When you suffer an injury while working in Atlanta, Georgia, you can file for workers’ compensation benefits. If eligible, you can receive monies to cover your work-related injuries without having to go into litigation with your employer. The benefits act as a safeguard for you when you are hurt as a result of the work you do or injuries occurring at work. It is essentially a no-fault system which means the negligence of the employee or the company is not an issue, the injured employee’s work-related injury is simply covered.
Workers’ compensation gives employers and co-workers the protection of limiting how much employees can receive in damages from employers and keeps them from injured workers from initiating litigation against people they work with. Employees can seek damages from third parties if their injuries are the result of using equipment or products they use for their jobs. If this is the case, employers usually do not take part in third-party liability claims initiated by their employees. All of these matters brought forth in civil court, but the employer can receive repayment of workers’ compensation monies paid by them to an employee from their settlement.
Atlanta, Georgia Covers These Types of Workers’ Compensation Injuries
If your injury is work-related, you could receive monies for the following injuries:
- Preexisting injuries worsened in the workplace (i.e. lower back problems, even if you don’t experience pain relating to the injury until a later date)
- Injuries occurring while off the clock (i.e. meal breaks, company barbecue) or those resulting from using company accommodations (i.e. a chair in the breakroom)
- Cancers due to working around toxins during regular working hours
- Mental and physical injuries brought on by the stress of additional work assignments
Limitations of Atlanta, Georgia Workers’ Compensation Coverage
Every state has regulations as to what workers’ compensation covers but in Atlanta, Georgia, the majority of injuries occurring while on duty are included even if your employer or you are at fault. Heart, vascular diseases, psychiatric, and psychological issues are not included unless they are the result of another occupational disease.
It is not necessary to prove that it is your employer’s fault for the injury, but you will need to have an examination by a physician approved by your employer. Not all employees can receive workers’ compensation. Atlanta, Georgia (and the entire state) exempts workers in these classes:
- Workers in the employment of a business with less than 3 permanent staff members
- Railroad workers
- Farm workers
- Government employees (U.S.)
- Household attendants
- Independent contractors
How to File a Workers’ Compensation Claim in Atlanta, Georgia
If you suffer an injury while on-duty at work, you first need to report the incident (preferably in writing) and keep a copy for your records. Once you have provided notice to your employer (whether verbal or in writing), complete a claim form as soon as you report the incident. An employer has to provide you with the appropriate form to file a claim. If you don’t complete the correct paperwork, no employer is required to give you monetary benefits. You should file your claim as soon as possible to avoid delays in processing your claim and getting you the benefits you need to take care of yourself and your injuries.
You need to include as much detail as possible relating to your injury. Make sure you also keep a copy of your completed employer claim form as proof of submitting it. Your employer is responsible for submitting the form to their workers’ compensation insurance carrier and arranging medical treatment for you. If you have any problems or disputes resulting from your claim, you can receive assistance from the workers’ compensation office in Atlanta, Georgia.
Help is Available if You Receive a Denial of Your Atlanta, Georgia Workers’ Compensation Claim
If you receive a denial for your claim, there is a possibility it is the type of claim you are requesting compensation for. You need to remember post-traumatic stress disorders, psychiatric conditions are not coverable workers’ compensation claims. Injuries resulting from other occupational related issues like heart and vascular diseases, or psychiatric and psychological disorders may entitle you to benefits. An employer has the right to refuse a claim if you are an independent contractor or if they do not identify you as an employee.
An employee can request a hearing with the State Board of Workers’ Compensation in Atlanta, Georgia in the event of a denial. You may have to agree to mediation prior to a hearing being set up. Since a hearing and mediation are legal proceedings, you may want to discuss your options with a lawyer to protect your rights.
Atlanta, Georgia Civil Lawsuits or Workers’ Compensation Benefits
Workers’ compensation benefits are in place to allow employees to collect compensation for work-related injuries instead of bringing a legal suit against their employer. Previously, employees would have to with no recourse other than to seek legal action if they sustained injuries while on-duty. Currently employees are automatically eligible for benefits from workers’ compensation and employers are free from litigation. You do have the option of taking legal action against the manufacturer of equipment that fails to work properly while you are on-duty or if an individual (not your employer) is responsible for your injury.
Contact Ted A. Greve & Associates to Get Assistance with Your Workers’ Compensation Benefits
If you are in Atlanta, Georgia, and need assistance with your workers’ compensation claim, you should contact Ted A. Greve & Associates Injury Lawyers for the guidance you need. A workers’ compensation claim can cause confusion and anxiety. Contact a legal professional if you have any questions or concerns about your case. A lawyer can review your case and work to get you the benefits you need to take care of your injuries. A workers’ compensation attorney has the knowledge and understanding of the legal system and will work to ensure the protection of your rights. Call Ted A. Greve & Associates Injury Lawyers to schedule a free consultation about your claim.