How Does Workers Compensation Law Work in Georgia?
The term “Workers’ Compensation” refers to a system of laws outlining specific benefits to which injured employees are entitled, and the procedures for obtaining such benefits. Every state has its own Workers’ Compensation laws, which are contained in statutes and vary somewhat from state to state. In addition, there are special, federal Workers’ Compensation laws for employees of the federal government and other, specific types of industries.
Thanks for all the advice on my case. It helped me to understand more about workers compensation. I am still on worker’s comp and still trying to settle with the lawsuit, but I am patient. Thank you for helping me through a very difficult time in my life. Your staff was always willing to help answer any questions. Thanks again. Angela D. – Oxford, Georgia
What Happens if I Was Injured While Making Deliveries For My Company?
Any injury that occurs while engaged in the course and scope of duties imposed upon the employee is considered a work-related injury. Even if a worker is injured while away from the employer’s work site, if he becomes injured while engaged in work duties, the injury or occupational disease may be covered by Workers’ Compensation Law, Personal Injury Law, or both.
I would recommend my family and friends to Mr. Scott Slappey. I have never had anyone to treat me with so much concern, keep me abreast on everything and answer all my questions. I saw the Christian in him. If I ever need a lawyer he would be the first person I would call. I thank God for leading me to Mr. Slappey. I had called several lawyers in Columbus and they told me no. Barbara M. – Columbus, Georgia
Who Must Carry Workers’ Comp in Georgia?
In Atlanta every business with three or more employees must have some form of Workers’ Compensation insurance to cover injured employees. Filing a Workers’ Compensation claim is similar to filing an insurance claim; it isn’t a lawsuit against an employer, but rather a request for benefits. If you have been injured at work, attorneys experienced in Workers’ Compensation law can explain the complexities of Workers’ Compensation and help you secure the maximum benefits to which you are entitled.
What Does Workers’ Compensation Cover in Georgia?
In most work-related injuries, an injured employee’s recovery is limited to Workers’ Compensation benefits. This means the employee cannot sue the employer. However, careful analysis of the cause of injury is important because there may be other avenues of responsibility and recovery.
Workers’ Compensation provides three basic benefits:
- Payment of medical bills/expenses for all treatment related to the on-the-job injury or accident;
- Payment of a weekly monetary benefit called Temporary Total Disability (TTD) if you cannot return to work because of the workplace accident or if you are not able to earn the same amount of money as before the workplace accident;
- Payment of a disability related monetary benefit if you are issued a permanent partial disability (PPD) rating from a doctor.
Why Would I Need a Workers’ Comp Attorney?
A competent lawyer will help you to address light duty work issues, make sure the Workers Compensation doctors treat you fairly and provide all the treatment you need, and help you navigate the Workers’Compensation medical system. Certain doctors and treatment facilities are well known to put the employer’s interests in front of your interests – we can direct you away from these doctors. As an injured worker who is receiving benefits, you are entitled to a change of physician (panel switch) and an Independent Medical Examination (IME).
If you feel you are being asked to return to work before you are capable – or your employer is refusing to abide by the light duty work restrictions issued by your doctor – you will need an attorney to resolve these issues with your best interests at heart.
What Kind Injuries Are Covered By Workers Compensation?
Workers’ Compensation injuries do not have to be the result of a specific accident, such as a slip and fall or a car collision on the way to work. Georgia Workers’ Compensation law also includes common repetitive use injuries such a carpal tunnel, cubital tunnel, tom rotator cuffs, meniscus tears in the knee and numerous other conditions. An employer will rarely recognize its responsibility for such repetitive use injuries without the involvement of a lawyer. With the competent and experienced help of Slappey and Sadd, you can obtain the benefits you are entitled to for any and all injuries covered by Georgia Law.
Claims for catastrophic injuries such as traumatic brain damage, loss of limbs or senses, severe spinal cord damage, paralysis and other debilitating injuries may provide the injured worker with lifetime weekly money benefits and lifetime medical coverage. Settlement of Workers’ Compensation claims should be handled by an attorney qualified to properly evaluate cases and obtain maximum recovery.
I never even dreamed I would have the need to call on a lawyer. But, thank goodness someone referred me to Scott Slappey. I can honestly say Scott put 110% into my case. He never gave up and never let me give up. In the end we were very successful, and I appreciate all Scott and his office staff did to help my case.
Rebecca D. – Claxton, Georgia
Call 404-255-6677 or 888-474-9616 to speak with an Atlanta workers compensation attorney and receive a free accident lawsuit evaluation and to determine whether you have a valid personal injury claim as a result of the actions of a 3rd party.
Workers Compensation Attorney Atlanta
The Bureau of Labor Statistics has revealed that there are approximately 5,000 injuries that result in fatalities each year in U.S. workplaces. In fact, around 4% of workers are affected by non fatal injuries every year. Normally, workers compensation laws will cover most injuries suffered in the work place. This is an amount of money provided by your employer to cover your losses while you are affected by an injury which occurred at work.
Generally, limits are set for workers compensation, unless there is evidence that an employer has acted recklessly and these actions have resulted in a serious injury to the employee.
There is a process for claiming workers compensation
If you have been injured, however minor an injury, your employer will expect you to file a report on a designated accident form available in your workplace. In most states there is a time limit set for filing the form. The accident date and a description of the accident should be filled in and it should be handed to your supervisor who will sign it. You must make a personal copy of the completed form, too.
Once workers compensation has been approved you can expect it to cover
- medical costs
- disability benefits
- permanent disability entitlements
Under workers compensation all medical costs are covered, but initially you may not have a choice of doctor or medical facility to undertake your treatment. Once a certain period of time has passed you may be permitted to change to a doctor of your choice. If you are unable to undertake your job because of your injury, you might receive, temporarily, total disability benefits. On average the entitlement may be calculated to be two thirds of your wage. If you are permanently disabled by your work injury, permanent disability benefits may be available. These could cover you for up to 10 years.
When is a personal injury claim not workers compensation a possibility?
Unfortunately, worker’s compensation law tends to favor the employer more than the employee, so the pain and suffering and financial loss suffered by a worker when he or she is seriously injured is not always covered by workers compensation. Today, many workplaces are filled with contractors working on a variety of tasks and individually they take directives from their contracting company and are paid by them. If one of them causes an accident and you are injured it might be hard for you to claim workers compensation from your employer. In this situation you may have to file a personal injury claim against the contractor who caused the accident.
An example of a situation such as this is if you are employed directly on a construction site by the owner of the site and a contracted crane operator accidentally drops a load on top of you and you are injured, it is not technically your employer’s fault. It is important in a situation like this to contact an experienced workplace injury attorney who will assess your situation and decide how you should best be compensated. Most personal injury attorneys offer a free consultation and do not ask for upfront fees. The legal costs are normally only paid once the settlement has been reached.