How Workers' Compensation Works in Georgia: Your Complete Guide

What Is Workers’ Compensation?

Hurt at work and worried about medical bills? Workers’ compensation is Georgia’s safety net for injured workers.

It’s an insurance system that protects you when you get injured or sick because of your job. You get guaranteed medical treatment and income benefits without having to sue your employer.

The key benefit: You don’t need to prove your employer was at fault. If you’re hurt at work, you’re covered.

The trade-off: In exchange for guaranteed benefits, you give up the right to sue your employer for workplace injuries in most cases. This is called the “grand bargain”—a compromise made over 100 years ago that still protects workers today.

Who Must Have Coverage in Georgia

Most Georgia employers with three or more employees must carry workers’ comp insurance or be self-insured. Coverage includes both full-time and part-time workers.

Some workers are exempt or covered by other laws:

• Railroad workers
• Federal employees
• Farm laborers
• Domestic servants

When you’re injured on the job or develop an occupational disease, you’re entitled to several benefits under Georgia law.

What Benefits Are Available

Medical Treatment

You get all necessary medical care for your work injury at no cost to you. The employer or their insurance company must pay for:

• Doctor visits
• Hospital stays
• Surgery
• Medications
• Physical therapy
• Any other reasonable treatment

In non-emergency situations, Georgia law allows employers to offer a panel of doctors for you to choose from.

Wage Replacement

If your injury prevents you from working, you receive weekly income benefits. In Georgia, these are typically two-thirds of your average weekly wage.

There’s a maximum amount set by law (currently around $800 per week, adjusted periodically).

Time Limits:

• Temporary Total Disability (TTD): Up to 400 weeks if you can’t work at all (non-catastrophic cases)
• Temporary Partial Disability (TPD): Up to 350 weeks from injury date if you can work part-time or at lower pay

Permanent Disability Benefits

If your injury causes permanent impairment, you receive scheduled benefits for that lasting loss. This is called Permanent Partial Disability (PPD).

Examples:

• Losing use of a limb
• Loss of vision or hearing
• Reduced body function

The law sets a specific number of weeks of benefits for each type of impairment. These payments compensate for your long-term reduction in earning capacity.

Death Benefits

If a worker dies from a job-related injury, the law provides benefits to dependents:

• Income benefits to surviving spouse and children (2/3 of worker’s average weekly wage)
• Funeral expenses up to a set limit
• Subject to maximum total payout limits

No-Fault Protection: You Don’t Need to Prove Fault

All benefits are provided without regard to fault. It doesn’t matter if:

• The employer was negligent
• You were somehow careless
• A coworker caused the accident

If the injury happened during employment, benefits should be paid.

In exchange for this guarantee, you typically cannot sue your employer for additional damages. Workers’ comp is the exclusive remedy.

How Disputes Are Resolved

The State Board of Workers’ Compensation oversees all claims and resolves disputes. The system is designed to minimize litigation.

Most claims are settled or paid without dispute. When there is a disagreement, cases go before administrative law judges (ALJs) in an administrative hearing—not a jury trial.

This administrative process is:

• Faster than court lawsuits
• Less formal than regular court
• More affordable for injured workers

If either side disagrees with an ALJ’s decision, they can appeal to the State Board’s appellate division. Further appeals go to the Georgia court system. But there’s no jury at any stage.

This administrative approach provides quick, certain relief to injured workers while avoiding lengthy court battles.

Protecting Your Rights After a Work Injury

Common Issues and How to Handle Them

Your Claim Was Denied

Insurance companies deny legitimate claims all the time. Common reasons include:

• Saying the injury didn’t happen at work
• Claiming you waited too long to report
• Arguing you had a pre-existing condition
• Disputing whether you need the medical treatment

What to do: Don’t give up. Many denied claims are overturned on appeal. Consult with a workers’ comp attorney immediately.

You’re Not Getting the Medical Treatment You Need

Sometimes insurance companies or their doctors try to limit your treatment to save money.

What to do:

• Request a change of physician if allowed
• Get a second opinion when possible
• Document all denials of treatment
• Consult an attorney about your options

The Insurance Company Stopped Paying Benefits

Benefit payments can be suspended if the insurance company claims you’ve recovered or can return to work.

What to do:

• Get written documentation from your doctor about your continued disability
• File a dispute with the State Board
• Seek legal representation immediately—you may have bills piling up

Get the Help You Need

Workers’ compensation should be simple: get hurt at work, get the benefits you deserve. But insurance companies often make it complicated.

If you’ve been injured at work, understanding the first steps after a workplace injury is crucial.

Our Georgia workers’ compensation practice is here to help you navigate this complex system and secure the benefits you deserve. Don’t face the insurance company alone.

Free consultation. No fee unless we win.