Category: Workers’ Compensation Insurance

Can an Independent Contractor Get Workers’ Compensation in Georgia?

In the state of Georgia, independent contractors, freelancers, and/or consultants are not eligible for workers’ comp. This is because, technically, independent contractors are self-employed; they are both employers and employees. However, Georgia laws that define independent contractors are complex, and there are areas which are open to interpretation. Definition of independent contractor for workers’ comp  … Read more

Can the workers’ comp defense attorney threaten to have me deported to force a low settlement?

Threatening to have a worker deported for filing workers’ comp is unethical and Georgia’s Court of Appeals has upheld that undocumented workers who are injured on the job can receive workers’ comp benefits. Filing a workers’ comp claim does not trigger deportation Many undocumented workers fear that filing a workers’ comp claim  will result in  … Read more

Will the workers’ compensation insurer send me a 1099 or W-2?

You will not receive a W2 for workers’ comp because workers’ compensation benefits are not taxable income for the vast majority of injured workers. That means that the workers’ compensation insurer will not send you tax forms accounting for any weekly TTD (temporary total disability) checks or settlement funds from the previous year. Because workers’  … Read more

Can exotic dancers get workers’ compensation benefits in Georgia?

If an exotic dancer is injured at work, can she get workers’ comp? Dancers in the adult entertainment industry are almost guaranteed to be classified by their employers as independent contractors for both tax purposes and workers’ compensation in Georgia. However, just because your boss tells you your injury does not qualify for workers’ comp–because  … Read more

If I’m an injured worker on workers’ compensation disability benefits, when will my payments run out?

Wondering how long workers’ comp benefits last in Georgia? If your workers’ comp claim has been accepted, you’re getting disability payments while being treated by a workers’ comp doctor and you can’t work, the maximum amount of time you can receive temporary total disability (TTD) benefits is 400 weeks (about 7.5 years), unless your claim  … Read more

Can the workers’ comp insurance company’s lawyer talk to my doctor without me?

Wondering if your employer or workers’ comp representative can talk to your doctor when you’re not present? The short answer is: yes. According to O.C.G.A. § 34-9-207 , when “an employee has submitted a claim for workers’ compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses,  … Read more

Can my spouse get paid as an attendant care provider under Georgia workers’ compensation law?

Attendant care services may be available through workers’ comp in Georgia when a workplace accident results in injuries that cause the worker to be unable to care for themselves at home. What are attendant care services? Attendant care helps the injured or disabled worker perform day-to-day tasks that they would normally perform for themselves. A  … Read more

If I’m on workers’ compensation disability in Georgia, am I required to see the panel doctor?

If you’re injured on the job in Georgia, your employer should direct you to a workers’ comp panel of physicians immediately after reporting a workplace injury and in accordance with the Georgia Workers’ Compensation Act. You must  pick from this list if it is valid. What is the workers’ comp panel of physicians? The panel of physicians contains six doctors  … Read more

Can I get workers’ compensation benefits from jail?

In Georgia, an injured worker may continue to receive workers’ compensation benefits when in jail after an arrest while awaiting trial. However, they will not be able to continue receiving them when incarcerated after a conviction. Temporary total disability (TTD),  temporary partial disability (TPD) and permanent partial disability (PPD) are no longer options once the  … Read more

I’m an undocumented worker without a social security number. Can I get workers’ comp in Georgia?

No matter the term you use, illegal aliens, illegal immigrants, undocumented immigrants or undocumented workers, Georgia courts have ruled that undocumented workers are entitled to workers’ comp benefits. Why does workers comp cover undocumented workers? Workers’ compensation coverage comes via a contract with an insurance provider that includes employees of a qualifying employer. If that  … Read more