Question 1

What is a "panel of physicians" in workers' compensation?

Accepted Answer

A panel of physicians is a list of doctors, selected by the employer, from which an injured employee can choose to receive medical treatment. In Georgia, an employee can select one doctor from this list and is allowed to make one change to another doctor on the same panel. This system gives both the employer and the employee a say in the medical care provided.

Question 2

What are the requirements for a valid panel of physicians in Georgia?

Accepted Answer

To be considered valid, a panel of physicians in Georgia must meet several specific requirements: It must list at least six physicians or professional associations that are reasonably accessible to employees. At least one physician must be an orthopedic surgeon. It cannot include more than two industrial clinics. The panel should include at least one minority physician. It must be posted in a prominent and conspicuous place on the employer's premises. The employer must take reasonable measures to ensure employees understand how the panel works and their right to select a doctor from it.

Question 3

What happens if an employer's panel of physicians is invalid?

Accepted Answer

If the panel is invalid, the employer loses control over the employee's medical care. This is a very significant consequence, as it means the injured employee can go to any doctor they want for treatment. This can lead to higher medical costs, longer recovery periods, and a general loss of control over the direction and cost of the claim.

Question 4

Why is it a mistake to fire an employee immediately after they file a workers' compensation claim?

Accepted Answer

Firing an injured employee right away is a costly mistake for several reasons: Loss of Light-Duty Offer: It eliminates your ability to offer a light-duty job to the employee, which is a primary tool for suspending weekly disability benefit payments. A job offer made to a terminated employee is unlikely to be considered a good-faith offer by the State Board. Increased Legal Risk: It can expose the company to lawsuits under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Weakened Negotiating Position: It removes a major bargaining chip in settlement negotiations. The ability to bring an employee back to work can significantly lower the settlement value of a case; without it, you will likely pay more.

Question 5

How can an employer protect itself from liability when hiring subcontractors?

Accepted Answer

A company can be held liable as a "statutory employer" for injuries to a subcontractor's employee if that subcontractor doesn't have workers' compensation insurance. To protect yourself, you should always require any subcontractor or independent contractor you hire to provide a certificate of workers' compensation insurance. You should also verify that their coverage remains active for the entire time they are working for you.

Question 6

What are the consequences of not carrying required workers' compensation insurance?

Accepted Answer

Failing to have legally required workers' compensation coverage is a serious and costly mistake. The penalties include: A 10% increase in income benefits owed to the injured worker. An additional 15% penalty for any late payment of benefits. The requirement to pay the employee's attorney's fees. It is a misdemeanor offense. Most importantly, the person at the company responsible for obtaining insurance can be held personally liable for paying the benefits if the business cannot.

Question 7

How can an employer misclassify an employee as an independent contractor?

Accepted Answer

In Georgia, a worker is considered an employee unless they meet three specific criteria to qualify as an independent contractor: There is a contract that intends to create an independent contractor relationship. The worker has the right to control the time, manner, and method of the work. The worker is paid a set price per job or per unit, not hourly or by salary. If you pay someone hourly or dictate their work schedule and methods, they will be considered an employee for workers' compensation purposes, regardless of what their contract says.

Question 8

What should an employer do as soon as an employee reports an injury?

Accepted Answer

You should conduct a thorough investigation immediately. Ask the employee for the specific date, time, and location of the injury. Ask how it happened and if there were any witnesses. If an employee simply calls in to report they are "hurt," always ask if the injury is work-related. Secure and save all evidence, especially any relevant security camera footage. Do not erase video footage, even if it appears to show nothing, as destroying potential evidence can lead to legal sanctions against you.

Thomas L. Walker

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