Who Is Covered by Georgia Workers’ Compensation?
Under Georgia law, every employer with more than three employees is required to carry workers’ compensation insurance. At the law firm of Hilley & Frieder in Atlanta, our attorneys represent workers throughout Georgia who have been injured on the job, including undocumented workers. The following are just a few examples of the types of workers we represent:
- Construction workers
- Truck drivers
- Industrial workers
- Factory workers
- Assembly line workers
- Manufacturing plant workers
- Health care workers
Independent contractors may be also be eligible if they should have been classified as employees under Georgia law. Some employers misclassify workers to avoid paying them benefits.
What if I Live or Work Outside of Georgia?
Employees who are based in Georgia and suffer work injuries outside the state are entitled to Georgia workers’ compensation benefits. They should notify their employers of the accident within 30 days and file their claims in Georgia.
You can continue to receive Georgia workers’ compensation benefits even if you move outside the state.
If you live in Alabama, Tennessee, Florida, South Carolina or North Carolina, but are injured in Georgia, you may still have a Georgia workers’ compensation claim. If your employer is based in Alabama, Tennessee, Florida, South Carolina or North Carolina, but you are injured in Georgia, you may still have a Georgia workers’ compensation claim. You may have a choice of which system is the one for your case. You should look at each state where you can file a claim and decide which state’s workers’ compensation is best for you.
The amount of workers’ compensation benefits you receive and how you get those benefits is different in different states. If you have a choice of where to file, you should talk with a workers’ compensation lawyer for each state from which you can choose before you decide. Usually the state suggested by the insurance company is the best state for it, not for you.
We represented a worker who worked from Georgia, but was injured in Tennessee. The insurance company started his claim in Tennessee. We moved the claim to Georgia and increased his weekly benefit from less than $155 per week to $500 per week going back to the date of injury. The increased weekly benefit helped support him while he finished getting treatment for his injury. Also, since any settlement is tied to weekly benefits, the tripling of his weekly benefit made a tremendous difference in the settlement that he received.
We represented a worker who lived in Alabama, but worked in Georgia. The insurance company started his claim in Alabama, where he was paid $212 per week. We moved the claim to Georgia, where we raised his benefit to $500 per week going back to the date of disability. The increased weekly benefit helped support him while he finished getting treatment for his injury. Also, since any settlement is tied to weekly benefits, the tripling of his weekly benefit made a tremendous difference in the settlement that he received.
What if I Was Injured While Traveling?
Most activities of employees traveling outside the state are covered by workers’ compensation insurance, but there are exceptions. For the purposes of filing a workers’ compensation claim, you are considered a Georgia employee if:
- The contract of employment (express or implied) was made in Georgia
- Your place of residence is in Georgia, unless the contract of employment was made expressly for work to be done exclusively outside the state.
As an injured employee, you have rights, and you should not hesitate to exercise those rights. If you have been injured while traveling outside Georgia, Hilley & Frieder can represent you, seeking all of the workers’ compensation benefits you deserve.
Contact Our Atlanta Law Office Today
For a free consultation about a workers’ compensation claim, contact Hilley & Frieder. We represent clients throughout Georgia from our Atlanta offices. Call us at 404-233-6200 or complete our contact form.
Ronald Hilley was the contributing attorney to this content.