Georgia Workers' Compensation FAQs

What benefits am I entitled to under Georgia Workers’ Compensation?

If you are injured on the job, you are entitled to receive medical, rehabilitation and income benefits in order to help you attempt to return to work. In addition, if an employee dies on the job or his or her death is related to an on-the-job injury, including death resulting from medical care rendered, the employee's dependents may also be entitled to death benefits.

Are there any up front costs to me for McAleer Tyrone to handle my workers’ compensation claim?

No, there are no up front costs for legal representation in a Georgia workers’ compensation claim. By statute, your attorney is allowed to recover 25% of any benefits they help you obtain or 25% of any settlement. If you do not get paid, your attorney does not get paid. In most cases, the only expenses which you would be likely to incur are litigation-related expenses like deposition fees and costs for obtaining your medical records, and while these expenses are usually extremely low, they can also be paid out of any settlement proceeds rather than out-of-pocket. When you hire The McAleer Law Firm, P.C. to handle your Georgia workers’ compensation claim, we will explain our fee agreement with you in detail and will answer any questions which you may have concerning our fees and any related expenses.

I am currently receiving weekly workers’ compensation checks and my employer wants me to be seen by their doctor. Do I have to be seen by my employer’s doctor?

In most cases, if you are currently receiving worker’s compensation benefits, the answer is yes. If your employer has met certain requirements, such as posting a valid panel list of authorized workers’ compensation doctors, you are required to cooperate with your employer in your medical treatment and care. While there are numerous exceptions to this requirement, and while you should discuss the status of your medical treatment and any concerns you have with your attorney, there are circumstances where the insurance company can suspend your workers’ compensation benefits if you refuse to cooperate with employer-provided medical treatment. Georgia workers’ compensation is extremely technical, however, and if your employer has failed to meet the strict requirements of the law concerning selection and notification for providing you an authorized doctor, then you may have the option to treating with any doctor of your choice. Issues related to selection of your doctor and your medical treatment should be discussed with your attorney to ensure that your rights are protected and also to ensure that your rights are fully protected.

My employer insists that I be seen by their doctor. Do I have to go to their doctor?

Your employer is required to post a list of at least six workers’ compensation doctors. You are allowed to select a doctor from this list, and will also be allowed to make one change to another doctor from this list without the permission of your employer. If you are required to undergo emergency treatment, however, you may seek reimbursement for this emergency treatment, but will in most cases be required to go back and continue to treat with your authorized workers’ compensation doctor once the emergency treatment is over. While these are the general requirements for selection of a doctor under Georgia workers’ compensation, however, there are numerous exceptions to these rules and if your employer fails to meet the strict requirements of Georgia law in providing you notice of the authorized doctors under workers’ compensation, then you may be entitled to treat with the doctor of your choice instead of with the doctor selected by your employer. This is a matter which you should discuss with your attorney to ensure that your employer has met the requirements of Georgia law.

If I do not receive benefits when due, will my employer be penalized?

Yes. If you do not receive benefits when due, your employer must pay a penalty, which will be added to your payments.