GA Workers’ Comp: Are You Entitled? Savannah Edition

Misinformation surrounding workers’ compensation in Georgia, particularly in areas like Savannah, can significantly impact your rights after a workplace injury. Navigating the complexities of the system requires separating fact from fiction, especially with the 2026 updates to the law. Are you sure you know what you’re entitled to?

Myth #1: You Can’t Receive Workers’ Compensation if You Were Partially at Fault

Many people mistakenly believe that if they contributed to their workplace accident, they automatically forfeit their right to workers’ compensation benefits. This simply isn’t true in Georgia. While intentional misconduct, being intoxicated, or violating company policy can disqualify you, being partially at fault for an accident doesn’t necessarily bar you from receiving benefits.

O.C.G.A. Section 34-9-17 outlines the specific instances where an employee is not eligible for compensation. Negligence, even if it contributed to the accident, is generally not one of them.

For instance, I had a client last year who worked at a construction site near the Talmadge Bridge. He wasn’t wearing his gloves and injured his hand. While his failure to wear gloves contributed to the injury, he was still entitled to workers’ compensation because his actions weren’t considered willful misconduct. It’s about the employer’s responsibility to provide a safe working environment.

Myth #2: You Can Choose Your Own Doctor at Any Time

This is a common misconception that can lead to significant problems. While Georgia law does allow you to select your own doctor under certain circumstances, there are rules you must follow. The State Board of Workers’ Compensation requires employers to post a list of at least six physicians for employees to choose from.

Initially, you must select a doctor from this list. If your employer doesn’t provide this list, or if you’re unhappy with the provided physicians, you can petition the Board to authorize treatment with a doctor of your choosing.

However, you can’t just go to any doctor you want without following the proper procedures. Doing so could jeopardize your benefits. For instance, if you live near Forsyth Park and decide to see a specialist without authorization after seeing a doctor from the list, your treatment might not be covered. It is important to get authorization.

Myth #3: Workers’ Compensation Covers 100% of Lost Wages

This is another common misunderstanding. Workers’ compensation in Georgia does not replace your entire paycheck. Instead, it provides for two-thirds (66.67%) of your average weekly wage (AWW), subject to certain maximums. The maximum weekly benefit changes each year. As of 2026, the maximum weekly benefit is $800.

Calculating your AWW can be tricky, especially if you work irregular hours or receive bonuses. The insurance company will look at your earnings for the 13 weeks prior to your injury. We often see disputes arise when the insurance company miscalculates the AWW, leading to lower benefits. If you think you are not getting paid enough, it’s worth investigating.

Here’s what nobody tells you: even though the benefit is two-thirds of your wage, that money is tax-free. So, you are not taxed on it.

Myth #4: You Can’t Sue Your Employer for a Workplace Injury

Generally, this is true. Workers’ compensation acts as a “no-fault” system, meaning you receive benefits regardless of fault, but you also give up your right to sue your employer for negligence. This is known as the “exclusive remedy” rule.

However, there are exceptions. If your employer intentionally caused your injury or if they don’t carry workers’ compensation insurance (which is required for most businesses in Georgia with three or more employees), you may have grounds to sue.

Also, you might be able to sue a third party if their negligence contributed to your injury. For example, if you are a delivery driver injured in a car accident caused by another driver while on the job near I-95 and Highway 80, you can pursue a workers’ compensation claim and a personal injury claim against the at-fault driver.

Myth #5: Once You Settle Your Workers’ Compensation Claim, You Can Reopen It Later

The finality of a workers’ compensation settlement is often misunderstood. In most cases, once you settle your claim, you cannot reopen it later, even if your condition worsens. This is why it’s crucial to fully understand the extent of your injuries and future medical needs before agreeing to a settlement.

There are limited exceptions, such as cases involving fraud or misrepresentation, but these are difficult to prove. We ran into this exact issue at my previous firm. A client who worked at the Port of Savannah settled his claim for a back injury. A year later, his condition deteriorated significantly, requiring surgery. Unfortunately, because he had signed a full and final settlement, he was unable to reopen his claim and had to pay for the surgery out of pocket. It’s important to avoid these claim mistakes.

Be sure to discuss all of your options with a qualified attorney before settling your claim.

Navigating the Georgia workers’ compensation system can be overwhelming. By understanding these common myths and seeking legal guidance, you can protect your rights and ensure you receive the benefits you deserve. Don’t assume anything — consult with an attorney specializing in workers’ compensation in Savannah to get personalized advice.