The Georgia workers’ compensation system allows for an injured employee to receive medical care and a portion of their wage for time missed from work due to work-related injury. With some notable exceptions, the Georgia Workers’ Compensation Act does not consider the negligence of the employee surrounding an injury. The same applies for the employer. The Exclusive Remedy Provisions of the Workers’ Compensation Act prohibits the injured employee from suing the employer in civil court for a work-related injury and their recovery is limited to the benefits provided under the Workers’ Compensation Act. Therefore, the employee is not allowed to recover for pain and suffering, loss of consortium, or emotional distress, nor is the employee entitled to a jury trial. Instead, if necessary, the employee’s case will be heard by an administrative law judge who has extensive experience and expertise in Georgia workers’ compensation law. Likewise, the possible negligence of the employer is irrelevant. Finally, the employee’s medical treatment is limited to all reasonable and necessary treatment and services provided by a licensed physician which shall be reasonably required and appear likely to effect a cure, give relief or restore the employee to suitable employment. The Georgia Workers’ Compensation Fee Schedule is utilized to review medical bills resulting in significant savings to the employer. All medical care under the Act is less than what you would pay if an injured employee was sent to a hospital without workers’ compensation insurance. For example, an x-ray can cost over $100 to a self-pay patient, but under the fee schedule, it only costs $65.

If you regularly employ three or more persons, part-time or full-time, you are required to provide workers’ compensation insurance. There are fines and penalties that may apply if you fail to provide workers’ compensation insurance. However, if your employees are farm laborers, then may you be exempt from providing workers’ compensation insurance. A farmer does have the option to buy workers’ compensation insurance to cover his or her employees, but is not required to do so under the Act.

Absolutely. You want them to know you have it and remind them of it regularly. Safety meetings are a great opportunity to discuss workers’ compensation issues. Make sure that you tell your employees to report each/every injury, no matter how small, to their supervisor or other designated agent as soon as it happens. Have the employee sign and date a brief statement describing how the injury occurred. Provide them with a copy of the Panel of Physicians, and let them select a physician by circling their choice, initialing and dating the form. Explain to them how workers’ compensation works. If you do not know how it works, call your workers’ compensation insurance provider or us, and we will gladly explain it.

The Posted Panel of Physicians has historically been printed on a pink background under the theory that this promotes visibility and attracts the attention of employees. Any color of paper is fine so long as it is not black unless you want a fiasco like the Central Intelligence Agency faced.

The Panel of Physicians requires at least 6 health care providers to be listed, though there are some additional requirements and technicalities. Often, your insurance provider will provide you with a valid panel to display at your business. We recommend that you display multiple copies and include 8 or 9 individual physicians rather than the minimum 6 to make sure it remains valid if one physician moves their location or decides to stop treating work-related injuries.

Item descriptionCongratulations, you likely have an injured employee. Once you know, or should have known, about an accident, either through the employee reporting it or some other channel of information, you are responsible for gathering the information necessary to complete a form WC-1. This form is the Employer’s First Report of Injury. As such, you need to include the employee’s name, address, date of hire, position, county of injury, injured body part(s), current wage rate, and accident information on the WC-1. You should immediately report the accident to your insurer. Your workers’ compensation insurance provider will often obtain this information from you and actually complete the form, but it helps if you use the form as a template. It can be found here: http://sbwc.georgia.gov/board-forms/

First, call and check on the employee. See how they are doing. Send flowers if they are in the hospital. Let them know you are concerned about them. Reaching out to the injured employee can often make a positive difference in a claim. We do not want an employee feeling they are neglected or forgotten. Second, make sure you have completed a WC-1 and that the employee selects a doctor from the Panel of Physicians.

Third, make sure you have notified your insurance provider and given them all of the information they need. Fourth, know that the employee will receive medical benefits immediately and that income benefits will be commenced if the employee misses 7 days or more of work after his or her accident. Finally, do everything in your power to find suitable light duty work which accommodates the worker’s restrictions. Provide this information to your insurer. Do not terminate the employee because of the injury or missed time!

If the employee has returned in his or her regular position and is earning his or her regular wage, then you do not have much to do. Document any complaints they may have and do whatever you can within reason to ease them back into work, especially if they have been out for a while.

If the employee has been released to return to work with restrictions from his or her authorized treating physician (selected from your valid panel), then try to accommodate the restrictions and allow the employee to return to work. If he or she is restricted from lifting anything over 10 pounds, make sure that they do not lift anything over 10 pounds. If they need to sit for 10 minutes per hour or change positions, make sure they do it. Document any complaints. Most importantly, document any reason why the employee misses work, leaves early or fails to do their tasks.

If your employee has any other accident, or injury or stops coming to work, contact your insurance provider for further guidance.

See if you know the answer to the following frequently asked questions: if an undocumented worker is injured on the job, is he entitled to receive workers’ compensation benefits? If a worker is injured while driving a company vehicle due to another person running a stop sign, can you recover against the other driver for workers’ compensation benefits? (Answers below).

Not sure? Don’t panic. Workers’ compensation claims can get complicated and involve many issues. This is why the Wallace Law Group is here; : for you. We have almost 25 years of experience in successfully defending workers’ compensation claims throughout south and middle Georgia. We zealously represent our clients in defending workers’ compensation claims.

(Answers: Yes and Yes).