Legal Question in Workers Comp in Georgia

Re: Company goes Under, am I still covered.

The law requires an employer with 3 or more employees to provide workers' compensation coverage for injuries occuring on the job. Employers usually do so with an insurance policy. Sometimes they qualify as self insurers. Regretably, sometimes they fail to have coverage. Even in this case, the law provides remedies. Depending on the circumstances, you may even be able to proceed against the owners or individuals responsible for providing the compensation coverage. In all but the last case, your claim would proceed as usual because the coverage is still in place. In the last case there wasn't coverage at the time of your injury, and your claim becomes more complicated and may ultimately be unrecoverable.

Re: Company goes Under, am I still covered.

Since you are already receiving workers' compensation indemnity benefits, it seems clear that they have accepted your claim as a compensable one. Regardless of whether your employer closes shop or not, the only way they can suspend your benefits is if you receive a regular duty release from your doctor or if they can provide you a light duty job within your restrictions and limitations. You are covered under workers' compensation regardless of the status of your employer. Many people believe that entitlement to workers' compensation ends if you are fired or if your employer closes down and that is not correct. As far as the length of time you will be covered, that depends on a number of things. More-or-less, you are legally entitled to draw indemnity (money) benefits for 400 weeks from the date of your injury unless released to regular duty or you find a job making pre-injury wages or your employer provides you a suitable job. You are also entitled to medical care for life so long as the medical continues to be for the original injury (not for an aggravation). Good luck and please do not hesitate to call if you have any questions.