How Our Workers’ Compensation Lawyer Can Help You
In workers’ compensation claims, fault has no bearing on whether or not you can receive benefits. As long as the injury occurred in the course of employment, you can still receive benefits. Few exceptions exist, such as if the injury was intentional or if you were injured while intoxicated or breaking the law. A simple mistake, however, even if it’s your fault, will not keep you from receiving your workers’ compensation benefits and wage reimbursement. If your employer intentionally caused your injury or showed egregious neglect, resulting in your injury, then you may be able to file a lawsuit against the employer. However, in most cases, you forfeit your right to sue by receiving workers’ compensation benefits.
Protecting Your Rights
Georgia’s workers’ compensation laws include a list of rights that apply to all employees who seek workers’ compensation benefits. These include:
- The right to receive benefits for medical care, rehabilitation, income, and surviving family benefits (in the case of death).
- The right to receive payments for all necessary medical expenses, including doctor, hospital, physical therapy, and rehabilitation bills, as well as relevant prescription and travel expenses.
- The right to receive weekly income benefits.
- The right to receive unlimited benefit payments for catastrophic injuries at 2/3 of the average weekly rate, for as long as you are unable to work.
- The right to receive benefit payments for non-catastrophic injuries at 2/3 of the average weekly rate for up to 400 weeks.
Having said that, you will have to meet certain requirements as an employee to be able to receive workers’ compensation benefits in Augusta, GA. These requirements include:
- You must report your injury to your employer within 30 days.
- You must conduct yourself reasonably and safely on the job.
- You must accept medical treatment to mitigate the impact of the injury.
Augusta Workers’ Compensation Infographic
Augusta Workers’ Compensation Statistics
According to the Bureau of Labor Statistics, there are an estimated 3.8 million workers’ compensation claims filed each year in the U.S.
- The average workers’ compensation claim costs $30,000.
- The most common types of workers’ compensation claims are injuries to the back, neck, and head.
- Workers’ compensation benefits can include medical care, lost wages, and vocational rehabilitation.
If you have been injured on the job, contact one of our workers’ compensation lawyers to find out what benefits you may be entitled to.
Augusta Workers’ Compensation FAQs
Can a Workers’ Compensation Attorney Help if My Employer Did Not Have Workers’ Comp Insurance?
Georgia law requires all employers to provide coverage for workers’ compensation if three or more part-time or full-time workers are regularly employed. You are eligible for workers’ compensation coverage from the first day that you begin working all the way through to the last day of employment.
As long as your injury or illness results from the course of employment, you are covered by workers’ compensation. This does not include injuries that occur while on break or while commuting to or from work, but it does include any accidents that are related to your employment, including auto accidents that occur while completing workplace duties.
Workers’ compensation is a no-fault system so that it doesn’t matter who is at fault for the injury. The exception to this is if you engaged in willful misconduct, like fighting, horseplay, or personal third-party acts. Injuries related to abusing drugs or alcohol are also not covered.
If you are facing wrongful allegations of willful misconduct, an Augusta workers’ comp lawyer who is well-versed in workers’ compensation claims can help you to combat these accusations and receive the benefits that you deserve.
Can I Choose My Doctor?
Most people who are injured on the job would prefer to choose their own physicians, typically someone they know and trust, like a family doctor. Unfortunately, workers’ compensation policies come with pre-approved lists of doctors and specialists, and you must see one of these to receive compensation for your medical care. If you wish to see a different doctor, you may request permission to do so, but must be approved. Employers are legally required to post a list of at least six doctors for employees to turn to when injuries occur. On this list must be at least one orthopedic surgeon. If you go to a different doctor instead, your claim may be denied. ** In situations that necessitate emergency medical care, you can go to a local emergency room and the employer will cover this cost. **
How Much is My Workers’ Comp Claim Worth?
The value of your claim will be based on the type and severity of your injury. You will be reimbursed fully for your medical expenses and other injury-related out-of-pocket expenses, including travel in some situations. Then, if there is a significant amount of time off work with lost wages to recover, then this will further increase the value of your workers’ compensation claim.
If you miss more than seven days of work, you will receive weekly benefits that are 2/3 of your average weekly wages. If you miss more than 21 days, then the first seven days will also be reimbursed at the same rate. If you are absent from work for less than 21 days, then the first seven are not reimbursed. The benefits that you receive when you are unable to quickly return to work are called total disability benefits. If you can’t return to work at all, then you can receive permanent partial disability, with your benefits determined by your disability percentage rating (from a physician), and the injury’s statutory compensation rate (Georgia Code Section 34-9-263). You can also continue to receive benefits if you return to work in a lower-paying position. If you, the surviving spouse, or dependent of someone who lost his or her life to a workplace injury, then death benefits are available. These will be calculated at the same rate of 2/3 of the employee’s average weekly income.
Is a Job Injury Lawyer Needed If My Employer Is Covered Under Workers’ Comp Insurance?
Any injury that is sustained by a worker in the course of employment is covered by workers’ compensation. Workers’ compensation can also address illnesses and repetitive motion injuries that are caused by work-related activities. Illnesses like mesothelioma, which can be directly traced to workplace tasks and exposures, are covered by workers’ compensation. Repetitive motion injuries like carpal tunnel or back pain that occur through performing the same activities over a period of time are also covered.
How Should Employers Treat Workers’ Compensation Claims to Avoid Problems?
There are some challenges that you may face, though workers’ compensation practitioners strive to ensure that the process is as simple and efficient as it can be. Some reasons that you may be denied include failing to report your injury within 30 days, having a discrepancy between reported injury and medical documents, having evidence of alcohol or drug use, filing the claim after being fired, being accused of willful misconduct, filing the claim late, or having a pre-existing injury. You may not be able to overcome all of these issues, but some are unfair and shouldn’t prevent you from receiving workers’ compensation.
The wisest course of action when your claim is denied is to contact an attorney in Augusta who specializes in workers’ compensation claims to discuss your options.
Should I Hire a Workers’ Comp Lawyer if My Workers’ Comp is Denied?
You can appeal the decision if your employer denies your claim. You will need a detailed written explanation about why your claim was denied. Then, you can file an appeal with the Georgia State Board of Workers’ Compensation. You will need to do this within one year of the injury to avoid missing the statute of limitations. There will then be an administrative hearing to determine whether the claim denial was appropriate based on medical evidence and witness testimony. ** You do have the option of requesting mediation if you think the issue can be resolved without a lawsuit. **
If the denial is upheld, then you can seek another review from the State Board of Workers’ Compensation’s appellate team. Having employment lawyers on your side at this stage is a good idea.
What Is Vocational Rehabilitation?
Getting back to work after a work-related injury can be tough, but your Augusta, GA workers’ comp lawyer is here to help. At Ted A. Greve & Associates, we have decades of experience in both the medical and legal industries, so we can use our unique perspective to help you with your workplace injury case. Plus, we offer free consultations so we can get on the same page as soon as possible. Read on to see how you can get back on the job, and contact us today.
Key Components Of Vocational Rehabilitation
The first step in vocational rehabilitation usually involves a thorough assessment of the individual’s current physical capabilities and limitations. This assessment is carried out by a professional who will also consider the injured person’s previous job duties and the skills they possess. Based on this evaluation, a tailored plan is crafted, which might include job training, education, or even job modification, depending on what is most appropriate for the individual’s condition and career aspirations.
Job Training And Education
Job training is an essential component of vocational rehabilitation. It provides injured workers with the skills necessary to perform different tasks or to work in a new field if returning to their previous job is not possible. This training is specifically designed to meet the needs of the individual, considering their medical condition and the demands of the job market.
Counseling And Support
Counseling plays a crucial role in vocational rehabilitation. It helps individuals cope with the changes and challenges they face due to their injury. Support from counselors can also aid in boosting their confidence and motivation, which are critical factors in a successful return to work.
Job Placement Assistance
After training and counseling, job placement assistance becomes a pivotal part of the rehabilitation process. This involves helping individuals find suitable employment that accommodates their physical capabilities and professional skills. Assistance might include help with resume writing, interview preparation, and connecting with potential employers who have suitable positions available.
Benefits Of Vocational Rehabilitation
The primary benefit of vocational rehabilitation is that it helps individuals regain their independence by enabling them to return to work. This not only provides financial benefits but also helps improve self-esteem and mental health. Moreover, employers benefit from retaining an experienced employee, reducing the turnover rate and the cost associated with hiring and training new staff. However, you’ll still need an Augusta workers’ comp lawyer to keep you financially secure during your recovery.
How We Can Help
At Ted A. Greve & Associates, we understand the critical importance of vocational rehabilitation in helping our clients recover from their injuries and return to a fulfilling professional life. We work tirelessly to ensure that our clients receive the support and legal guidance they need throughout their rehabilitation process.
If you or someone you know is struggling to return to work after an injury, don’t hesitate to reach out to us. Our team is here to provide the guidance and support necessary to make the vocational rehabilitation process as smooth and successful as possible. Contact us today, and see how an Augusta, GA workers’ comp lawyer can help you get the support, closure, and compensation you need.
Ted A. Greve & Associates, Augusta Workers’ Compensation Lawyer
260 Peachtree St NW, #2200, Atlanta, GA 30303
Contact Our Workers’ Compensation Lawyer Today
If you have been hurt as a result of your job, and are facing a workers’ compensation claim or denial, and you live in the Augusta, GA area, or Matthews, North Augusta, Dearing, or Blythe, and you need a qualified and experienced workers’ comp attorney on your side, contact Ted A. Greve & Associates to have the best Augusta workers’ comp lawyer on your side. There are two reasons to call today. Dr. Ted offers a FREE consultation, and if we take your case NO FEES will be charged UNLESS WE WIN!!! Knowing that you owe no money at all unless you win your case is a huge relief to most people, allowing them to feel better about calling an attorney. Dr. Ted is here to help you get the compensation you deserve for your injury, so don’t waste another moment, call our offices today and start the process of being compensated for your injuries.
Your Dedicated Workers’ Compensation Attorney
Our seasoned Augusta, GA workers’ compensation lawyer can help employees who are covered by workers’ compensation benefits receive fair payments for their medical expenses and lost wages if they sustain an injury or illness through the course of employment (on the job injury). Each type of injury carries its own set recovery value, depending on the severity of the injury or illness. A workers’ comp attorney with Ted A. Greve & Associates can answer any questions you may have about the specifics of your injury and the value of your claim.
When you suffer a work-related injury, you likely have many thoughts running through your head, in addition to your physical pain. Am I covered under workers’ compensation? Will I be in trouble or fired? How will I pay my bills? Our Augusta personal injury lawyers can answer all of these questions and provide guidance on how to proceed with your claim. Contact Ted A. Greve & Associates today to speak with one of our team members. They will provide a risk-free consultation, letting you get answers to your questions from someone who specializes in these matters.