Legal Question in Workers Comp in Georgia

Re: workmans compensation

While there are some potential issues with the handling of workers' compensation claims for undocumented workers, undocumented workers' are entitled to receive benefits for accidents that occur within the course and scope of their employment, so long as the employer is subject to the Georgia Workers' Compensation Act. I have handled and continue to handle many claims such as the claims described in the question.

Re: workmans compensation

Your immigration status does not stop you from receiving workers compensation benefits. Under Georgia law, undocumented workers are eligible for benefits if they are injured on the job. Please feel free to call or email for more info.

Re: workmans compensation

Regardless of immigration status, an employee who is unable to work due to an on-the-job injury is entitled to wage replacement benefits as well as compensation of medical bills. If the worker's doctor releases the worker back to work with restrictions, the employer must provide a suitable job offer that falls within these doctor-imposed restrictions. If the employer does not have a suitable position available, the insurer must pay wage replacement benefits.

The law is not quite settled on whether an employer can request proof of documentation at the time of the return to work and/or whether the employer can use the worker's status against him. It is definitely worth filing a worker's compensation claim against the employer, even if the worker is undocumented. If the employee has been returned to work with restrictions and fired, the employee should still peform a diligent job search, and he or she may be entitled to the difference between his pre-injury wages and his post-injury wages, if they are lower. Since the law is still unclear on these return-to-work issues, a good case could be developed to impact workers' compensation law.