GEORGIA STATE BOARD OF WORKERS' COMPENSATION

Last Updated: July 2022

As required by law, O.C.G.A. §34-9-81.1, this is a summary of your rights and responsibilities. The Workers' Compensation Law provides you, as a worker in the State of Georgia, with certain rights and responsibilities should you be injured on the job. The Workers' Compensation Law provides you coverage for a work-related injury even if an injury occurs on the first day on the job. In addition to rights, you also have certain responsibilities. Your rights and responsibilities are described below.

Employee's Rights

  1. If you are injured on the job, you may receive medical rehabilitation and income benefits. These benefits are provided to help you return to work. Your dependents may also receive benefits if you die as a result of a job-related injury.

  2. Your employer is required to post a list of at least six doctors or the name of the certified WC/MCO that provides medical care, unless the Board has granted an exception. You may choose a doctor from the list and make one change to another doctor on the list without the permission of your employer. However, in an emergency, you may get temporary medical care from any doctor until the emergency is over, then you must get treatment from a doctor on the posted list.

  3. Your authorized doctor bills, hospital bills, rehabilitation in some cases, physical therapy, prescriptions, and necessary travel expenses will be paid if injury was caused by an accident on the job. All injuries occurring on or before June 30, 2013 shall be entitled to lifetime medical benefits. If your accident occurred on or after July 1, 2013 medical treatment shall be limited to a maximum of 400 weeks from the accident date. If your injury is catastrophic in nature you may be entitled to lifetime medical benefits.

  4. You are entitled to weekly income benefits if you have more than seven days of lost time due to an injury. Your first check should be mailed to you within 21 days after the first day you missed work. If you are out more than 21 consecutive days due to your injury, you will be paid for the first week.

  5. Accidents are classified as being either catastrophic or non catastrophic. Catastrophic injuries are those involving amputations, severe paralysis, severe head injuries, severe burns, blindness, or of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy. In catastrophic cases, you are entitled to receive two-thirds of your average weekly wage but not more than $575 per week for a job-related injury for as long as you are unable to return to work. You also are entitled to receive medical and vocational rehabilitation benefits to help in recovering from your injury. If you need help in this area call the State Board of Workers' Compensation at (404) 656-0849.

  6. In all other cases (non-catastrophic), you are entitled to receive two-thirds of your average weekly wage but not more than $575 per week for a job related injury. You will receive these weekly benefits as long as you are totally disabled, but no longer than 400 weeks. If you are not working and it is determined that you have been capable of performing work with restrictions for 52 consecutive weeks or 78 aggregate weeks, your weekly income benefits will be reduced to two thirds of your average weekly wage but no more than $383 per week, not to exceed 350 weeks.

  7. When you are able to return to work, but can only get a lower paying job as a result of your injury, you are entitled to a weekly benefit of not more than $383 per week for no longer than 350 weeks.

  8. Your dependent(s), in the event you die as a result of an on the-job accident, will receive burial expenses up to $7,500 and two-thirds of your average weekly wage, but not more than $575 per week. A widowed spouse with no children will be paid a maximum of $230,000. Benefits continue until he/she remarries or openly cohabits with a person of the opposite sex.

  9. If you do not receive benefits when due, the insurance carrier/employer must pay a penalty, which will be added to your payments.

Employee's Responsibilities

  1. You should follow written rules of safety and other reasonable policies and procedures of the employer.

  2. You must report any accident immediately, but not later than 30 days after the accident, to your employer, your employer's representative, your foreman or immediate supervisor. Failure to do so may result in the loss of the benefits.

  3. An employee has a continuing obligation to cooperate with medical providers in the course of their treatment for work related injuries. You must accept reasonable medical treatment and rehabilitation services when ordered by the State Board of Workers' Compensation or the Board may suspend your benefits.

  4. No compensation shall be allowed for an injury or death due to the employee's willful misconduct.

  5. You must notify the insurance carrier/employer of your address when you move to a new location. You should notify the insurance carrier/employer when you are able to return to full-time or part-time work and report the amount of your weekly earnings because you may be entitled to some income benefits even though you have returned to work.

  6. A dependent spouse of a deceased employee shall notify the insurance carrier/employer upon change of address or remarriage.

  7. You must attempt a job approved by the authorized treating physician even if the pay is lower than the job you had when you were injured. If you do not attempt the job, your benefits may be suspended.

  8. If you believe you are due benefits and your insurance carrier/employer denies these benefits, you must file a claim within one year after the date of last authorized medical treatment or within two years of your last payment of weekly benefits or you will lose your right to these benefits.

  9. If your dependent(s) do not receive allowable benefit payments, the dependent(s) must file a claim with the State Board of Workers' Compensation within one year after your death or lose the right to these benefits.

  10. Any request for reimbursement to you for mileage or other expenses related to medical care must be submitted to the insurance carrier/employer within one year of the date the expense was incurred.

  11. If an employee unjustifiably refuses to submit to a drug test following an on-the-job injury, there shall be a presumption that the accident and injury were caused by alcohol or drugs. If the presumption is not overcome by other evidence, any claim for workers' compensation benefits would be denied.

  12. You shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $10,000.00 or imprisonment, up to 12 months, or both, for making false or misleading statements when claiming benefits. Also, any false statements or false evidence given under oath during the course of any administrative or appellate division hearing is perjury.

The State Board of Workers' Compensation will provide you with information regarding how to file a claim and will answer any other questions regarding your rights under the law. If you are calling in the Atlanta area the telephone number is (404) 656-3818, outside the metro Atlanta area call 1-800-533-0682, or write the State Board of Workers' Compensation at: 270 Peachtree Street, N.W., Atlanta, Georgia 30303-1299 or visit our website: http://www.sbwc.georgia.gov. A lawyer is not needed to file a claim with the Board; however, if you think you need a lawyer and do not have your own personal lawyer, you may contact the Lawyer Referral Service at (404) 521-0777 or 1-800-237-2629.

PANEL OF PHYSICIANS OFFICIAL NOTICE

WORKERS MUST REPORT ALL ACCIDENTS INIMEDIATELY TO THE EMPLOYER BY ADVISING THE EMPLOYER PERSONALLY, AN AGENT, REPRESENTATIVE, BOSS, SUPERVISOR, OR FOREVIAN.

If a worker is injured at work, the employer shall pay medical and rehabilitation expenses within the limits of the law. In some cases the employer will also pay a part of the worker's lost wages.

Work injuries and occupational diseases should be reported in writing whenever possible. The worker may lose the right to receive compensation if an accident is not reported within 30 days (see O.C.G.A. §34-9-80).

The employer will supply free of charge, upon request, a form for reporting accidents and will also furnish, free of charge, information about workers' compensation. The employer will also furnish to the employee, upon request. copies of board forms on file with the employer pertaining to an employee’s claim.

A worker injured on the job must select a doctor from the list below. The minimum panel shall consist of at least six physicians, including an orthopedic surgeon with no more than two physicians from industrial clinics (see O.C.G.A. § 34-9-201). Further, this panel shall include one minority physician, whenever feasible (see Rule 201 for definition of minority physician). The Board may grant exceptions to the required size of the panel where it is demonstrated that more than four physicians are not reasonably accessible. One change of doctor, from the list, may be made without permission. Further changes require the permission of the employer or the State Board of Workers' Compensation.

The insurance company providing coverage for this business under the Workers Compensation Law is:
P.O. Box 5231
Jamesville, WI 53547

Occupational Clinics / Urgent Care
Peachtree Immediate Care
10905 Haynes Bridge Rd
Alpharetta, GA 30022
(770) 505-3000

Occupational Clinics / Urgent Care
Wellstar Urgent Care
1360 Upper Hembree Rd
Ste 100
Roswell, GA 30076
(470) 956-4430

Occupational Clinics / Urgent Care
Wellstar Urgent Care
12460 Crabapple Rd
Ste 901
Alpharetta, GA 30004
(678) 762-0574

Orthopedic Surgery
Resurgens Orthopaedics
1285 Hembree Rd
Roswell, GA 30076
(800) 872-2875

Orthopedic Surgery
Resurgens Orthopedics
6335 Hospital Pkwy
Ste 200
Johns Creek, GA 30097
(404) 575-4500

Orthopedic Surgery
The Keating Group
750 Hammond Dr
Sandy Springs, GA 30328
(404) 233-5252

Orthopedic Surgery
Peachtree Orthopedics
3870 Pleasant Hill Rd
Ste 1
Duluth, GA 30096
(404) 355-0743

Primary Care Physicians
Wellstar Family Medicine
Nandini R Sunkireddy
2450 Old Milton Pkwy
Ste 201
Alpharetta, GA 30009
(470) 267-0360

Primary Care Physiclans
North Atlanta Primary Care PC
David L Hall
3400 OId Milton Pkwy
C 270
Alpharetta, GA 30005
(770) 442-1911

Orthopedic Surgery - Hand
The Hand & Upper Extremity Center of Georgia PC
980 Johnson Ferry Rd NE
NE #1020
Atlanta, GA 30342
(404) 255-0226

Orthopedic Surgery - Hand
Athens Orthopedic Clinic PA
1077 S Main St
Madison, GA 30650
(706) 549-1663

Orthopedic Surgery - Foot
Banks Alan S. DPM
Alan S Banks
1357 Hembree Rd
Ste 100
Roswell, GA 30076
(770) 822-2166

Orthopedic Surgery - Foot
Emory Healthcare Inc
Mitchell P Hilsen
3000 Hospital Blvd
Roswell, GA 30076
(770) 663-8011