While no one anticipates getting hurt on the job, it’s important to understand your employer’s workers’ compensation policy on the off-chance that you get hurt or become ill. All employers are required to provide workers’ compensation to their employees in Georgia. There are five workers’ compensation classifications based on the degree of injury and the worker’s ability to return to work.

What Is Workers’ Compensation? 

Workers’ compensation provides benefits for workers that get hurt or sick while on the job or because of the job. It’s disability insurance for workers, which offers cash or medical benefits or both to workers after they’ve been injured or gotten sick while at work.

Individual states in the United States handle workers’ compensation. All states other than Texas require employers to provide workers’ compensation insurance. The benefits employers are required to provide vary significantly by state.

Workers’ Compensation Insurance Requirements in Georgia

Georgia requires businesses with three or more employees to provide workers’ compensation insurance. These include full-time employees, part-time employees regularly scheduled to work, and corporate officers. Corporate officers have the right to waive workers’ compensation insurance for themselves.

Workers’ compensation coverage isn’t required for partners, contractors, or sole proprietors in Georgia. While sole proprietors and partners aren’t considered employees and aren’t required to be covered by workers’ compensation, they can be included in the company’s workers’ compensation coverage. To be covered, you must provide written notice to the insurance carrier asking to be included in workers’ compensation coverage.

Contractors are also not included in workers’ compensation coverage. In Georgia, contractors may be held liable for maintaining workers’ compensation for any subcontractor they have on the job.

Fines and Penalties for Not Having Appropriate Workers’ Compensation Coverage in Georgia

Businesses that don’t maintain appropriate workers’ compensation insurance face various penalties. First, they face a civil penalty of between $500 and $5000 per occurrence. Employers who refuse to provide workers’ compensation coverage or willfully neglect getting coverage can also be charged with a misdemeanor. The misdemeanor covers fines ranging from $1,000 to $10,000, and the offending employer can also face jail time of up to 12 months if convicted.

Medical Treatment

Minor injuries that happen at work tend to get treated faster. With these injuries, workers can expect prescription medicines, time away from work to heal, and physical therapy when needed. Sometimes, an insurer will deny the request for medical treatment even when the injury is obvious. If this happens to you, contact a qualified workers’ compensation lawyer.

Temporary Disability

A temporary disability is another common workers’ compensation classification. Employees who file temporary disability claims have an injury that has left them partially disabled and unable to perform the duties associated with their job. Sometimes, these employees can be assigned to another position within the company with a lighter workload or be granted a leave of absence while they heal from their injury or illness. Your workers’ compensation claim will cover the cost of your medical treatments and lost wages.

Permanent Disability

Sometimes an injury or illness will cost a worker the ability to earn a living. They won’t be able to perform their routine work duties any longer. When this happens, and a doctor says they have recovered as much as possible, the worker could have a claim for total permanent disability.

Permanent disability coverage includes:

• All of the medical expenses incurred at the time of the injury or illness.
• Wage replacement coverage.
• Money spent to hire an attorney and for their services during the settlement.
• A benefit for the loss of earning capacity for the length of time determined by the settlement.

Death Benefits in Georgia

Unfortunately, workers can sometimes die as a result of an accident on-the-job. When that happens, their financially dependent family members are compensated. The calculation for the amount of compensation family members can receive is based on the salary they earned before they died. This benefit has minimum and maximum benefits, but sometimes the dependents will be given a lump sum payment, and employers will sometimes pay for funeral expenses.

Supplemental Job Displacement

The supplemental job displacement benefit is for workers attempting to return to work after sustaining an injury. They could be reemployed in the same job or a similar position. The compensation benefits might cover rehabilitation, counseling, retraining, and evaluations.

Kinds of Workers’ Compensation 

The rules for workers’ compensation are handled by each state individually. The US Department of Labor has an Office of Worker’s Compensation Programs, but this office is only responsible for ensuring federal employees, energy employees, coal miners, longshoremen, and harbor workers are covered. The lack of workers’ compensation standards has caused a disparity in coverage from state to state.

Depending on the state of residence, identical injuries can receive vastly different kinds of compensation for their injuries. A qualified workers’ compensation lawyer can help you learn about the regulations for workers’ compensation in Georgia and how those regulations affect you.

Workers’ Compensation Coverage A vs. Coverage B

There are two basic kinds of workers’ compensation coverage: Coverage A and Coverage B.

1. Coverage A provides state-mandated coverage for injured or sick employees. Every state but Texas has Coverage A benefits which cover salary replacement, medical care, rehabilitation, or death benefits as needed. Some states exclude employees, like independent contractors, from eligibility for coverage.
2. Coverage B pays benefits beyond the minimum requirements of the mandated coverages. Typically Coverage B goes into effect when there has been negligence or misconduct by the employer that caused the employee’s injury.

Those workers who accept workers’ compensation waive their rights to sue their employers by agreeing to a “no-fault” contract. Still, court rulings and some state legislatures have defined specific circumstances that allow those employees to sue their employers. For that reason, employers may choose to buy a policy that has both Coverage A and B.

Who Pays for Workers’ Compensation Premiums? 

Employers are required to pay for workers’ compensation coverage. There is no payroll deduction like there is for Social Security benefits or typical health insurance coverage. The employer must provide workers’ compensation benefits following the state’s established workers’ compensation laws.

Workers’ Compensation Rates in Georgia

Since each state varies regarding workers’ compensation insurance requirements, the amount employers pay for premiums also tends to vary. Several factors affect the rates for workers’ compensation coverage. Those include the level of benefits the employer has chosen, their business risk, medical regulations, and other factors.

How Do Workers Apply for Workers’ Compensation Benefits in Georgia? 

When a worker requires workers’ compensation, the rules for applying vary based on the state where you apply for benefits. Typically, the first step for applying for workers’ compensation coverage is to create a detailed description of the events which occurred, causing the injury or illness. Whenever possible, you should take photos or videos to back your claims. You should obtain statements from any witnesses that include their name, job position, and a detailed description of what they saw happen.

After you have compiled the facts of the accident, you need to report the injury or illness to your employer. The employer should take your report and file the claim with the insurance provider. Once you reach this step, you can follow up with the workers’ compensation insurer.

Any job-related accident or illness should be reported immediately to your supervisor, foreperson, or boss. Waiting more than 30 days to report an incident can cost you the benefits associated with the workers’ compensation policy.

When Can Employees Expect Benefits

Employees are entitled to receive weekly income benefits if their injury or illness causes them to miss work for more than seven days. Within 21 days of the first missed work day, the employee should receive their first workers’ compensation check. If the injury or illness causes you to miss more than 21 days consecutively, you will receive payment for the first week you were out of work.

Weekly benefits will be two-thirds of your average weekly paycheck. If your accident happened on or after July 1, 2022, your weekly maximum compensation is no more than $725.00. If your return to work causes you to accept a lower-paying position in order to work, you can receive a reduced benefit based on your paycheck for up to 350 weeks from the date of your injury. This reduced benefit would pay you up to $483.00 per week if you were injured on or after July 1, 2022.

If your accident was on or after July 1, 1992, you could collect benefits for up to 400 weeks. A catastrophic injury may cause you to qualify for lifetime benefits. Sometimes, benefits can be reduced once you’ve been released to return to work with restrictions, or the benefits can be suspended if you return to work without conditions or limitations.

Closing Thoughts

Like other states, Georgia has its workers’ compensation regulations that employers must follow. Those benefits fall into five classifications of benefits. If you have been injured on the job and need information regarding workers’ compensation benefits, contact the workers’ compensation lawyers at Morgan & Morgan to learn more about the benefits you could collect while you are unable to work.

 

Related Content: Types of Worker’s Compensation Settlements