Frequently Asked Questions

If your employer has a list of doctors posted on the jobsite, and that list is “valid” under the law, then you must treat with a doctor on that list if you want the insurance company to pay for your medical treatment and weekly checks. However, if the list is not valid or there isn’t a list in the first place, you are entitled to treat with any doctor you choose. 

If your authorized treating physician says that you cannot go back to work, then you do not have to go back to work. If your authorized treating physician says you can go back to work on regular duty or that you can work with certain restrictions, you must go back to work in whatever capacity the doctor advises. However, if your employer does not have a job that can accommodate your light duty restrictions, then you do not have to return to work and the insurance company must begin paying you weekly checks. 

You can quit your job, but it can affect the value of your case. For instance, if you are entitled to weekly checks due to not being able to work or due to your employer not having light duty work available, the insurance company can stop your checks if you quit. Further, when you try to settle your case, the value will be lower because the insurance company won’t consider any future checks in their settlement valuation.

Every injury is a new potential claim. Filing a claim for an injury at one job does not prevent you from filing a claim for an injury at another job. This is true even if you re-injure the same body part. 

The value of your case will depend on your individual circumstances, including how much money you were earning at your job, the severity of your injuries, whether you are capable of working, and how long you are expected to remain out of work. 

How long it takes to resolve your case will depend on the severity of your injuries, the amount of treatment you require, and whether the insurance company pushes back on paying for your medical treatment or weekly checks. However, with a few exceptions, the maximum amount of time that an individual can receive workers’ compensation benefits is 400 weeks from the date of injury. If your claim qualifies as catastrophic, you may be entitled to lifetime benefits. 

No, Georgia law does not provide for payment for pain and suffering as a result of an on-the-job injury. 

The doctor who is treating you for your work injury and has been approved by the insurance company if your employer had a valid panel (list). If your employer did not have a valid panel, the ATP is whoever you have chosen to treat you for your injuries. 

1 year from the date of injury. However, if you received any medical treatment, you have 1 year from the last date you received medical treatment. If you received weekly checks, you have 2 years from the last day you received a check. 

You will have to seek compensation directly from the employer. If they won’t pay, then you will need to have a judge force them to pay. 

You are entitled to a second opinion with the doctor of your choice to be paid for by the insurance company if you have received checks within 120 of your request for the second opinion. The second opinion is often referred to as an IME or Independent Medical Evaluation.

 No. Under the exclusive remedy rule, you cannot sue your employer for an injury that occurred on the job, even if it was your employer’s fault. The only thing you can do is file a claim for workers’ compensation benefits. 

Yes, Georgia has a no-fault system. However, your claim may be denied if you were at fault and your actions were willful or you intentionally didn’t follow safety protocol.

  No. Health insurance will usually deny paying for an on-the-job injury if workers’ compensation insurance is available, because worker’s compensation is primarily responsible.

Failing a drug test alone is not grounds for refusing to provide benefits. The insurance company must prove that the reason you were injured is because you were under the influence.