Workers’ Compensation in Georgia

If you have been injured at work while employed by a Georgia company, then you are likely entitled to Workers’ Compensation benefits. That includes medical treatment, lost earnings, and permanent impairment benefits, assuming you are a qualified employee under the Georgia Workers’ Compensation Act.

If you work for a company that has three (3) or more employees, your company is required to carry Workers’ Compensation insurance. When a worker is injured while acting in the scope and course of his/her employment, that employee, with few exceptions, is entitled to Workers’ Compensation benefits.

The Workers’ Compensation Act provides an exclusive remedy between employers and their employees for job-related injuries and diseases. The exclusive process by which an injured worker can seek compensation is through the workers’ compensation system. However, if a third (3rd) party causes the injury then the employee may also have a personal injury (tort) claim against the negligent third party.

An employee who is injured on the job or who has suffered an occupational disease—any illness caused or aggravated by the nature of his or her work—is generally entitled to receive workers’ compensation benefits regardless of whether or not the employer was at fault. Under the Georgia Workers’ Compensation Act, an employee is not subject to the common defenses of contributory/comparative negligence or assumption of risk. Therefore, even if the employee is negligent or causes the injury to himself/herself, he/she would be entitled to benefits. In exchange for these advantages, the employee gives up the right to sue an employer for a work-related injury and can only recover against the employer to the extent provided under the Workers’ Compensation Act. Based on the extent of the employee’s injuries, and the restrictions caused by the injury, he/she may be entitled to temporary total disability benefits, temporary partial disability benefits and/or permanent partial disability benefits.

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