FAQ

Workers’ Compensation Frequently Asked Questions

• How long do I have to report my workers’ compensation claim?

  According to Georgia Law, you have 30 days to notify your supervisor/employer about your injury. Verbal notification is all that is required; however, our Georgia workers’ compensation attorneys, Laura Lanzisera, recommends this be done in writing in the event the employer/insurer denies notice at a later date.

• Can I choose my own doctor?

  If your employer has a valid posted panel and has followed the correct procedures according to the rules set by the Georgia State Board of Workers’ Compensation, you will have to choose one of the doctors from that list, and the treatment will be paid by the employer/insurer. However, employers often do not have a valid panel or do not follow the correct procedures. If that is the case, then you can choose your own doctor.

• When will I start receiving benefits?

  The employer/insurer has 21 days to investigate your work accident. If your claim is accepted, you should start receiving benefits (provided they are due) after this time.

• How much will I receive weekly?

  The maximum paid for weekly benefits in Georgia is $675.00 per week. If you are not entitled to the maximum amount, you will receive two-thirds of your average weekly wage.

• How long can I receive medical treatment?

  If you sustained your work injury before July 1, 2013, you are potentially entitled to receive medical treatment for life so long as your authorized treating physician deems it necessary and reasonably related. For injuries occurring after this time, medical treatment is capped at 400 weeks post-injury, unless your claim is deemed catastrophic by the Georgia State Board of Workers’ Compensation.

• How long will I receive weekly benefits?

  If your claim is deemed catastrophic, you may be entitled to receive lifetime weekly benefits. If your claim is not deemed catastrophic and you do not return to work and/or are not released by your doctor, you can potentially receive benefits for 400 weeks post-injury.

• Am I entitled to receive any compensation for pain and suffering?

  Unfortunately, no. Pain and suffering is not part of the Georgia Workers’ Compensation system. That is, injured workers are not compensated for pain and suffering in Georgia for work-related injuries. However, our Georgia Workers’ compensation lawyer, Laura Lanzisera, will ensure that you receive as much compensation as is allowed under Georgia law for your injury.

• What are permanent partial disability benefits?

  When you have reached maximum medical improvement, your doctor may give you a permanent disability rating according to the AMA guidelines. This will entitle you to additional weekly benefits.

• How can I settle my workers’ compensation claim?

  In the state of Georgia, neither party is obligated to settle claims. Most often, however, insurance companies do want to settle claims and close their files. At the Law Offices of Laura Lanzisera, we negotiate to obtain top value for your settlement. The agreement is then sent to the State Board of Workers’ Compensation for approval.

• How do I know how much my case is worth?

  In evaluating claims, insurance companies consider the cost of your weekly benefits, medical treatment and permanent partial disability rating. At the Law Offices of Laura Lanzisera, we will review your pay history, medical records and future exposure to get you the highest possible settlement. Our Georgia workers’ compensation attorney has more than a decade of experience negotiating settlements.

• What if my claim is denied or the insurance company does not respond?

  Your claim can be denied for a number of reasons. Sometimes, your employer does not report it accurately or gives the insurance company inaccurate information. Other times, claims are not investigated in time, and adjusters deny before they have evaluated the claim. Oftentimes, insurance adjusters just don’t respond to clients. At the Law Offices of Laura Lanzisera, we know how to litigate these claims and get the insurance companies to pay you what you are entitled to under the Georgia Workers’ Compensation system.

• Can you be fired while on workers’ comp in Georgia?

  As an at-will employment state, you can be fired in Georgia for any reason other than discrimination. That means it is possible to be fired while receiving workers’ compensation. A workers’ compensation attorney can help you find out what options you have to pursue your case.

• Do all workers’ comp cases end in a settlement?

  Not all workers’ comp cases end in a settlement. If you are offered one, however, it pays to be careful. By accepting, you’ll give up your right to seek additional compensation—even if your injuries worsen. At the Law Offices of Laura Lanzisera, we can help you negotiate the best settlement possible.