1: Can I be fired from my job for being hurt?

In Georgia, we have what is known as a "right to work" state. Your employer can fire you for any reason that does not violate Federal law, such as being fired because of your gender, race or religion. There is also a law under the Americans with Disabilities Act (the ADA) that says that you cannot be fired for your physical limitations and that accommodations must be made for you if you are disabled. However, this does not mean that the Employer will not fire you after you are hurt. Many times, an Employer will find a reason to fire an injured worker that is unrelated to his ability to perform the job. However, entitlement to Workers' Compensation benefits are unaffected by your termination, if that should happen to you.

2: Can I go to any doctor or do I have to go to the "company doctor?"

Your employer should have a panel of physicians posted in a common work area. You may choose a doctor from the panel. If no panel is posted at your work place, then you may go to a doctor of your choice.

3: What if I don't like my doctor?

You are able to make a one-time change from one doctor on the panel to another.

4: Do I have to have surgery if I don't want to?

Absolutely not! In Georgia the law does not require that an injured worker have surgery in order for the worker to be eligible for Workers' Compensation benefits.

5: How long am I eligible for benefits?

If your doctor states that you are unable to work at all, you are eligible for weekly income benefits for up to 400 weeks from the date of injury. If you return to work at a lower salary because you are unable to work a full work week or have to take a job that pays less due to your injury, you are eligible for benefits for up to 350 weeks. Medical benefits for treatment related to the injury may be paid over the course of your lifetime.

6: Can my employer make me work even though my doctor says I shouldn't?

NO. Your refusal to work is a medical necessity and the Employer cannot cut off your benefits or make you work if you are not able.

7: How will I pay to get to and from all these doctor visits?

The Employer/Insurer are responsible for reimbursing you for mileage at 40 cents per mile.

8: I don't have a car. How will I get to the doctor?

The Employer/Insurer is responsible for providing transportation to your medical appointments.

9: Should I sign "paperwork" from the employer?

You should never sign anything document that you don't understand, even if your Employer or Insurer tells you that it will not affect your rights. It would be best to have an experienced attorney look over the documents to make sure that you are not compromising your rights.

10: After I have healed, do I have to go back to my job?

This largely depends on what your doctor has to say about you physical limitations. In addition, in many cases, the Employer prefers that you resign from your job as a condition of settlement. The answer to this question varies on a case by case basis.

11: Is my employer responsible for retraining me to do another job?

This is called vocational rehabilitation which is not required for the Employer/Insurer to pay for unless your injuries are designated as catastrophic injuries.

12: What will happen to my health insurance while I'm recovering?

This depends on the type of health insurance plan that your Employer provides. It would be best to have an experienced attorney review your plan to advise you on what options are available to you.

13: Will the insurer pay for someone to help me at home while I recover?

If your doctor says that you need help at home, then the Employer/Insurer are responsible for paying for someone to assist you.

14: Is the insurance company allowed to have me under surveillance?

Unfortunately, yes. It is common practice for an insurance company to pay a private investigator to put an injured worker under surveillance to try and prove that the injured worker is faking their injury and is capable of physically doing their job.

15: How much money is my case worth?

There are many factors that must be considered to determine the value of your case. These include your earnings pre-injury, your permanent physical disability that resulted from your injury, the cost of any future medical care that you may need and your ability to work in the future.

16: How long before the case is settled?

This depends on how long it takes you to recover from your injuries. Settling a case before you recover is never a good idea, unless the cost of your future medical care can be easily determined or the Insurer will agree to pay for future medical care for a fixed period of time after settlement is reached.