Georgia Workers’ Compensation FAQ’s

January 02, 2018

Accidental injuries that occur at work are handled by workers’ compensation programs. This means that these claims are treated differently from other personal injury lawsuits. If you suffered an injury while working, or while at work, will likely be able to collect workers’ compensation.

Who can collect workers’ compensation?

Most employers are required to hold workers’ compensation insurance. Some industries are exempt, and some very small businesses might not be covered, but most employees will be covered their first day of work.

What types of injuries are included?

For an injury or illness to be covered by workers’ compensation, the injury must have occurred at work, or while you were involved in a work-related activity. In addition to accidental injuries, such as bone fractures that occur as the result of a fall, illnesses are also covered by workers’ compensation. For instance, mesothelioma, a type of cancer, is often the result of work related exposure to asbestos, and could, therefore, be covered by workers’ compensation. In some cases, psychological harm, such as post-traumatic stress disorder, might qualify too, although it is often harder to prove.

What if I caused the accident?

Workers’ compensation is not fault-based. If you caused your own injury because you were careless, this will usually not impact your claim. There are some cases where you might not be able to collect compensation because of the way that you caused your own injury. For example, if you were involved in a crime at work when your injury occurred, then you will not be able to collect compensation. However, in most scenarios, it will not matter that you caused your injury, nor whether your employer was not negligent.

What type of compensation can I collect through my workers’ compensation claim?

Workers’ compensation covers the costs of your medical care and rehabilitation and some of your lost wages during the time that you miss from work as the result of your injury. These claims differ from civil lawsuits, where you can collect damages for pain and suffering and emotional distress.

Can I file a lawsuit against my employer for negligence?

You probably cannot file a civil lawsuit against your employer. While employees benefit from workers’ compensation’s no-fault system, employers benefit too because they are protected from lawsuits.  However, if a third party other than your employer or co-workers contributed to or caused your injury, you can pursue a personal injury claim against the third party to recover compensation for medical expenses, lost wages, Pain and Suffering and more - even if you are also pursuing a workers' compensation claim.

If workers’ compensation is no-fault, why was my claim denied?

Even though workers’ compensation is not based on fault, insurance companies often deny claims. Denials might occur because they believe you have exaggerated your injury, or that your injury was not work-related. If you believe your claim was wrongfully denied, you can file an appeal.

However, if you suffered a workplace injury, you should consult with one of our workers' compensation attorneys to learn about your legal rights as well as what steps can be taken to protect those rights.

Put Our Law Firm's Over 33 Years of Legal Experience to Work For Your Case!

If you or a loved one has been injured in an auto accident caused by someone else's negligence, contact Montlick & Associates today for your free consultation with an experienced Personal Injury Lawyers in Georgia. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-three years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

Your Time to File a Claim is Limited By Georgia Law

There are time limitations for bringing a claim. Be sure to read our "Georgia Statute of Limitations" page for more information about important deadlines that effect your ability to file an injury claim. We also provide a "A Guide to Personal Injury Law in Georgia" that will help you better understand the laws the affect your case.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.


Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333  

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.