your medical care.

This is not entirely accurate in Georgia. While the employer or insurer initially selects the authorized treating physician, you have the right to request a one-time change of physician from a list of doctors approved by the State Board of Workers’ Compensation. You can find more information about this process on the State Board of Workers’ Compensation website. The specific process is outlined in O.C.G.A. Section 34-9-201.

Here’s what nobody tells you: building a strong relationship with your authorized treating physician is crucial. A doctor who understands your job demands and is willing to advocate for your needs can make a significant difference in your recovery and the outcome of your claim. Also, be sure to check out our article on Independent Medical Examinations and your rights.

Myth #4: Filing a Workers’ Compensation Claim Will Get You Fired

This is a pervasive fear that prevents many injured workers from seeking the benefits they deserve. The myth is that employers can freely terminate employees who file workers’ compensation claims.

It is illegal in Georgia to retaliate against an employee for filing a workers’ compensation claim. While an employer can still terminate an employee for legitimate, non-retaliatory reasons (such as poor performance or company restructuring), firing someone because they filed a claim is against the law. If you believe you have been wrongfully terminated for filing a workers’ compensation claim, you should consult with an attorney immediately.

However, proving retaliatory discharge can be challenging. Employers are often careful to document other reasons for termination. That’s why it’s essential to keep meticulous records of all communications with your employer and any performance reviews. Remember, fight denials and get what you deserve.

Myth #5: You Can Receive Workers’ Compensation and Unemployment Benefits Simultaneously

The misconception here is that injured workers can “double dip” and collect both workers’ compensation and unemployment benefits at the same time.

In most cases, this is not possible. Workers’ compensation benefits are designed to replace lost wages due to a work-related injury. Unemployment benefits are intended for individuals who are out of work through no fault of their own and are actively seeking employment. Receiving both simultaneously would essentially mean you’re being compensated for both being unable to work due to an injury and being available and actively seeking work, which is contradictory.

There might be rare exceptions, such as if you are receiving only partial workers’ compensation benefits and are actively seeking part-time work within your medical restrictions. However, it’s crucial to disclose all sources of income to both the workers’ compensation insurer and the Georgia Department of Labor to avoid potential penalties or overpayment issues. A report by the Georgia Department of Labor indicates that improper payments of unemployment benefits are often linked to a lack of clear communication about other income sources.

Myth #6: The 2026 Workers’ Compensation COLA is the Same as the Previous Year

It’s tempting to assume that the yearly cost-of-living adjustment (COLA) for workers’ compensation benefits remains consistent. Many people believe that if the COLA was a certain percentage last year, it will be roughly the same this year.

This is incorrect. The COLA is calculated annually based on the statewide average weekly wage. According to the State Board of Workers’ Compensation, the 2026 COLA is 3.2%. This adjustment impacts the maximum and minimum weekly benefits payable for temporary total disability, temporary partial disability, and permanent partial disability. Failing to account for this adjustment can lead to inaccurate benefit calculations and potential disputes. We recently handled a case where a client near the intersection of Roswell Road and Abernathy Road was initially underpaid because the insurer hadn’t properly applied the 2026 COLA to their benefits. And as always, remember that you could be leaving money on the table.

A final thought: don’t underestimate the value of seeking legal counsel. The complexities of Georgia workers’ compensation law can be overwhelming, and a qualified attorney can help you navigate the system and protect your rights.

Don’t let misinformation dictate your next steps after a workplace injury. Take control of your situation: document everything meticulously and seek experienced legal guidance immediately to ensure your rights are protected under Georgia’s workers’ compensation laws.