Roswell Workers’ Comp: Are You Sabotaging Your Claim?

Navigating the complexities of the workers’ compensation system after an injury in Roswell, Georgia can feel overwhelming, especially when misinformation abounds. Are you sure you know your rights, or are you operating under common misconceptions that could jeopardize your claim?

Myth #1: I can’t file for workers’ compensation because my employer says I was at fault for the accident.

This is a widespread misconception. Georgia’s workers’ compensation system is a “no-fault” system. This means that, in most cases, you are entitled to benefits regardless of who caused the accident. According to the State Board of Workers’ Compensation ([SBWC](https://sbwc.georgia.gov/)), the primary consideration is whether the injury arose out of and in the course of your employment.

Now, there are exceptions. If you were injured because you were intoxicated or were willfully violating safety rules, your claim could be denied. O.C.G.A. Section 34-9-17 outlines these specific instances. But simply being “at fault” in the sense of making a mistake usually doesn’t disqualify you. We had a case last year where a client tripped while carrying boxes at a warehouse near the Holcomb Bridge Road exit off GA-400. Her employer initially denied the claim, arguing she was clumsy. We successfully appealed, demonstrating that her injury arose from her job duties, not willful misconduct. For more information, see our post on how fault doesn’t kill your claim.

Myth #2: I don’t need to see a doctor approved by my employer. I can go to my own physician.

While you have the right to choose your own doctor in some circumstances, initially, your employer (or their insurance company) has the right to direct your medical care. This means they get to choose the authorized treating physician. Under O.C.G.A. Section 34-9-200, you must treat with this doctor for a certain period, typically until you request a change of physician.

Here’s what nobody tells you: failing to follow this process can lead to your medical bills being denied. After all, insurance companies are looking for ways to save money.

Now, after you’ve treated with the authorized physician, you can request a one-time change to another doctor. You can also request to treat with a physician from a posted panel of physicians. The panel of physicians must meet specific requirements. The employer has to post the panel conspicuously at the workplace. If the panel is invalid, you may be able to select your own doctor. We once handled a case where the employer’s panel only had one doctor listed – clearly violating the requirements. We were able to get our client approved to treat with their physician of choice. If you’re in Roswell and are getting all you deserve, make sure you understand your rights.

Myth #3: My workers’ compensation benefits will cover my full salary while I’m out of work.

Unfortunately, workers’ compensation benefits in Georgia do not replace your full salary. Instead, you’re typically entitled to two-thirds (66.67%) of your average weekly wage, subject to a maximum weekly benefit. For 2026, that maximum is set by the SBWC, and it changes annually.

Here’s a critical point: that average weekly wage is calculated based on your earnings in the 13 weeks before your injury. If you had a period of unpaid leave or reduced hours during that time, it can significantly lower your benefits. I had a client who worked as a server at a restaurant near the Roswell Town Center. Because the 13 weeks prior to her injury included a slow season with fewer shifts, her benefits were much lower than she expected. To ensure you’re getting paid enough, it’s crucial to understand how your average weekly wage is calculated.

Myth #4: If I settle my workers’ compensation claim, I can still get future medical treatment related to my injury.

This is a dangerous assumption. Settling your workers’ compensation case typically means you are giving up all rights to future benefits, including medical care. A settlement is a final resolution.

There are two main types of settlements in Georgia workers’ compensation cases: “full and final” settlements and settlements that leave medical benefits open. Full and final settlements are more common. Before you sign any settlement agreement, understand exactly what you are giving up. Get it in writing. Talk to a lawyer. I cannot stress this enough. These are myths that could cost you!

Myth #5: Independent contractors are covered by workers’ compensation in Georgia.

Generally, independent contractors are not covered by workers’ compensation. Workers’ compensation is designed to protect employees. The distinction between an employee and an independent contractor is crucial.

Georgia courts and the SBWC consider several factors to determine whether someone is an employee or an independent contractor. This includes the level of control the employer has over the work, who provides the tools and equipment, and how the worker is paid. Just because an employer calls you an independent contractor doesn’t automatically make it so. If you believe you’ve been misclassified, it’s worth consulting with an attorney. We’ve successfully argued for employee status for workers who were wrongly classified as independent contractors, securing them the benefits they deserved.

Don’t let misinformation dictate your workers’ compensation claim. If you’ve been injured on the job in Roswell, knowing your rights is the first step toward securing the benefits you deserve. Contact an experienced attorney to discuss your situation and ensure your claim is handled properly.

If you’re facing a denial or struggling to understand your benefits, don’t wait. Document everything, gather your medical records, and seek legal counsel to review your options. An informed decision is your best defense against a system that often favors the employer.