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Misconceptions about Georgia’s Workers’ Compensation Laws

Many people have misunderstandings about Georgia’s Workers Compensation laws and how they work.  If you do not understand your workers’ compensation rights, you will probably not be treated fairly and may not be paid the benefits you should receive.

Here are a few of the common misconceptions that people have about Georgia’s workers’ compensation laws:

MISCONCEPTION #1 – If I did not tell my employer about my injury immediately, I lose my case

Sometimes people are told by their employer that they cannot file for workers’ compensation because they did not report their injuries immediately.  This is not correct.

Georgia’s workers’ compensation laws do require you to tell your employer about your injury within 30 days.  You can find out more about this requirement in our article about statutes of limitations.  Even though you legally have 30 days to tell your employer about your injury, it is still better to tell your employer as soon as possible.

It is a common misonception that you have to go to the doctor picked by your employerMISCONCEPTION #2 – I have to go to the doctor that my employer selects for me

Many people are told by their employer that they have to go a certain doctor after their injury. This is not correct.

You can actually select your authorized treating physician – the primary doctor who will treat you for your injury – from your employer’s panel of physicians. To find out more about the panel of physicians and medical treatment for your injury, feel free to read our article about picking your workers’ compensation doctor.

MISCONCEPTION #3 – The insurance company has to pay me money for pain and suffering

Many people believe that they are entitled to be paid for pain and suffering in a Georgia workers’ compensation case.  Unfortunately, this is not the case.

While I wish that workers’ compensation insurance companies were required to pay money for the pain that injured workers experience, the law in Georgia does not currently require that.  There are only certain benefits that your employer and their insurance company have to pay in a workers’ compensation case.

However, it is important to know that sometimes you have a right to pursue a personal injury case in addition to your workers’ compensation case.  You usually can recover for your pain and suffering in a personal injury case.  Our law firm handles personal injury cases in addition to workers’ compensation cases.

MISCONCEPTION #4 – I am entitled to a settlement in my case

Many people believe they are entitled to a settlement in their workers’ compensation case.  This is not correct.

You are not “entitled” to a settlement, but most workers’ compensation cases do settle.  The reason you are not entitled to a settlement is because no one can force any person or company to settle.  The insurance company cannot be forced to settle just like you cannot be forced to settle.

This is actually good because you have some control over your case.  Most insurance companies and employers do want to settle workers’ compensation cases.  So, if you want to settle your case, it is likely that you will be able to do so.  If you are considering settling your case, we would suggest that you take a look at our series of articles about settlement for more information about settlement.

MISCONCEPTION #5 – If the insurance company sends me a check for my permanent partial disability rating and I cash it, my case is over

Many people believe that cashing a check from the insurance company for permanent partial disability benefits end their case.  This is not correct.

You are entitled to permanent partial disability benefits when your doctor has given you a permanent partial disability rating and the insurance company is not currently paying you temporary total disability or temporary partial disability benefits.  Sometimes, the insurance company pays these checks weekly.  Sometimes, they pay the entire amount in one check.

Either way, cashing the check will not end your case.  Generally, you can only end your case is by signing settlement paperwork that is approved by a judge at the State Board of Workers’ Compensation.  But if you wait too long, you can basically end your case by letting certain deadlines called statutes of limitation pass.

Because of these deadlines, it is always a good idea to consult with an attorney specializing in workers’ compensation  if you are having or believe that you may continue to have any problems with your injury.

What if I have other questions about workers compensation?

Georgia’s workers compensation system can be very confusing.  You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.

If you have questions, I would recommend that you try to get answers.  To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article.

Jason Perkins is an attorney who specializes in representing injured workers.  He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families.

To be notified of Jason’s new workers compensation videos, subscribe to his Georgia Workers Compensation Video Series channel on YouTube by clicking the subscribe button below.

It took me probably too long to finally get a lawyer when my work comp claim started and I had no idea what I should do. I read reviews and upon recommendation of several people started the process of getting a lawyer. I am fortunate and lucky to have come across Perkins Studdard. Jason and his team has taken care of me since the moment I first called them and made sure any and all questions I had were answered as well as working hard to get me my settlement so I can continue receiving treatment. If you're looking for a good law firm to represent you in your worker's compensation case I would highly highly recommend this one.Autumn Fields
I highly recommend Perkins Law Firm. Throughout the whole process Perkins team kept me updated and explained everything very well. I am very pleased with their work. You will not be disappointed!!trina flornce
Mr. Perkins and team...Tina* they have all been so awesome. Always available to talk to me with any concerns. Kept me informed on my case all the way. Greatly appreciated!Missy Cherry
Amazing! Jason and his team were very helpful and had the best communication by far. Walked me though every step with great detail and had answers for any question I had. They handled my case better then I could imagine, it was a weird case and they stayed on top of it and kept me updated every step of the way! Highly recommend this Team! Thanks so much to Jason and his Awesome team! -BrittneyBrittney-lee orourke
This law firm is very good at what it does the staff and the lawyer's that were involved with my case all were very perfesional and curious I couldn't ask for a better law firm I want to thank everyone for a great job thanks Les RyanLeslie Ryan
I absolutely love this group of attorneys, when I was at my lowest they did everything they could to help me get justice for my injury. I believe if I were to have never picked my phone up and called the amazing group that helped me I definitely would not have received my idea of rights. If you have an issue and are just not sure please understand that they will help you, stay in contact, answer any question you have, and for sure get you the justice you deserve I thank them from the bottom of my heart and I will definitely refer them to anyone who has been hurt because they most definitely care about their work and clients.China Jones
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.Luv Locs
If you must get a lawyer involved, you’d do well to work with Jason Perkins and his team at Perkins Studdard Law. They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case. Jason and the team were responsive to my bevy of questions and concerns. I appreciated the informative videos and consultations provided by Jason over video meetings and multiple phone calls. I hope I’m never injured on the job again. However, if I am and if my employer responds as my previous employer did, I’ll contact Perkins Studdard Law immediately to handle the case.moombi
Everyone at Perkins Studdard was kind and professional. They were always extremely responsive and answered all questions that I had and followed up to make sure I had an understanding of what was going on along with emailing videos to explain every step of my case so I would know what to expect and be prepared. Jason is a very genuine person and I trusted him with my case. He answered so many questions for me even before I retained him as my WC lawyer. I highly recommend him and his associates at Perkins Studdard.Dana Bess
Great staff and very knowlegable. They treat you like family and work hard to get you what you need. Highly recommended.Josh Carter

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Jason Perkins

Workers' Compensation Attorney

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