When you sustain a work injury or illness, your primary focus should be on your treatment and healing so you can get back to work. However, like many injured workers, you’re probably preoccupied with financial concerns like how you’re going to pay your bills and medical expenses if you cannot return to work for some time.
Atlanta workers’ compensation attorneys play a critical role in assisting clients with work-related injuries and claims. They help navigate the complex claims process, maximize benefits, and handle appeals effectively. Make sure you review your case with an Alpharetta workers’ compensation lawyer from 1Georgia Injury Lawyers, PLLC to get the benefits you deserve. Call our injury lawyers for a free consultation.
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Understanding Workers’ Compensation
What is Workers’ Compensation?
Workers’ compensation is a state-mandated insurance program designed to provide financial assistance to employees who are injured on the job or become ill due to their work. This program ensures that injured workers receive necessary medical treatment and compensation for lost wages while they recover. In Georgia, the workers’ compensation system operates on a no-fault basis, meaning employees do not need to prove that their employer was negligent to receive benefits. This system aims to support injured workers promptly and fairly, allowing them to focus on their recovery without the added stress of financial burdens.
Eligibility for Workers’ Compensation Benefits
Who is Eligible for Workers’ Compensation Benefits?
In Georgia, most employees are eligible for workers’ compensation benefits if they suffer a work-related injury or illness. To qualify, employees must be working for an employer who carries workers’ compensation insurance. Georgia law mandates that employers with three or more employees must carry workers’ compensation insurance. If you are injured on the job or develop an illness due to your work, it is crucial to report the injury to your employer immediately and seek medical treatment. Prompt reporting and treatment are essential steps in ensuring you receive the workers’ compensation benefits you are entitled to.
What Types of Workers’ Compensation Benefits Can I Receive?
The good news is that most employees who are injured on the job or develop an occupational disease have access to several types of benefits under their employer’s workers’ compensation insurance. Workers’ compensation helps cover medical bills and other associated costs, providing relief to injured workers. Below are some of the benefits available.
Medical Benefits
Workers’ compensation covers all of your medical expenses for work injuries and medical conditions. This includes hospital and emergency room care, diagnostic tests, all necessary and reasonable treatments, physical therapy, and follow-up visits. You can get compensation for certain reasonable personal expenses related to your medical treatment that you incur, such things as mileage, meals, and lodging.
The insurance company plays a crucial role in processing claims and covering these medical expenses. However, claimants might face challenges such as denials based on insufficient evidence or pressure to return to work prematurely.
Note, you must see a company-approved doctor in order for your workers’ compensation to cover medical expenses. Your employer should have a panel of physicians posted in a prominent location. If you run into problems with the provider or the list, contact your HR manager or your attorney.
Income Replacement and Lost Wages
If you lose more than seven days of work because of your injury, you are entitled to receive a weekly income replacement check. Your benefit will total two-thirds of your average weekly wage, up to the maximum allowed under the law, which as of July 1, 2015 is $550. The duration of your benefits depends upon the severity and nature of your injury. Understanding your rights and taking proactive steps, such as attending doctor’s appointments, can help you secure maximum compensation for lost wages. Your attorney can provide you with case-specific information.
Vocational Rehabilitation
If your injuries are catastrophic and you are unable to return to your old job, you can receive vocational counseling and job training assistance.
Death Benefits
The spouse/minor children of the employee are due certain workers’ compensation death benefits if their loved one died as a result of a work accident or illness. They are entitled to receive two-thirds of the deceased’s weekly wages (with a lifetime cap of $220,000), as well as up to $7,500 in funeral expenses.
Types of Workplace Injuries Covered
Injuries During Work-Related Activities
Workers’ compensation in Georgia covers a broad spectrum of injuries and illnesses that occur during work-related activities. This includes incidents that happen on the employer’s premises and those that occur while performing work-related tasks off-site or traveling for work. Examples of covered injuries include:
- Slip and fall injuries
- Repetitive stress injuries
- Severe incidents, such as car accidents or equipment malfunctions
- Injuries caused by lifting or bending
- Injuries resulting from exposure to hazardous materials
It is important to note that not all injuries occurring at work are automatically covered by workers’ compensation. The injury must arise out of and in the course of employment to be eligible for benefits. If you are uncertain whether your injury qualifies, consulting with an Atlanta workers’ compensation lawyer can provide clarity and guidance on your specific situation.
Do I Need an Alpharetta Workers’ Compensation Lawyer?
While you can technically file a workers’ compensation claim on your own, it’s a good idea to secure legal representation. An attorney can be a huge asset to your case. A workers’ comp attorney can help navigate the complexities of workers’ compensation claims and ensure claimants receive the compensation they deserve.
A workers’ compensation lawyer from 1Georgia Injury Lawyers, PLLC can:
- Review your claim and check for thoroughness and errors.
- Ensure your weekly wage was calculated correctly so that you are not shorted benefits.
- Explain your responsibilities and how to conduct yourself so as not to do or say something that could inadvertently harm your eligibility for benefits.
- Ensure you meet all the required deadlines.
- Speak to medical experts and help you compile evidence to support your claim if the employer or insurer questions your condition or denies your benefits.
- Walk you through the appeals process and represent you in hearing if your claim is wrongly denied.
Problems arise in claims all the time, and it helps to have a workers’ compensation lawyer from 1Georgia Injury Lawyers, PLLC on your side to avoid them or deal with them as they arise. One of the greatest advantages to having an attorney on your case is that you will be ready for whatever comes.
For instance, if you disagree with your company doctor’s prognosis or disability rating, your workers’ compensation lawyer will already be familiar with your condition and be able to assist you accordingly.
If your employer tries to retaliate because you filed for workers’ compensation, your workers’ compensation lawyer will know exactly how to handle it. Having a legal advisor ready will prove to be an invaluable resource.
How Do I File or Appeal a Claim?
You can submit a claim (Form WC-14) directly to the State Board of Workers’ Compensation (SBWC), located in Atlanta. Remember to have a workers’ compensation lawyer review it for accuracy and completeness first. After filing a workers’ comp claim, injured employees may be eligible for various benefits, and the settlement process will follow to determine the types of settlements available.
Also, if your claim is denied, you retain the right to request a hearing from the SBWC. This will provide you with an opportunity to present additional evidence to prove your injury and eligibility. Your attorney can explain the appeals process and help prepare a solid, convincing case.
For a free legal consultation with a workers’ compensation lawyer in Alpharetta, GA, and the surrounding areas, contact 1Georgia Injury Lawyers, PLLC at 678-635-9939.
