Roswell Workers’ Comp: Are You Losing Benefits?

Navigating the world of workers’ compensation in Roswell, Georgia, can feel like wading through a swamp of misinformation. Many injured employees unknowingly forfeit their rights due to common misconceptions. Are you sure you know the truth about your eligibility and benefits?

Myth #1: I Can’t File a Workers’ Compensation Claim Because I Was Partially at Fault

This is a pervasive myth. Many people believe that if their own negligence contributed to the injury, they are automatically disqualified from receiving workers’ compensation benefits in Georgia. This simply isn’t true.

Under O.C.G.A. Section 34-9-17, even if you were partially at fault for the accident, you are still generally eligible for benefits. The key exception is willful misconduct. If your injury resulted from intentionally violating safety rules, being intoxicated, or engaging in horseplay, your claim could be denied. But mere carelessness? That usually doesn’t bar recovery.

I had a client last year who tripped and fell in the breakroom at their job near the Holcomb Bridge Road exit off GA-400. They admitted they were texting and not paying attention. The insurance company initially denied the claim, arguing negligence. We successfully appealed, proving that texting wasn’t a willful violation of company policy and that the breakroom had a history of uneven flooring. For more information about why claims are denied, see this article on Brookhaven claims.

Myth #2: I Have to See the Company Doctor for Treatment

This is another major misconception that can seriously impact your recovery. While your employer or their insurance company does have some say in your initial medical care, you are not always forced to see their chosen doctor.

In Georgia, the rules surrounding medical treatment in workers’ compensation cases are a bit nuanced. The insurance company can require you to treat with a doctor from their posted panel of physicians. This panel must contain at least six doctors, including an orthopedist. However, you have the right to make one change from that panel. Furthermore, if the employer doesn’t have a posted panel, you can select your own physician.

What nobody tells you is that navigating the panel of physicians and the one-time change rule can be tricky. It’s best to consult with an attorney to understand your options and ensure you receive appropriate medical care from a qualified physician. If you’re experiencing issues with getting proper medical care, contact the State Board of Workers’ Compensation. And if you need to find the right lawyer, do your research.

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

This is a significant fear for many employees, and understandably so. The thought of losing your job after being injured is terrifying. However, it’s generally illegal for an employer to retaliate against you for filing a legitimate workers’ compensation claim.

While Georgia is an “at-will” employment state (meaning an employer can generally terminate an employee for any non-discriminatory reason), firing someone specifically in retaliation for filing a workers’ compensation claim can be considered wrongful termination. It’s difficult to prove, but not impossible.

We had a case where a client who worked at a construction site near the Chattahoochee River filed a claim after injuring his back. Shortly after, he was fired for “poor performance,” despite having a stellar record. We were able to gather evidence showing a pattern of retaliatory behavior toward injured employees, ultimately leading to a favorable settlement. If you are in Alpharetta, it’s important to know your workers’ comp rights.

Here’s what nobody tells you: documentation is your best friend. Keep records of everything – doctor’s appointments, conversations with your employer, any changes in your work responsibilities after filing the claim.

Myth #4: I Only Get Paid While I’m Completely Unable to Work

While workers’ compensation does provide payments for total disability, it also covers situations where you can return to work in a limited capacity. This is known as temporary partial disability (TPD).

If your doctor releases you to return to work with restrictions (e.g., light duty), and your employer offers you a job that accommodates those restrictions, you are expected to take it. However, if the job pays less than your pre-injury wage, you are entitled to receive TPD benefits to make up a portion of the difference. These benefits are typically calculated as two-thirds of the difference between your average weekly wage before the injury and what you are currently earning. See O.C.G.A. Section 34-9-262 for the exact formula.

We recently helped a client who worked at a warehouse near Mansell Road. He injured his shoulder and was put on light duty, sorting packages instead of lifting heavy boxes. His pay was reduced. We helped him secure TPD benefits to cover the wage difference until he was fully recovered. To see if you are getting fair pay, consult with an attorney.

Myth #5: Workers’ Compensation Covers All My Losses

While workers’ compensation provides valuable benefits, it doesn’t cover everything. It primarily covers medical expenses and lost wages.

Specifically, Georgia workers’ compensation covers reasonable and necessary medical treatment related to your work injury. It also provides weekly payments to compensate for lost wages while you are unable to work. However, it generally does not cover things like pain and suffering, emotional distress, or punitive damages. Furthermore, the wage replacement benefits are typically only two-thirds of your average weekly wage, up to a statutory maximum set by the State Board of Workers’ Compensation each year.

Also, be aware that there are time limits for filing a claim. In Georgia, you generally have one year from the date of the accident to file a claim with the State Board of Workers’ Compensation. Missing this deadline could mean losing your right to benefits.

Many injured workers near Roswell are unaware of the full extent of their workers’ compensation rights under Georgia law. Don’t let misinformation jeopardize your ability to receive the benefits you deserve. Take the first step towards protecting yourself: consult with an experienced attorney who can evaluate your case and guide you through the process.