Workers’ Compensation

Workers’ Compensation

You have been working hard on the job, when suddenly something happens and you are injured while performing your duties. That’s where workers’ compensation can jump in and help ease the recovery process.

How does workman’s comp insurance work in Georgia?

Workers’ compensation, also known as workman’s compensation or workers’ comp, is required for any company with three or more workers. This includes regular, part-time workers and coverage starts your first day on the job.

If you would like to verify that your company has workers’ compensation, please visit www.sbwc.georgia.gov. It is possible to receive social security and workers’ compensation at the same time, but your social security may be reduced.

Consult a Decatur workers’ compensation attorney or Druid Hills work accident lawyer to determine your eligibility for workers’ compensation benefits and how workers’ comp may impact your social security income.

When do I start to be eligible for workers’ compensation in Georgia?

You are eligible to receive workman’s comp benefits starting your first day on the job.

What is a work related injury?

According to the Department of Labor:

You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in §1904.5(b)(2) specifically applies.

What does workman’s compensation cover?

Workers’ compensation, also known as workman’s compensation or workers’ comp, is a type of insurance that pays benefits to workers injured on the job or their dependents. Workers’ comp insurance will pay a portion of your lost wages or income and will cover many of your medical expenses. Other benefits of workers comp may be vocational rehabilitation, temporary and long-term disability, and death benefits.

Contact a Decatur workers’ compensation lawyer like the work injury attorneys at Litner + Deganian to discuss your own eligibility for workman’s comp benefits.

How much does workers’ comp pay for lost wages?

If your accident occurred on or after July 1, 2016, you are eligible to receive two-thirds your average weekly wage, but no more than $575.00 per week for up to 400 weeks. Lifetime benefits may be available if your injury was catastrophic in nature.

Get in touch with a Druid Hills or Decatur workers’ comp lawyer to discuss your own eligibility for benefits.

“Can I sue my employer for a work related injury?” or “Can you sue your employer if you get hurt on the job?”

If you are injured on the job (also known as getting hurt at work or suffering a workplace injury), you likely won’t be able to work for a period of time and also will have medical expenses that need to be paid for.

The workers’ compensation program helps to meet those needs fast but with the trade-off that, if you file a workers’ comp claim, you cannot sue your employer for that same injury. This is sometimes referred to as the “compensation bargain.” Workers’ compensation allows you, the worker, to quickly recover some compensation and get your medical bills paid for without dealing with the courts. However, it also protects your employer from a future lawsuit.

If you were to sue your employer, you would have to go through the courts. It can take years to get to a trial and may be years beyond that to get any form of compensation. There then is the risk that the employer is unable to pay you.

Much like any other legal issue, we recommend consulting with a Decatur or Druid Hills workers’ compensation lawyer to ensure you get the best possible result and the benefits that you are entitled to  under the Georgia workers’ compensation program.

How long can you be out on workers’ comp in Georgia?

If you are unable to work for more than seven days, you are entitled to weekly income benefits and your first paycheck will be mailed to you within 21 days after the first day that you missed work. You will be paid for the first week if you miss more than 21 days.

You can receive benefits for up to 400 weeks if your injury occurred on or after July 1, 1992. Lifetime benefits are possible if your injury is catastrophic in nature. Benefits can be reduced or suspended depending on if you are able to go back to work with limited or no limitations or restrictions.

If you have lost a leg, arm or other part of your body, you will be compensated for 225 weeks, but it will depend on the amount set by the law. You can also be compensated for the loss of your sight and/or hearing.

Contact the workmans’ comp lawyers at Litner + Deganian (serving Decatur and Druid Hills, Georgia and surrounding neighborhoods) to discuss your own eligibility for benefits.

How much is workers’ comp pay in Georgia?

If your accident occurred on or after July 1, 2016, you are eligible to receive two-thirds your average weekly wage, but no more than $575.00 per week.

As a result of your injury, you may only be able to work a lower paying job. If so, you will receive reduced benefits based upon your earnings for up to 350 weeks from the date of your injury. If your accident occurred on or after July 1, 2016, your benefits cannot exceed more than $383.00 per week.

Get in touch with a workers’ comp lawyer to discuss your own eligibility for benefits under the Georgia workers’ compensation program.

How do I file a workers’ comp claim in Decatur or Druid Hills, Georgia?

In order to receive workers’ compensation, you must first file a claim.

When you have been in an accident while on the job, you need to report it to your employer immediately. If you wait more than 30 days, it is possible to lose your benefits.

If your claim does not go through and you have not received your benefits, you have up to one year from the date of your accident to file a Form WC-14 with State Board of Workers’ Compensation.

You may also request a hearing before the State Board of Workers’ Compensation. The trial will then be decided by an Administrative Law Judge. Usually a hearing will take place within 60 days of when the judge receives the Form WC-14.

We highly recommend getting in touch with a workers’ compensation attorney such as those at Litner + Deganian at the beginning of the process to ensure that the best chance of getting results.

Consult a workman’s comp lawyer before making a claim

For more information about workers rights in regards to workers’ compensation, read the Georgia State Board of Workers Compensation’s Employee Handbook.

As you can see, filing for workers’ compensation can be a lengthy and difficult process. If you were injured while working hard for a company, you deserve to be compensated for your injuries.

The workman’s comp lawyers at Litner + Deganian (serving Decatur, Druid Hills, Virginia Highlands, Brookhaven, Chamblee and surrounding neighborhoods) are experts when it comes to Georgia workers’ compensation and making sure our clients get the compensation they deserve.

The Druid Hills workers’ compensation attorneys at Litner + Deganian are here to walk you through each step of the process. We’ll make sure that you always know what is going on with your claim.

Call us today for your free consultation.

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