Employers who have three or more regular employees are required to carry workers’ compensation, which is available to you the day you begin work. There are many responsibilities an employer has to their employees, but, did you know that you, as an employee, also have responsibilities which must be followed in order to receive workers’ compensation benefits if
you are injured at work?
What Are My Responsibilities as an Employee?
To help ensure your workers’ compensation claim is not denied, you should follow any and all written rules of safety as well as other reasonable policies and procedures from your employer. If you are negligent in your duties, or, are intentionally or willfully causing accident or injury to yourself, your workers’ compensation claim may be denied.
Report your accident or injury to your employer immediately. If you are not able to report your injury immediately to your employer, you must do so within 30 days, or, you run the risk of your claim being denied.
You should seek medical attention immediately, and, accept any treatment or rehabilitation if ordered to do so by the State Board of Workers’ Compensation. You must seek treatment from a medical provider approved by your employer. Your employer will have either post a Traditional Panel of Physicians, which will contain at least six doctors, and you will choose one of the doctors on the list. Your employer may also post the name of the Workers’ Compensation Managed Care Organization which has been certified by the Board and contracted with by your employer. If your employer posts the Workers’ Compensation Managed Care Organization, they must provide a 24 hour toll free number.
You should notify your employer and insurance carrier when you know a date you are able to return to work, whether you are able to return full time, part time, or on a modified schedule. Even if you have returned to work, you should report the amount of your weekly earnings, as you may still be entitled to partial benefits.
If you are unable to return to work at the job you held prior to your injury, you must attempt a job that has been approved by the treating physician, even if the job is at a lower rate than your previously held job. If you decline to return to work, your benefits may be suspended or lost.
If your employer or insurance carrier has denied benefits you believe you are entitled to, you must file a claim within one year of the last authorized medical treatment date, or, within two years of your last payment of your weekly benefits. If you do not file a claim within these time periods, you will lose your right to recover lost benefits.
If you are seeking reimbursement of any mileage or other expenses relating to your medical care, you must submit the request to your employer or insurance carrier within one year of the date you incurred the expense.
If your employer requests that you submit to a drug test following the injury your accident, and you refuse to do so, it will be assumed that you were under the influence of drugs or alcohol. Unless other evidence is submitted to the contrary, your claim for workers’ compensation may be denied.
Contact 1Georgia Injury Lawyers, PLLC
If you are considering bringing a workers’ compensation claim in Georgia, there are many
factors you must consider. The experienced Georgia workers’ compensation lawyers at 1Georgia Injury Lawyers, PLLC can help you to learn more about your rights. We can walk you through the entire process and answer all of your questions. Contact us today to get started!
