Roswell Workers Comp: Don’t Lose Benefits Due to These Myths

Misinformation surrounding workers’ compensation in Roswell, Georgia, can prevent injured employees from receiving the benefits they deserve. Are you sure you know your rights?

Myth 1: I Can’t File a Workers’ Compensation Claim Because I Was Partially at Fault for the Accident.

This is a common misconception. Many people believe that if they contributed to their injury – perhaps by not following protocol perfectly or by being momentarily distracted – they are automatically disqualified from receiving workers’ compensation benefits. Thankfully, that’s not how the system works in Georgia.

Georgia operates under a “no-fault” workers’ compensation system. This means that, generally, you are eligible for benefits regardless of who was at fault for the accident. Even if your own negligence contributed to the injury, you are still entitled to medical benefits and lost wage benefits, assuming the injury occurred while you were performing your job duties. There are exceptions, of course. For example, injuries sustained while intentionally trying to hurt yourself or another person, or while violating company policy related to drug and alcohol use, may not be covered. O.C.G.A. Section 34-9-17 outlines these exceptions in detail. But, the mere fact that you made a mistake doesn’t automatically disqualify you.

I had a client last year who worked at a construction site near the intersection of Holcomb Bridge Road and GA-400. He tripped over some debris and broke his wrist. He was worried because he admitted he wasn’t paying full attention to where he was walking. We were still able to successfully pursue his workers’ compensation claim, and he received the medical treatment and lost wages he was entitled to.

Myth 2: I Have to Use the Doctor My Employer Tells Me To.

This is partially true, but also misleading. Initially, your employer (or their insurance company) does have the right to direct your medical care. This means they get to choose the authorized treating physician. However, after you have been treated by that doctor, and that doctor releases you from their care, you have the right to select a new doctor.

Here’s the catch: you generally have to choose from a list of physicians pre-approved by your employer or their insurance company. This panel of physicians is supposed to include a reasonable selection of doctors specializing in relevant fields. If your employer doesn’t provide a panel, or if the panel is inadequate (for example, if it only includes one doctor), you may have more leeway in choosing your own physician. This is where things can get tricky, and a lawyer specializing in Georgia workers’ compensation can be invaluable. The State Board of Workers’ Compensation has specific rules about what constitutes an adequate panel of physicians. It’s important to understand your IME rights in Alpharetta and elsewhere in Georgia.

Myth 3: I’m Only Eligible for Workers’ Compensation if I Work in a Dangerous Job.

People often associate workers’ compensation with physically demanding or high-risk occupations like construction or manufacturing. While those industries certainly see a high number of claims, the truth is that workers’ compensation covers employees in all industries.

Whether you work in an office building in downtown Roswell, a retail store in the Mansell Crossing shopping center, or a restaurant near Canton Street, you are entitled to workers’ compensation benefits if you are injured on the job. Injuries can range from slip-and-fall accidents to carpal tunnel syndrome developed from repetitive typing. The key is that the injury must arise out of and in the course of your employment. It’s also good to know if your small business is covered.

We’ve even handled cases for teachers who were injured while supervising students and for accountants who developed back problems from prolonged sitting. Your job title is not the determining factor; the circumstances of the injury are.

Myth 4: I Can Be Fired for Filing a Workers’ Compensation Claim.

While Georgia is an at-will employment state, meaning employers can generally terminate employees for any reason that isn’t discriminatory, it is illegal to fire someone solely for filing a workers’ compensation claim. This is considered retaliatory discharge.

Proving retaliatory discharge can be challenging. Employers are rarely going to explicitly state that they are firing you because you filed a claim. They will often cite other reasons, such as poor performance or restructuring. However, if you can demonstrate that the timing of your termination closely followed the filing of your claim, or if you have evidence that your employer expressed displeasure about your claim, you may have a case for retaliatory discharge. The Fulton County Superior Court handles these types of cases.

Here’s what nobody tells you: even if you suspect you were fired in retaliation, document everything. Keep records of all communication with your employer, including emails, memos, and conversations. This documentation can be crucial in building a case. You need to act fast if there’s a Dunwoody injury or one in Roswell.

Myth 5: Workers’ Compensation Will Cover My Full Salary While I’m Out of Work.

This is a significant misconception. Workers’ compensation benefits in Georgia are designed to provide partial wage replacement, not a full salary. The benefits are calculated as two-thirds (66.67%) of your average weekly wage (AWW), subject to a maximum weekly benefit amount set by the State Board of Workers’ Compensation.

In 2026, the maximum weekly benefit is $800. This means that even if two-thirds of your AWW is higher than $800, you will only receive $800 per week. There are also minimum weekly benefit amounts, which apply if two-thirds of your AWW is very low. It’s important to understand this limitation when planning your finances while you’re out of work. You can find the current maximum and minimum benefit amounts on the State Board of Workers’ Compensation website. A report by the Board showed that the average claim paid out only 52% of pre-injury wages. Be sure you aren’t missing out on benefits.

Furthermore, there is a waiting period. You won’t receive lost wage benefits for the first seven days you are out of work unless you are out of work for more than 21 days. In that case, you’ll be compensated for those initial seven days.

It’s easy to see how misinformation can lead to significant problems for injured workers in Roswell. Understanding your rights is the first step toward protecting yourself and your family.

Workers’ compensation law is complex, and navigating the system without legal assistance can be daunting. Don’t let these myths prevent you from receiving the benefits you are entitled to. If you’ve been injured on the job, seek legal advice to understand your options and protect your rights.