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Workers Compensation
Worksheet
(PDF)
WHAT
IS WORKERS' COMPENSATION?
Workers' compensation is an accident insurance
program paid by your employer which may provide you
with medical, rehabilitation and income benefits if
you are injured on the job. These benefits are
provided to help you return to work. It also
provides benefits to your dependents if you die as
the result of a job-related injury.
HOW
LONG DO I HAVE TO WORK TO BE COVERED UNDER WORKERS'
COMPENSATION?
You are covered from the first day on your job.
HOW DO
I KNOW IF THE COMPANY I WORK FOR IS COVERED BY
WORKERS' COMPENSATION?
The law requires any business with three or more
workers, including regular part-time workers, to
have workers' compensation.
WHEN
SHOULD I REPORT AN ACCIDENT THAT HAPPENED ON THE
JOB?
You should report any accident to your employer
(boss, foreman, or supervisor) immediately. If you
wait longer than 30 days, you might lose your
benefits.
WHAT
DO I DO ABOUT A DOCTOR?
Your employer is required to post information
identifying medical care providers. Your employer
may satisfy this requirement in one of the following
ways:
Option 1. Post a Traditional Panel of Physicians
consisting of at least four doctors. You may choose
any one of the four. The panel must include one
orthopedic physician and not more than two
industrial clinics. Where possible a minority
physician must be included. Effective January 1,
2002, the panel must consist of at least six
doctors. The board may grant an exception to the
required size of the panel if it is demonstrated no
more than four physicians or groups of physicians
are reasonably accessible. You may make one change
to another doctor on the list without the permission
of your employer.
Option 2. Post a Conformed Panel of Physicians
consisting of at least ten physicians. This panel
shall include the same physicians required in the
Traditional Panel plus a chiropractor and a general
surgeon. You may make one change to another doctor
on this panel without the permission of your
employer.
Option 3. Post the name of the Workers' Compensation
Managed Care Organization (WC/MC0) certified by the
Board which your employer has contracted with to
provide medical services. Your employer must give
you a notice of the eligible medical service
providers and post a 24 hour toll free number for
the managed care organization. A managed care
representative will assist you in scheduling an
appointment with the eligible medical provider of
your choice. You may make one change to another
eligible physician at any time, without the
permission of your employer.
If you are not provided medical treatment for your
injury, contact us immediately. WE CAN PROTECT YOUR
RIGHTS!
WHO
PAYS FOR THE DOCTOR?
Your company's workers' compensation insurance
carrier will pay for your authorized doctor's visit
if the injury was caused by an accident on the job.
WHAT
MEDICAL TREATMENT WILL BE PAID?
All authorized doctor bills, hospital bills,
physical therapy, prescriptions, and necessary
travel expenses if the injury or illness was caused
by an accident on the job. You may also be entitled
to medical rehabilitation.
WHEN
DO I GET MY BENEFITS?
You are entitled to weekly income benefits if you
have more than 7 days of incapacity. Your first
check should be mailed to you within 21 days after
the first day you missed work. If you miss more than
21 consecutive days, you will be paid for the first
week.
HOW
MUCH WlLL MY WEEKLY BENEFITS BE?
You will receive two-thirds of your average weekly
wage, but not more than $375.00 per week for an
accident which occurred on or after July 1, 2000, or
$400.00 for an accident which occurred on or after
July 1, 2001.
HOW
LONG WILL I RECEIVE WEEKLY BENEFITS?
If your accident occurred on or after July 1, 1992
you are entitled to benefits for up to 400 weeks. If
your injury is catastrophic in nature you may be
entitled to lifetime benefits. In certain
circumstances, your benefits may be reduced after
you have been released to return to work with
limitations or restrictions, or suspended if you are
released to return to work with no limitations or
restrictions.
WHAT
IF I AM ABLE TO RETURN TO WORK BUT CAN ONLY GET A
LOWER PAYING JOB AS THE RESULT OF MY INJURY?
You will receive a reduced benefit based upon your
earnings. This benefit will not exceed $250.00 per
week if your accident occurred on or after July 1,
2000, or $268.00 if your accident occurred on or
after July 1, 2001.
WHAT
IF MY INJURY KEEPS ME FROM GETTING A JOB?
Under the law, if you sustain a catastrophic injury,
you are entitled to receive help in getting another
job or learning to do another job. If you need help
in this area, call the State Board of Workers'
Compensation at (404) 656-3784.
WHAT
KIND OF BENEFITS WILL I RECEIVE IF I HAVE A
PERMANENT DISABILITY?
You will receive weekly benefits based on the type
and extent of your permanent disability. The
authorized treating physician determines any
percentage of disability or bodily loss ratings
based upon Guides to the Evaluation of Permanent
Impairment, fifth edition, published by the American
Medical Association.
WHAT
BENEFITS WILL I RECEIVE IF I LOSE A LEG, ARM, OR
OTHER PART OF MY BODY?
You will receive benefits based upon an amount set
by law. For example, if you lost an arm or leg you
will receive benefits for 225 weeks.
CAN I
BE COMPENSATED FOR LOSS OF SIGHT OR HEARING?
Yes.
CAN I
RECEIVE BENEFITS IF I HAVE LOST THE USE OF A PART OF
MY BODY?
Yes. Benefits are based upon the extent of loss of
use of a part of your body as determined by the
authorized treating physician.
IF I
DIE AS THE RESULT OF AN ON-THE-JOB ACCIDENT, WHAT
BENEFITS WILL MY DEPENDENTS RECEIVE?
Your dependents will receive two-thirds of your
average weekly wage, or a maximum of $375.00 per
week for death on or after July 1, 2000, and $400.00
per week for death on or after July 1, 2001. Your
dependents are your surviving spouse, children or
stepchildren. A widowed spouse with no children is
limited to a total amount of $125,000.00 unless he
or she remarries or cohabitates in a meretricious
relationship.
CAN I
BE PAID SOCIAL SECURITY DISABILITY AND WORKERS'
COMPENSATION AT THE SAME TIME?
Yes, but Social Security benefits may be reduced.
WHAT
IF I DON'T RECEIVE MY WORKERS' COMPENSATION
BENEFITS?
You must file a claim to protect your rights within
one year from the date of your accident. This is
accomplished by filing Form WC-14 with the State
Board of Workers' Compensation.
HOW DO
I FILE A CLAIM?
The attorneys at Perrotta, Cahn & Prieto, P.C. have
a vast amount of experience assisting injured
employees with their workman’s compensation. In
fact, several of our attorneys represented
employer/insurers prior to joining the firm. Having
defense experience provides insight not readily
available to other firms. If you have been injured
at work, contact us immediately.
WHAT
HAPPENS AFTER I FILE A CLAIM?
If you do not receive any benefits, your lawyer at
Perrotta, Cahn & Prieto, P.C. will request a hearing
before the State Board of Workers' Compensation. A
hearing is like a trial in the courts of Georgia.
Your claim will be decided by an Administrative Law
Judge who listens to both sides of the claim and
determines what benefits, if any, you should
receive. The judge's decision will be based on the
law and the facts involved.
WHEN WILL THE HEARING TAKE PLACE?
The hearing generally will be scheduled within 45-90
days from the time the judge received the WC-14
Request for Hearing.
WHERE
WlLL THE HEARING TAKE PLACE?
The hearing will generally be held in or near the
county where you were injured.
WHAT
RIGHTS ARE GUAARENTEED TO ASSIST AN EMPLOYEE TO
OBTAIN MEDICAL CARE?
Employers must select ONE of the following three
options to provide medical care for injured
employees. The choices will be known as Option 1,
Traditional Panel Of Physicians; Option 2, Conformed
Panel Of Physicians and; Option 3, a panel listing a
Workers' Compensation Managed Care Organization
certified by the Board.
Option 1. The employer may continue to maintain a
Traditional Panel of Physicians that shall consist
of at least four non-associated physicians, but is
not limited to four. The minimum panel shall include
an orthopedic physician, and no more than two
physicians shall be from industrial clinics. This
panel shall include a minority physician, where
feasible. Effective January 1, 2002, the panel must
consist of at least six physicians. The board may
grant an exception to the required size of the panel
if it is demonstrated no more than four physicians
or groups of physicians are reasonably accessible.
You may make one change to another doctor on the
list without the permission of your employer.
Option 2. The employer may maintain a list of
physicians that shall be known as the Conformed
Panel of Physicians, which shall include a minimum
of 10 physicians or professional associations. The
physicians and groups listed on the panel shall be
counted as a separate choice from the others listed
only if they are not associated with other
physicians or groups on the panel. This panel shall
include the same physicians required in the
Traditional Panel of Physicians plus a chiropractor
and a general surgeon.
Option 3. The employer or workers' compensation
insurer of an employer may contract with a Workers'
Compensation Managed Care Organization certified by
the Board. A "Workers' Compensation Managed Care
Organization" means a plan certified by the Board
that provides for the delivery and management of
treatment to injured employees under the Georgia
Workers' Compensation Act. The managed care
organization must include minority providers.
The employer must post in prominent places the type
of panel chosen. An employee may select any
physician on the panel and may make one change to
another physician on the panel without approval of
the employer. Further changes require approval of
the employer/insurer or the Board. Employers must
fully explain the purpose of the panel to all
employees and must assist employees in obtaining
medical care when an injury occurs.
Failure to comply with this regulation results in
the employee's freedom to select any physician to
provide them with care for their injuries, and may
result in an assessment of penalties and attorneys'
fees against the employer.
WHAT
HAPPENS IF YOU SUSTAIN A SUBSEQUENT INJURY?
Employers are protected from excessive liability
where a subsequent injury merges with a pre-existing
permanent impairment to cause a greater disability
than would have resulted from the subsequent injury
alone. If you receive a subsequent injury during the
course and scope of employment, contact the lawyers
at Perrotta, Cahn & Prieto, P.C. to protect your
rights.
If you have any questions or concerns, please
contact us. You may send us an email, or call us at
(770) 382-8900. We will be happy to inform you of
your rights with a free consultation.
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