Workers’ Compensation Claims: What Are Your Rights After a Workplace Injury?

Georgia’s workers’ compensation system exists to support injured workers, but many people aren’t sure where to start or what rights they truly have.

At Mitchell & Mitchell, PC, we’ve stood beside workers throughout Georgia who have suffered injuries while simply trying to do their jobs. A workplace injury can leave you facing medical bills, time off work, and uncertainty about how to support your family. 

We handle many cases where a workers’ comp claim is closely tied to a personal injury matter. 

While these are different legal categories, a work injury can often raise questions about whether additional claims are possible outside of workers’ compensation. Understanding your rights can help you protect your health, income, and future after a serious injury on the job.

How Georgia Workers’ Compensation Works

In Georgia, almost all employers with three or more employees are required to carry workers’ compensation insurance. This system was designed to provide fast access to medical care and wage benefits without needing to prove fault.

If you’re hurt at work, you generally have the right to file a workers’ compensation claim no matter who caused the accident.

This is very different from a personal injury claim, where you must show someone else was negligent. In a workers’ comp claim, fault doesn’t determine whether you receive benefits. 

That said, there are still limits to what workers’ comp covers—and that’s where our understanding of personal injury law can help expand the scope of recovery in some situations.

You must report the injury within 30 days, though we always recommend doing so as soon as possible. Medical treatment must come from an approved physician under your employer’s plan unless it’s an emergency. 

Weekly income benefits can be awarded if you miss more than seven days of work. These benefits are based on two-thirds of your average weekly wage, up to a maximum amount set by state law.

When a Personal Injury Claim Might Also Apply

Georgia’s workers’ compensation system limits your ability to sue your employer directly for personal injury. However, there are certain situations where a third-party claim may be possible. 

We’ve worked with clients who were injured by faulty equipment, subcontractors, or reckless drivers while on the job. In those cases, a separate personal injury claim might be filed alongside the workers’ comp claim.

That second claim can cover damages not included in workers’ compensation—like pain and suffering or full wage replacement. These are valuable rights under Georgia law, and they can significantly increase the financial support available to you and your family. 

We’ve helped many workers recover from both systems when the law allows it, using workers’ comp to cover immediate needs and personal injury claims to pursue long-term relief.

It’s worth mentioning that not all workplace injuries qualify for a personal injury claim. That’s why we always encourage workers to speak with someone who knows both sides of the law. At Mitchell & Mitchell, PC, we examine every angle of your situation to determine what legal paths are open and how to pursue them effectively.

Medical Care and Treatment Rights

Once you’ve reported your injury, your employer is required to provide medical treatment through their panel of physicians. If your injury needs specialized care or a second opinion, Georgia law gives you some ability to request a change in doctors. We’ve seen cases where workers didn’t know they could make that request, and they suffered from inadequate or delayed treatment.

Your medical care should be fully covered under workers’ compensation, including:

• Hospital visits

• Surgery

• Medication

• Rehabilitation

If a dispute arises over what treatment is necessary, we step in to make sure your medical rights are respected. 

In some cases, we also explore whether the injury stems from a defective product or a dangerous work environment, both of which could form the basis of a personal injury claim.

The quality of your recovery depends on the quality of your care. That’s why we’re committed to helping injured workers get the medical support they need, both through the workers’ comp system and through any personal injury claims that may apply.

Wage Replacement and Disability Benefits

One of the most urgent concerns after a workplace injury is lost income. If you’re unable to work, your family’s financial security may be at risk. Under Georgia’s workers’ compensation law, you can receive weekly income benefits while you’re recovering. 

These benefits are designed to replace part of your lost wages, but they don’t cover everything.

If your injury is severe enough to cause permanent disability, you may be entitled to additional benefits depending on the type and extent of the impairment. We help our clients calculate the right amount, file the necessary paperwork, and fight any denials. 

In some cases, we’ve pursued personal injury claims at the same time to recover damages for emotional suffering and total loss of earning capacity—things workers’ comp does not address.

Temporary total disability, temporary partial disability, and permanent partial disability all have different rules and benefits under Georgia law. We guide our clients through each stage of this process, making sure they’re not left behind because of unclear regulations or missed deadlines.

Employer Retaliation and Job Protection

Some workers are afraid to report an injury because they think they’ll lose their job. Georgia law prohibits employers from retaliating against employees who file workers’ comp claims, but that doesn’t always stop retaliation from happening. We’ve represented clients who were demoted, harassed, or fired after speaking up.

If this happens, we take it seriously. Your right to report a workplace injury and receive medical care is protected by law. Retaliation may give rise to additional claims outside the workers’ compensation system, and in some cases, even a personal injury lawsuit related to emotional distress or wrongful termination.

We make it clear to employers that the law is not optional. Injured workers deserve respect, not punishment. Our firm is ready to stand up for your rights in and out of court if your job is threatened because you asked for medical care and wage support.

Death Benefits for Families

When a workplace injury results in death, Georgia law provides benefits for surviving spouses and children. These benefits include coverage of funeral expenses and ongoing financial support. 

We’ve worked with families during their most difficult moments, and we know how important it is to handle these matters with care and urgency.

In some cases, a personal injury lawsuit for wrongful death may also be appropriate. If a third party caused the fatal injury—through negligence, a defective product, or unsafe practices—a separate claim can help the family recover compensation for loss of companionship, emotional trauma, and future income.

We understand how devastating these situations can be. Our work is guided by a commitment to justice and accountability, especially when families are left to pick up the pieces after an avoidable tragedy.

Time Limits and Filing Requirements

Under Georgia law, the statute of limitations for a workers’ compensation claim is generally one year from the date of your accident or the last medical treatment. Missing that deadline can prevent you from receiving any benefits. 

That’s why acting quickly is so important. The timeline for personal injury claims is different—generally two years from the date of injury—which gives us more time to build a strong case, if appropriate.

We help our clients meet all deadlines and avoid common mistakes that can delay or derail their claims. From the first report of injury to the final resolution, we work to protect your rights and keep your case on track. We’ve seen how easily people can lose their legal benefits just by misunderstanding a form or missing a hearing.

Getting medical attention is always the first step, but getting legal guidance early on can make a big difference in how your case unfolds. We’re here to provide that support and keep your options open.

Protect Your Rights With Personal Attention

At Mitchell & Mitchell, PC, we believe in standing with Georgia workers at every stage of their recovery. We’re proud to serve Dalton, Georgia, and the surrounding areas of Chatsworth, Ringgold, Lafayette, Calhoun, Ellijay, and Blue Ridge. Call today.