GA Workers Comp: Don’t Lose Benefits Over These Myths

Navigating the workers’ compensation system in Dunwoody, Georgia, after an injury can feel like wading through a swamp of misinformation. Many injured workers are unsure of their rights, the types of injuries covered, and the process for filing a claim. Are you one of them?

## Myth 1: Only “Serious” Injuries Qualify for Workers’ Compensation

Many people believe that only catastrophic injuries, such as amputations or spinal cord injuries, are eligible for workers’ compensation in Georgia. This is simply not true. While those types of injuries are certainly covered, the reality is that a wide range of injuries, from minor to severe, can qualify you for benefits.

The State Board of Workers’ Compensation requires that the injury arise out of and in the course of employment. This means the injury must be related to your job duties. Common injuries seen in Dunwoody workers’ compensation cases include sprains, strains, fractures, carpal tunnel syndrome, and even psychological injuries resulting from a traumatic workplace event. We had a case last year where a client, a delivery driver in the Perimeter Center area, developed severe anxiety after being involved in a traffic accident while on the job. His psychological injury was deemed compensable under Georgia law. In fact, according to the National Safety Council Injury Facts report, unintentional injuries at work cost Americans billions of dollars each year.

## Myth 2: Pre-Existing Conditions Disqualify You

A pervasive myth is that if you have a pre-existing condition, such as arthritis or a prior back injury, you are automatically ineligible for workers’ compensation benefits. This is another misconception. While a pre-existing condition can complicate your claim, it does not automatically disqualify you.

If your workplace injury aggravates or accelerates a pre-existing condition, you may still be entitled to benefits. For example, if you have mild arthritis in your knee and then injure it at work, causing the arthritis to worsen significantly, your employer’s insurance company may be responsible for covering your medical treatment and lost wages. The key is to demonstrate that the workplace injury was a substantial contributing factor to the worsening of your condition. I remember a case where a client, a teacher at Dunwoody High School, had a pre-existing shoulder issue. After repeatedly lifting heavy boxes of textbooks, her condition deteriorated significantly. We were able to prove that her job duties aggravated her pre-existing condition, and she received workers’ compensation benefits.

## Myth 3: You Have Unlimited Time to File a Claim

Some injured workers mistakenly believe they have ample time to file a workers’ compensation claim. This is a dangerous assumption. In Georgia, there are strict deadlines for reporting your injury and filing a claim.

According to O.C.G.A. Section 34-9-82, you generally have one year from the date of the accident to file a claim. Failing to meet this deadline can result in a complete denial of benefits. However, there are exceptions to this rule. For example, if your employer fails to report your injury to the insurance company, the statute of limitations may be tolled (paused). Still, relying on exceptions is risky. The best practice is to report your injury to your employer immediately and file a claim as soon as possible. Don’t delay!

## Myth 4: You Have No Choice in Medical Treatment

Many injured workers believe they are forced to see a doctor chosen by their employer or the insurance company. While your employer or their insurance company does have some say in your medical treatment, you are not entirely without options.

Under Georgia law, your employer is required to post a panel of physicians from which you can choose. This panel must contain at least six doctors, including an orthopedic surgeon. You are generally required to choose a doctor from this panel for your initial treatment. However, after your initial visit, you may be able to request a one-time change of physician to a doctor of your choice, subject to approval from the State Board of Workers’ Compensation. Furthermore, if your employer fails to provide a compliant panel of physicians, you may be able to choose your own doctor from the start. It is also worth noting that emergency medical treatment at a facility like Emory Saint Joseph’s Hospital is always covered, regardless of whether the facility is on the panel.

## Myth 5: You Can’t Afford a Lawyer

A common concern among injured workers is the cost of hiring a lawyer. Many assume they cannot afford legal representation, especially when they are already facing financial hardship due to lost wages and medical bills.

Most workers’ compensation attorneys in Georgia, including those serving the Dunwoody area, work on a contingency fee basis. This means you only pay a fee if the attorney is successful in obtaining benefits for you. The attorney’s fee is typically a percentage of the benefits recovered, subject to approval by the State Board of Workers’ Compensation. So, you don’t have to worry about paying upfront legal fees. Seeking legal advice can be invaluable in navigating the complex workers’ compensation system and protecting your rights. Think of it as an investment in your future. If you’re in Dunwoody and missing benefits, it’s crucial to seek help.

It’s also worth remembering that fault doesn’t always matter in workers’ comp cases. And if you’re considering settling, be sure you aren’t being tricked – GA workers’ comp settlements can be complex.

Helena Stanton

Legal Ethics Counsel JD, LLM (Legal Ethics), Certified Professional Responsibility Advisor

Helena Stanton is a seasoned Legal Ethics Counsel and expert in lawyer professional responsibility. With 12 years of experience navigating the complexities of legal ethics, she advises attorneys on compliance, risk management, and disciplinary matters. Helena is a frequent speaker on legal ethics topics and has consulted for organizations such as the American Association of Legal Professionals (AALP) and the National Center for Ethical Advocacy (NCEA). She is particularly recognized for her work in developing innovative training programs that significantly reduce ethical violations within legal firms. Her successful defense of a high-profile attorney against disbarment proceedings cemented her reputation as a leading voice in the field.

Credentials 12+ years experience