Workers' compensation is a set of laws created by the Georgia General Assembly to govern and control a person's rights, remedies and obligations when injured on the job. It is an administrative system separate from the state and federal court systems.
The workers' compensation system is supposed to assist injured employees to recover and return to work as soon as possible following an accident and to provide a weekly monetary benefit until they are able to return to work.
Simply stated, workers' compensation laws require employers to cover their employees with workers' compensation insurance (or qualify as “self-insured”) for which the employer pays an insurance premium. In return, the employer is immune from lawsuits for work injuries, even if the injuries are the employer's fault. Workers' comp insurance pays for medical care related to the injury without co-pays or deductibles. In addition, the insurer will pay directly to the injured worker the following money benefits:
- A weekly disability benefit check if he or she suffers partial or total wage loss as a result of the injury; and
- Additional weekly benefits based on the employee's permanent impairment rating from his or her doctor, whether or not there is a wage loss.
In some instances, workers' compensation will provide vocational rehabilitation if the employee's injury is extremely serious and prevents a return to his or her job.
The workers' compensation system is unfair to employees in large part due to the limited benefits provided. The system provides much greater protection to the Employer/Insurer than to the Employee. On the other hand, when the system works, you can get your benefits more quickly than through litigation. Unfortunately, the system does not always work in your favor. For this reason, it is extremely important that injured employees understand the rights and benefits to which they are entitled and retain the services of a qualified attorney to assist them.
