Category: Workers’ Compensation Insurance


Overhaul the Georgia Workers’ Compensation system? No, no, no. No.

There was much talk last year of overhauling the Georgia workers’ compensation system. Some interests planned (and perhaps still plan) to ask the Legislature to further regulate medical treatment under the Georgia worker’s comp system by imposing medical treatment guideline regulations. This is a bad idea for many reasons, but I want to discuss of a few  … Read more

Workers’ Compensation fraud means we all hemorrhage dollars.

If you were to hear the phrase ‘workers’ compensation fraud’, what would it bring to mind? It seems that most people might assume that phrase means that the system is being gamed by employees seeking benefits to which they are not entitled. In fact, the phrase ‘workers’ compensation fraud’ more aptly describes the actions by  … Read more

Can my social media use somehow become part of my workers’ compensation case?

Where worker’s compensation cases are concerned, insurance company attorneys will look for information about a Plaintiff wherever they can. Well, it appears that –for the most part– enthusiastic users of social media sites and applications can rest easy for now; some recent legal decisions indicate that judges aren’t in any hurry to give blanket access to Plaintiff status  … Read more

What can I do if someone associated with my workers’ comp case violates my health information privacy rights?

When you file a workers’ compensation claim in Georgia, you’ll need to sign a WC-207 release that allows the workers’ compensation employer/insurer to access medical records reasonably related to your injury at work.  Medical records may, of course, be shared between different doctors and specialists.  However, sometimes medical information that is protected is shared with  … Read more

When can I get assessed attorney’s fees in a workers’ compensation case in Georgia?

One can be awarded attorney’s fees–in addition to the amount awarded, as opposed to as a percentage of the amount awarded–in a few instances under the Georgia Workers’ Compensation Act. Basically, the insurance company needs to have behaved “unreasonably.” While getting an Administrative Law Judge to find that an insurance company or its attorney has  … Read more

How can I research other Georgia workers’ compensation Administrative Law Judge decisions?

The Georgia State Board of Workers’ Compensation has, relatively recently, added a hyperlink on its website that allows searching for Administrative Law Judges’ decisions from workers’ compensation hearings in Georgia. So, if you’re wondering what a workers’ comp decision looks like, what’s important v. unimportant to an ALJ, or what issues are most frequently litigated, take a  … Read more

How much tax do I owe on my workers’ compensation settlement in Georgia?

Unless your workers’ compensation payment reduces your Social Security benefits, the amount paid pursuant to a settlement or other judicial award are NOT taxable income, per IRS Publication 525. If your Social Security benefits have been reduced because of your workers’ compensation benefits, only that portion of your workers’ comp benefits is taxable. In addition to settlements, TTD (temporary  … Read more

Does the insurance company have to settle my workers’ compensation case?

The workers’ compensation insurer does not have to settle your workers’ comp claim in Georgia, but it usually will at some point. Because an accepted workers’ comp claim (i.e., one in which you have received disability benefits) means you are owed medical care related to your injury for the rest of your life, absent some  … Read more

If I’m getting medical benefits from workers’ comp, do I need an attorney?

If you’re currently on workers’ compensation benefits and are getting medical care through the workers’ comp doctor, please know that the doctor has been chosen by the insurance company with the expectation that you are to be released back to full duty work as quickly as possible for as little cost as possible and with  … Read more

I can’t make ends meet on temporary disability benefits. Do I have options?

Certainly, living off of 2/3 your pre-injury wage can be difficult, especially if you used to make more than $750/week and are stuck at the maximum workers’ compensation rate in Georgia of $500/week. There are a couple of options you can employ to try and get some assistance. First, there are several companies that offer  … Read more