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 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 upfront costs to me for McAleer 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. 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 McAleer Law to handle your workers’ compensation claim, we will explain our fee agreement with you in detail and will answer any questions you may have concerning our fees and any related expenses.
- 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 may also replace one doctor on the list with the physician of your choosing without the permission of your employer. You may seek reimbursement if you are required to undergo emergency treatment, but will in most cases be required to go back and continue treatment with your authorized workers’ compensation doctor once the emergency treatment is over. 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 treatment with the doctor of your choice instead of with the doctor selected by your employer. You should always issues related to your physician selection and medical treatment with your attorney to ensure that your rights are fully protected.
- If I do not receive workers' compensation 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.