Atlanta Workers’ Compensation Lawyer

Atlanta Workers’ Compensation Attorney

Have you or a loved one been injured on the job? Have you sustained a work related injury that hinders your off the job activities? If you answer yes to the above questions, Merritt & Merritt will assist you in getting the compensation you deserve for your injuries. Most employers are legally required to have workers’ compensation insurance. Workers’ compensation is insurance provided by employers that provides replacement or medical benefits to employees injured in the performance of their employment.

It is critical if you have been injured on the job due to negligence, recklessness, or a job-related accident to report the injury to your employer and immediately seek legal representation. At Merritt & Merritt, we have assisted thousands of Georgia residents in job related workers’ compensation cases for over 40 years.

If you or a loved one suffered an on the job injury, you may be entitled to compensation beyond what your employer provides. Contact our skilled attorneys to obtain the settlement and benefits you deserve.

Protect your rights.

We fully understand the challenges a workplace injury presents to you and your family. We know alerting an employer to an on the job injury sometimes results in termination or being passed over for promotion-we are here to inform you of your rights. Our attorneys will attentively listen first to fully gather the facts of your case and recommend a proper course of action.

We have solid relationships with doctors and other medical professionals that are able to administer the care you need, so you do not have to suffer pending the claim.

At Merritt & Merritt, we will ensure your rights are protected. Our legal staff is ready to assist you through your entire claim from start to finish. We know each and every case is unique, so we provide specialized care in meeting your needs so you are satisfied with the outcome.

Our practice is devoted to helping injured workers collect the compensation they deserve.

If you have further questions or need to discuss a potential claim, contact us at 404-975-1775 or via our free case review form.

Interesting Facts about Georgia Workers’ Compensation

1. No-Fault System: Georgia operates under a “no-fault” workers’ compensation system. This generally means that an employee can receive benefits for a work-related injury regardless of who was at fault (the employee or the employer), as long as the injury wasn’t caused by the employee’s willful misconduct, such as intoxication or fighting.   
2. Exclusive Remedy: Workers’ compensation is typically the “exclusive remedy” for an injured worker against their employer. This means that by receiving workers’ comp benefits, the employee usually gives up the right to sue their employer for the injury. However, it might still be possible to sue a negligent third party (someone other than the employer or a co-worker) who contributed to the injury.   
3. No Pain and Suffering Benefits: Workers’ compensation benefits in Georgia cover medical treatment costs and replace a portion of lost wages. They do not include compensation for pain and suffering or emotional distress.   
4. Employer Coverage Mandate: Most employers in Georgia with three or more employees (including full-time, part-time, and regular seasonal workers) are legally required to have workers’ compensation insurance. Failure to comply can lead to civil and even criminal penalties.   
5. Historical Context: The Georgia State Board of Workers’ Compensation (SBWC) was established back in 1920.Before this act, workers injured on the job had very limited options for receiving compensation or benefits from their employers.   
6. Funding Source: The workers’ compensation system in Georgia is not funded by taxpayer dollars. Instead, it’s funded through assessments paid by insurance companies and employers who self-insure.
7. Benefits After Termination: Because Georgia is an “at-will” employment state, an employer can often terminate an employee for various reasons. However, if an employee is receiving workers’ compensation benefits and is subsequently fired, they may still be entitled to continue receiving those benefits.

Frequently Asked Questions (FAQs) about Georgia Workers’ Compensation

Q: What is workers’ compensation?

A: It’s an insurance program paid for by employers. It provides benefits to employees who get injured or ill due to their job. These benefits typically cover medical care, rehabilitation services, and partial replacement of lost wages to help the employee recover and return to work.   

Q: Who is eligible for workers’ compensation?

A: Generally, you are eligible if:

• You are an employee (not typically an independent contractor, freelancer, or volunteer).
• Your employer has three or more employees regularly working for them.
• Your injury or illness arose out of and in the course of your employment (meaning it happened while you were doing your job duties).   
• Coverage generally starts from your first day on the job. Some types of workers, like federal employees, railroad workers, farm laborers, and domestic servants, are often exempt.   

Q: What types of benefits are available?

• Medical Benefits: Pays for authorized medical treatment related to the work injury, including doctor visits, hospital stays, surgery, prescriptions, physical therapy, necessary medical equipment, and required travel expenses for treatment. For injuries occurring on or after July 1, 2013, medical benefits generally last up to 400 weeks (lifetime coverage may apply for catastrophic injuries or injuries sustained before that date).   
• Income Benefits (Lost Wages):
  • Temporary Total Disability (TTD): If you cannot work for more than 7 days due to your injury, you receive two-thirds of your average weekly wage, up to a maximum limit ($800 per week for injuries on or after July 1, 2023). These benefits can last up to 400 weeks for non-catastrophic injuries, or potentially for life if the injury is deemed catastrophic.
  • Temporary Partial Disability (TPD): If you can return to work but earn less than before your injury (e.g., light duty), you receive two-thirds of the difference between your pre-injury average weekly wage and your current earnings, up to a maximum limit ($533 per week for injuries on or after July 1, 2023). These benefits last for a maximum of 350 weeks from the date of injury.   
  • Permanent Partial Disability (PPD): If your injury results in a permanent impairment (like loss of use of a body part), you receive benefits based on the impairment rating assigned by your doctor, even if you return to work. The amount and duration depend on the body part affected and the severity, according to a schedule set by law.
  • Permanent Total Disability (PTD): For very severe, catastrophic injuries resulting in permanent inability to work (e.g., paralysis, loss of multiple limbs, total blindness), lifetime weekly benefits may be available.   
• Death Benefits: If a worker dies from a job-related injury, their eligible dependents (spouse, children) can receive two-thirds of the worker’s average weekly wage (up to the maximum TTD rate) plus up to $7,500 for funeral expenses.   

Q: What should I do if I get injured at work?

A: Report the injury to your employer (supervisor, manager, etc.) immediately, or as soon as possible. You must report it within 30 days, or you risk losing your right to benefits.Seek necessary medical attention from an authorized physician.   

Q: Can I choose my own doctor?

A: Usually, no. Your employer is required to post a list of at least six approved physicians or medical care organizations (called a “Panel of Physicians”). You must choose a doctor from this list for your treatment to be covered (except in emergencies). If your employer fails to provide a proper panel, you might be able to choose your own doctor.

Q: What are the deadlines for filing a claim?

• Report to Employer: Within 30 days of the injury.   
• File Formal Claim (Form WC-14): Within one year from the date of the injury with the State Board of Workers’ Compensation (SBWC).