Georgia Workers’ Compensation Bill of Rights
Posted on June 30, 2005 byJane
I read that the Georgia Workers’ Compensation Bill of Rights spells out what an employee must do, and what a worker will receive when they are eligible for unemployment benefits. The law provides an employee coverage for a work -related injury even if an injury occurs on the first day on the job.
The employee has the following rights:
- If injured on the job, employees may receive medical, rehabilitation and income benefits. Their dependents may also receive benefits if they die as a result of a job-related injury.
- The employer is required to post a list of at least six doctors or the name of certified medical providers. The employee may choose a doctor from the list and make one change to another doctor on the list without employer permission
- Authorized doctor, hospital, rehabilitation, and prescriptions bills will be paid if injury was caused by an accident on the job.
- A worker is entitled to weekly income benefits if they miss more than seven days of work due to an injury.
- Accidents are classified as being either catastrophic or non-catastrophic. In catastrophic cases, employees are entitled to receive two-thirds of their average weekly wage for as long as they can’t work. In non-catastrophic cases, an employee is entitled to receive two-thirds of their average weekly pay for up to 400 weeks.
- When a worker is able to return to work but can only get a lower paying job as a result of injury, they are entitled to a weekly benefit making up the difference in pay.
- In the event an employee dies as a result of an on-the-job accident, their dependents will receive burial expenses and two-thirds of the worker’s average weekly wage
- If a worker does not receive benefits when due, the insurance carrier/employer must pay a penalty which will be added to the worker’s payments.
I know from reading the rights that an employee must:
- Follow written rules of safety and other reasonable policies and procedures of the employer.
- Report any accident immediately, but not later than 30 days after the accident, to their employer.
- Accept reasonable medical treatment and rehabilitation services.
- Work with the insurance carrier to make sure all documents are up-to-date.
- Attempt a job approved by the authorized treating physician even if the pay is lower than the previously-held job.
- File a claim within one year if they believe their compensation is unfair.
- Submit to a drug test following an on-the-job injury. If a worker refuses, there may be a determination that the accident and injury were caused by alcohol or drugs.
I understand that an employee who makes false claims will be fined up to $10,000 or imprisoned for up to 12 months, or both. Employers must post these rights in a public place in their business. These rights are included on the Georgia Complete Labor Law poster. See the Georgia Worker’s Compensation Bill of Rights poster here.
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