Albany Workers Compensation Attorneys, FAQs – Negligence, Defense Claims, Employer Rights

The Workers' Compensation Act defines the responsibility of the employer to provide prompt medical and disability benefits for injuries sustained on the job by workers, resulting in partial or total incapacity or death. In return, the employer is shielded from tort liability for these injuries.

Is my business required to maintain workers' compensation insurance coverage?

Every employer, individual, firm, association, or corporation, regularly employing three or more person, part-time or full-time, shall provide workers' compensation insurance coverage. Exempted officers of corporations or exempted members of limited liability companies shall not reduce the number of employees for this purpose.

Can my business self-insure?

Every employer subject to the workers' compensation law must insure payment of benefits to injured workers by securing a policy of insurance by qualifying as a self-insurer. Employers desiring insurance should contact an insurance agency representing a company licensed to write workers' compensation insurance in this state.

Employers desiring to be self-insured must file an application with the Board and include three years audited financial statements and a $500.00 application fee made payable to the Georgia Self-Insurers Guaranty Trust Fund. If the application is approved by both the Board and the Trust Fund, a surety bond or letter of credit will be required. The amount of security that is required is determined after a thorough review of the application and financial statements.

Do I have to inform my employees about workers' compensation?

Yes. Employers must post a notice of compliance with the law and post the STATE BOARD OF WORKERS' COMPENSATION BILL OF RIGHTS FOR THE INJURED WORKER in a conspicuous place. The Insurance company's name must be posted, or if self-insured, the certificate of self-insurance must be posted in a prominent place.

What are an employer's responsibilities under workers' compensation laws?

Employers are required to purchase insurance for their employees from a workers' compensation carrier or to be a qualified self-insurer. When a worker is injured, a claim is filed with the insurance company, who pays medical and disability benefits according to a state approved formula. Unless they fall within limited, exempt categories, employers without workers' compensation insurance are subject to fines, criminal prosecution and civil liability.

What is the "panel of physicians"?

Each employer shall maintain a list of at least six physicians or professional associations who are reasonably accessible to the employees. At least one of the physicians must practice the specialty of orthopedic surgery and not more than two industrial clinics shall be included on the panel. Furthermore, it should be noted, that the board may grant exceptions to the required number of physicians where it is determined that more than four physicians or groups of physicians are not reasonably accessible.

What do the terms TTD, TPD and PPD mean?

TTD stands for temporary total disability. An employee is entitled to temporary total disability benefits after a disability period of seven days or more when the employee's disability is temporary in duration but total in character. When an employee is determined to be TTD, he is entitled to 2/3 of his average weekly wage, but not more than $425.00, or less than $42.50, for maximum benefits period of 400 weeks from the date of injury.

TPD stands for temporary partial disability. The employee is entitled to this benefit for a disability that is temporary in duration, but the disability is partial in character. TPD benefits are paid when the employee returns to work, but suffers a loss in prior earnings either because he must work in a lighter duty job for less wages or on a part time rather than full time basis. The employee is determined to be TPD, he is entitled to a weekly benefit equal to 2/3 of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $284.00 per week for a period not exceeding 350 weeks from the date of injury.

PPD stands for permanent partial disability. An employee is entitled to PPD benefits for a disability that is partial in character but permanent in quality resulting from the loss of or the loss of use of body members or from the partial loss or use of the employee's body. PPD benefits are not due if the employee is entitled to TTD or TPD from the same accident. In cases of PPD, the employer shall pay weekly income benefits to the employee according to the workers' compensation schedule established by law.

If an employee is receiving workers' compensation benefits, but returns to work, does the employee still get to receive benefits?

Then answer to this question is "maybe". If returning to work enables the employee to receive wages equal to or greater than he or she was earning before the injury, then it is likely benefits will be stopped. If, however, the employee is still experiencing a wage loss due to the on-the-job injury, he or she may continue to receive wage loss benefits.