FAQs

If you have been hurt on the job, you are probably finding the process can be much more difficult than you'd expected. Even what should be simple things to do, such as notifying your employer, finding a doctor, and setting up doctor’s appointments, can become problems. If you do mange to get through some of these initial steps, later you may run into roadblocks, such as your doctor has recommended treatment which for no reason you can see, is not being authorized. Or your doctor has released you to "light duty" but your employer (insurer) either has no light duty work, or has offered you a “light duty job,” which you are not able to do.

Below are some of the most typical questions people and my clients have, and "short" answers that may help you. If you have a question not covered, or would like more information, please feel free to send an email or call - again, it is completely confidential, and there is no charge or obligation with any consultation.

Frequently Asked Questions in Workers’ Compensation

Can they fire me after I am hurt on the job?

Georgia is a “work at will” state, and aside from a few protected employment discrimination areas, either your employer or you, the employee, can terminate the employment relationship without a specific reason. So yes, your employer can fire you. However, the end of your employment does not end the employer’s obligation for compensation of an injury which occurred in the course of that employment. The most important thing to do is immediately document your injury and notice to the employer of that injury, so that if you are terminated, your rights will still be protected.

What should I do if I am fired?

You should give your employer or former employer notice of the injury. Whether you are fired or not, this is the most important first step. Also, keep the names and telephone numbers of any witnesses to the injury that you can. See answer to question below about giving written notice, which applies equally to a refusal to write up a report or being terminated.

What if my supervisor ignores me and refuses to write up an injury report?

This is a frequent problem, and two things will protect you. One is to send or hand deliver a written letter to a manager or supervisor or someone in your Human Resources department. The other thing you need to do is file the appropriate notice forms with the State Board. As soon as I am on a case, I send a Notice letter to the Employer and the Insurer, and file the notice with the State Board. If you have been fired, obviously your supervisor is probably refusing to talk with you at all. You should take these steps if that is your situation, too. Mailing the notice will of course be easier.

There are numerous statute of limitations that operate in workers’ compensation cases, one of which is that unless the Notice is filed with the State Board within one year of your injury, you will lose your right to pursue any claim for benefits.

Why is my supervisor (or anyone else at my job) being so mean to me now after I’ve been hurt? I’ve always been a good employee.

One thing it is important to understand, is that after you are injured on the job, you become a liability to your employer. That is a fact. No matter what your past contribution or record is with the company—even it has been outstanding --you will now cost them money. That is not your fault. It is the law. Your employer is required (if they have three or more employees) to carry insurance to cover injuries on the job, and the rate of that insurance may go up as a result of claims made or more injuries on the job. That is not your fault either. Some employers just accept this responsibility, do their best to maintain a safe work environment, and do the right thing when injuries occur. But many employers become outright hostile about it, they try to avoid documenting the injuries, and intimidate employees into being quiet about it. Just realize that although you are getting the brunt of it, it really is not because of anything you have done wrong. The best thing to do is protect your rights, and get at the minimum a consultation with an attorney, especially if the environment has become hostile. These employers are unfortunately more likely to be the ones who will fire you later (for example, after the company doctor gives you a normal duty work release) anyways over your “attitude issues”.

What if my company sends me to a doctor who puts me on “light duty” but my company doesn’t have light duty work?

Then your employer’s workers’ compensation insurance company must pay your “lost wages” which are known as “temporary total disability” or TTD payments every week.

How much will I get in my TTD weekly check?

You will get 66% of your gross average weekly wage based on the thirteen weeks prior to the date of your injury. The important thing to do is make sure that you are also getting compensated for mileage, overtime, part-time work, bonuses, and any second jobs you may have been working, but are unable to do now as a result of your injury. One thing I focus on is documenting all of your income, and out of pocket expenses which you are entitled to be reimbursed for.

What if the company doctor says I am able to do light duty, but the light duty job they have for me is too hard for me, or it’s not really light duty-it’s my regular job?

This can be one of the most challenging problems but it is essential to handle it correctly in order to protect your right to benefits. You are required to make reasonable efforts at any light duty work, and an outright refusal to try the light duty work could potentially jeopardize your claim. What is reasonable depends on the facts of each case, and it is important to seek some advice about this issue if it comes up for you.

Do I have to go to the company doctor or can I choose my own doctor?

In some circumstances, you can choose your own doctor. If for example, the employer does not have legal or valid panel available, or if they deny you medical treatment, then you can choose your own doctor. In other circumstances, you will need to at least start with the company doctor. The most important thing to do in any case is to see a doctor and document your injury as soon as possible. You are always entitled to a second opinion, through another company doctor or an independent evaluation as well, which they may have to pay for. This is very important to your claim, especially if the company doctor is not being fair to you or seems biased against your condition. The entire claim in workers’ compensation turns on the documentation of the medical treatment.

The most important thing I do in each case is make sure that you get all of the medical treatment that you need, that you take advantage of every opportunity you can to get additional medical opinions, and that the treatment of your injury is well documented.

What if I can never return to my regular work or full duty?

You are entitled to a benefit for permanent partial disability, known as PPD, which is a lump sum payment that compensates you for the percentage of disability that is permanent to you and which prevents you from returning to 100% functional capacity as a result of your injury. The amount of this benefit will turn on a number of factors, such as the seriousness of your injury, and the documentation of the medical treatment and which doctor or doctors issue rating(s), as mentioned above. You may also be entitled to this benefit even if you can return to regular duty work; it depends on the rating(s) issued by the doctor(s).

If I file a claim for workers’ compensation benefits, will I have to quit my job?

You do not have to quit your job. Sometimes claims are filed, and all issues resolved. In some cases, the insurer does comply with their obligations, and the employment is continued. Filing a claim, or “notice only” with the State Board, only preserves your right to fight for benefits if it is necessary. Normally the only thing which would require your resignation would be a full and final settlement of your claim. Resignation is usually made a term of any final settlement that relieves the employer of future liability (in return for a lump sum payment to you). However, whether to settle your claim, or not, is always a choice you make, not something you have to do. I do not pressure clients, and it is unethical for an attorney to do so, to settle a claim in favor of keeping employment if that is the client’s choice.

If I file a claim for workers’ compensation benefits, will I get fired either right away or later on?

That is a difficult question to answer, because some employers do become hostile or adversarial to an employee who files a claim with the State Board, even just a notice only. This of course is very unfair, and is a catch 22 for the employee, because that is the only to protect your rights to pursue a claim for benefits which they may end of denying you. So the answer may be unfortunately, yes, but it really depends on the employer. The other thing which is important to realize, is that if you have an employer who is going to fire you because you've filed a claim, they are probably going to fire you anyways. It is not unusual to see a termination of an injured worker shortly after a "normal duty" release by the company doctor.

Your employment is important, and the effect that filing a claim may have on it is an important factor to consider. I try to help you evaluate that in terms of where you are in the process now, and what your employer/insurer is (or is not) doing already.

The best thing to do is make sure you get advice from an attorney right away and understand what the time limitations are in your situation.

You can call me for a consultation, and it is free, and it is completely confidential. If you decide to wait or not pursue a claim, for any reason, after discussing your situation, that is of course, completely up to you. You will receive from me an objective evaluation of your case, without pressure, and the options open to you as I see them.

Also, my consultation will include steps you may be able to take on your own if you decide to wait or not hire an attorney. This can lay the groundwork to protect your rights and your case, if you decide that it is necessary to hire an attorney later, whether it’s me or someone else.

What is a contingency fee and how does it work?

Attorney fee agreements in workers’ compensation, unlike in personal injury cases, are regulated by and must be approved by the State Board of Workers’ Comp. Like most attorneys who represent claimants, my attorney fee is a 25% contingency fee only.

This means my fee is 25% of any recovery of benefits made as a result of going to a hearing, or making a final settlement of the claim. The client pays nothing up front, and you never owe any attorney fees if no recovery or settlement is obtained in your case. No percentage is ever taken of any benefits which are paid voluntarily by the employer/insurer. For example, if I file a “notice only”, and the employer/insurer voluntarily pays or have been paying benefits, there is no percentage to me out of those checks. If the employer/insurer begins to pay weekly disability checks only after I’ve requested a hearing on the issue, but before going to a hearing, I usually don’t take 25% of those checks, either, even though that is allowed and many attorneys do. I will sometimes be able to negotiate an “assessed attorney fee” in those “intermediate” situations, which means the employer/insurer pays an attorney fee to me. Generally, I am paid out of a final settlement of the case, or alternatively proceeding to a full hearing on the case/issue if we don’t settle it.

How do I know if any attorney I hire will be the right one for my case, and will really work hard for me?

First of all, things can move slowly in workers comp and I would be skeptical of anyone who promises you “immediate” results in a work injury case. On the other hand, it's important to be aggressive. I do promise to take immediate action, and work hard to move things forward as fast as possible.

Second, I feel that an important part of my representation of my clients, is helping them to understand and explaining the process. We are a small law firm and from start to finish, all of your questions are answered by an attorney, myself, and your case is not "passed to" a paralegal.

Also, there is never any pressure to settle your claim until you are ready to do so. I always go over all settlement proposals in detail with my clients to make sure the factors involved are clear and the timing is right for them. We will be by your side throughout the process, making sure your questions and concerns are handled with care, concern and diligence.