Worker’s Compensation:
10 Misconceptions That Can Cost You Plenty
− Jodi Brenner Ginsberg, Georgia Attorney at Law
Misconception #1 – “My employer has always treated me like family; they wouldn’t try to take advantage of me now that I’m hurt.”
The Truth: Your work injury claim will be handled by an insurance adjuster, not the company owner or your human resources supervisor. Insurance companies see you as a claim number – every dollar they pay out reduces their profit. Do not expect any sympathy or understanding from a claims adjuster whose main goal is to save money for the insurer.
Misconception #2 – “The doctors listed on my employer’s posted panel are high quality and will offer me all necessary care.”
The Truth: The workers’ compensation insurance company does not want to spend money on your claim so they put doctors on the posted panel who are less likely to order expensive tests. Many times, physicians on a posted panel get all of their business from workers’ compensation insurance companies so financial considerations influence their treatment decisions.
Misconception #3 – “My injury is legitimate, so the insurance company will pay my weekly wage benefits on time and without a fight.”
The Truth: Many insurance adjusters take the position that every claimant is exaggerating his claim, if not outright faking. If they delay issuing checks on time, they hope that a percentage of workers filing claims will get frustrated and go back to work regardless of injury. In short, just because your injury is 100% legitimate, don’t assume that guarantees you that you will be treated fairly.
Misconception #4 – “The benefits coming to me under workers’ compensation are set out by law – there is nothing a lawyer can do to increase what I get.”
The Truth: Georgia workers’ compensation law involves as much litigation and disagreement as divorce law. The law cannot cover every situation and workers compensation insurance adjusters and attorneys know how to use their experience to delay paying benefits and to make lowball offers. To them, you are a claim number, not a person. An experienced workers’ compensation lawyer can level the playing field and keep you from being victimized.
Misconception #5 – “My boss wants me to use my group health to cover my medical bills. He says that his insurance premiums will go up if I file a workers’ comp claim. It’s no big deal if I want to help him out, is it?”
The Truth: Georgia law says that a covered worker who is injured on the clock is covered automatically by workers’ compensation and becomes eligible for all benefits provided under the law. If you do not pursue your workers compensation claim on a timely basis, you could lose out on a lump sum settlement and end up permanently injured with no care.
Misconception #6 – My employer is not allowed to fire me while I am out on workers’ comp.
The Truth: Georgia is an “at will” employment State so your employer can fire you. However, you do not lose your workers comp claim if you are fired. Your claim continues until it is settled.
Misconception #7 – “My workers’ comp. benefits stop automatically if my employer fires me.”
The Truth: Once your claim has been filed, it continues regardless of whether you are fired.
Misconception #8 – “The insurance company cannot refuse to pay for a surgery that my treating doctor recommends.”
The Truth: The insurance company can most likely find a doctor to review your file and write a report saying that you do not need surgery. Insurance adjusters sometimes use delay tactics to try to make you frustrated so that you will give up or settle cheap.
Misconception #9 – “I can collect benefits for my pain and suffering.”
The Truth: There are no pain and suffering damages payable in a workers’ compensation claim. You can get paid for your economic loss (i.e. missed work) and for any permanent disability or loss of function.
Misconception #10 – “I should try to go back to work as soon as I can.”
The Truth: You should go back to work only when your doctor releases you and your medical condition has stabilized. Under the workers compensation law your employer is required to accommodate you for any temporary loss of full function if and when you return to work.
Now What?
If you read this 1st part of the Worker’s Comp Survival Kit and are astonished by what you read, then please make sure you look for Part 2 coming tomorrow entitled, “7 Tips for Maximizing the Benefits You Receive.”
Don’t miss it!
P.S. I hope you find this Survival Kit valuable but I want to emphasize that you should not consider anything in this Kit or on this website as legal advice. I can only offer legal advice to clients who have hired me by signing a written retainer agreement. So if you would like to learn more about Georgia workers’ compensation law impacts you based on the facts of your case, please call me today. Thanks!