Workplace accidents are much more common than you think. In fact, close to 7 million workers in the US are injured in workplace accident each year. While many injuries are not serious and do not require you to take time off work but severe injuries might require you to take significant time off work. In such cases, you might struggle to pay the medical bills on top of losing your source of income.
Georgia workers compensation law gives you the legal right to get fair compensation for workplace injuries. Here at the law firm of Ted A. Greve & Associates, our team of experienced Lawrenceville workers’ compensation lawyers, licensed insurance adjusters, podiatric physician, chiropractic physician and other experienced paralegals is dedicated to providing professional service to each of our clients.
What is Workers Compensation?
It’s a unique set of laws that is designed to provide benefits to injured workers and to prevent employees from suing employers. Dependents of the workers who lose their lives due to work accidents are also entitled to benefits. On the other hand, these laws also limit the liability of employers and coworkers from further litigation.
The Georgia State Board of Workers Compensation is the agency that is responsible for providing statutes. As per the Georgia Board of Workers Compensation, every employer with 3 or more employees (even part-time) needs to carry workers compensation insurance. The workers’ compensation insurance is designed to cover medical expenses, loss of wages in case a worker is not able to work for at least 7 days, as well as vocational rehabilitation benefits. It also provides compensation for the family members of a deceased worker who lost their life due to a work-related injury.
What Should I Do If I Am Hurt on the Job?
Here is what you should do in order to protect your case when you are hurt on the job:
Inform your employer:
It is important for you to report the accident, in writing, to your supervisor as soon as possible. Don’t think that telling one of your coworkers is sufficient. You need to report the injury within a month or it might hurt your chances of receiving full benefits.
Seek medical treatment:
The most important thing you should know is that you need to go to one of the doctors on the approved panel of physicians. This list should be available at your workplace. If this list isn’t available, you should ask your HR department or your supervisor. If you don’t go to a doctor on the approved list, your workers’ compensation benefits might be denied. However, if you go to a doctor who is not on the list for emergency treatment, your employer needs to pay for emergency treatment.
Document your injuries and treatment:
You should keep a record of your injuries and how the treatment is progressing. Start maintaining a diary where you should record everything. Also, take photographs at regular intervals.
File workers compensation claim:
In order to file a claim, you will need to fill out form WC – 14 and file it with the State Board of Worker’s Compensation. A copy of this form needs to be sent to your employer as well as their insurance carrier.
Get a copy of the report:
Your employer has to file a report with their insurance company and you’re entitled to get a copy of this report. Ask your employer for a copy of this report.
Update your employer and their insurance company:
It is important that you keep your employer informed in case your doctor recommends work restrictions. It is important to get it in writing and you should give a copy to your employer. You also need to make sure that the insurance carrier is informed of your injury.
Call an experienced attorney:
If you decide to file a workers compensation claim, you should get in touch with an experienced lawyer at the Law Office of Ted A. Greve & Associates. We work on a contingency fee basis which means you don’t pay us anything unless we win workers compensation benefits for you.
Give us a call at [Phone] to schedule a free consultation.
What Are the Most Common Workplace Accident Injuries?
It is estimated that close to 7 million work accident injuries happen each year in the US. Here is a list of the most common workplace accident injuries:
- Slips, falls, and trips at work
- Falling from heights
- Overexertion injuries
- Construction accidents
- Falling objects injuries
- Walking into injuries
- Forklift accidents
- Reaction injuries
- Machine entanglement
Why Should I Hire a Lawrenceville Workers Compensation Lawyer?
The workers’ compensation laws are extremely complex and even a simple error can lead to claim rejection. Here are a few reasons why you need an experienced Lawrenceville Worker’s Compensation lawyer by your side:
An experienced workers’ compensation attorney is aware of the common tactics used by insurance carriers to deny your claims. We will reevaluate your case and fight for your rights to help you get full benefits.
If you’re unable to work due to your injuries, you need your claim to be successful in order to pay for your expenses. An experienced attorney can help you get the benefits you need to fully recover.
There is a lot of paperwork that needs to be filed correctly and on time in order to ensure a successful claim. An experienced workers’ compensation lawyer will work on your behalf and make sure the claim is filed on time and without any errors.
If your Worker’s Compensation claim is denied, we can review your claim and find a way to appeal your case. You might find it difficult to do everything on your own when you are in a vulnerable state.
How Much Does It Cost to Hire a Lawrenceville Worker’s Compensation Attorney?
It does not cost you anything. We work on a contingency fee basis which means we don’t get paid unless you receive benefits. Simply put, we don’t get any money in case we don’t get a settlement for you. There is an upper limit on attorney fees. The attorney fees are capped at 25% of a settlement or weekly benefits. Also, all fees over $100 are required to be approved by the State Board of Worker’s Compensation.
What Should I Do If My Workers Compensation Claim Is Denied?
There are several possible reasons for denial of worker’s compensation claim in Georgia. However, it does not mean that you need to accept the denial and do nothing. You have the right to appeal workers’ compensation claim denial. The appeal process is difficult and long, and this is why, you should hire the services of an experienced Lawrenceville workers’ compensation lawyer.
When your workers’ compensation claim is denied, you need to file a request before the State Board of Worker’s Compensation for hearing. In this hearing, the Administrative Law Judge will listen to arguments from both sides and they need to arrive at their decision within 30 days. It is important to provide factual information in order to back up your claims and to prove the severity and extent of your injuries. An experienced attorney will make sure that all the important aspects of your claim are presented effectively before the Administrative Law Judge.
Here at the Law Office of Ted A. Greve & Associates, we have extensive experience in representing injured workers in workers’ compensation hearings. We will make sure that all the facts of your case are presented before the judge. We will fight for your rights and help you get the compensation you deserve for your injuries.
What Responsibility Does the Employee Have in Filing a Workers Compensation Claim?
The Georgia workers compensation law provides coverage to all employees for a work-related injury but there are certain responsibilities that each worker must adhere to in order to qualify for these benefits.
The injured employee needs to report the accident to employer within 30 days. They should also follow all the rules of safety as well as other policies as outlined by the employer. The employee also needs to submit to a drug test when asked to after an on-the-job injury.
The employee should also accept reasonable rehabilitation services and medical treatment as ordered by the State Board of Worker’s Compensation. A claim needs to be filed within a year of the date of the last authorized medical treatment or within 2 years of the last payment of weekly benefits.
There are certain other responsibilities that an employee is expected to adhere to. We can discuss all these things during our free consultation.
Give us a call at [Phone] to schedule a free initial consultation today.
What Responsibility Does the Employer Have in the Workers Compensation Process?
Every employer is required to obtain worker’s compensation insurance coverage through an insurance carrier or by being approved as a self-insurer.
The employer is required to post the name of their insurance company in a prominent place.
The employer needs to complete and file an employer’s first report of injury with its insurance carrier or self-insurer’s claims office. If the injury results in seven or more days off work, it needs to be reported to the state board within 21 days of the employer’s knowledge of disability.
A panel of physicians needs to be posted in prominent places within the workplace. In case a Managed Care Organization is being used for providing medical care, the list of network physicians should be made available to all the employees.
Can I Be Fired for Filing a Workers Compensation Claim?
No, you cannot be fired for filing a workers’ compensation claim. Also, your employer does not have the right to retaliate against you in any form for filing the claim.
Is There a Time Limit to File a Workers Compensation Claim in Lawrenceville, Georgia?
You have up to one year from the date of the accident to file a workers’ compensation claim.
Can I Sue My Employer?
The workers’ compensation law exists to allow injured workers get fair compensation for their injuries without the need to file a lawsuit. You give up your right to sue your employer in lieu of being able to collect benefits in case you get injured at work. However, it is possible to file a lawsuit against a third party in case they are responsible for the accident and your injuries.
Can an Independent Contractor File a Workers Compensation Claim in Georgia?
An independent contractor cannot file a worker’s compensation claim in Georgia. However, their status as an independent contractor needs to be established.
An independent contractor is defined as someone who:
- Has complete control over their time, method, and manner of work.
- Has a contract creating an independent contractor relationship
- Gets paid a fixed price per job instead of being paid on an hourly basis or a salary
What Is My Lawrenceville Workers Compensation Claim Worth?
Not all the workers compensation claims are same and this is why, there is no standard settlement value of workers compensation claims in Lawrenceville, Georgia. Several factors affect the worth of a compensation claim including type of injuries, disability rating, amount of work missed and several other factors. However, an estimate can be made based on following factors:
All your medical bills need to be paid by the insurer. There is no time limit, deductible or coinsurance. The insurance company has to pay for your medical expenses. Injured workers have the right to see at least 2 doctors on the panel of approved physicians. The medical expenses should cover physical therapy, occupational therapy, emergency room care, hospital visits, in-home nursing and attendant care, chiropractic services, prescription medication, assistive devices, psychological and mental health treatment for anxiety, depression or PTSD.
An injured worker is legally entitled to get $0.40 per mile when they need to visit a pharmacy or their medical provider. They can also ask for parking fees reimbursement.
Medical and vocational rehabilitation:
If a worker suffers a catastrophic injury, there are also entitled to medical and vocational rehabilitation benefits including on-the-job training, job search assistance, assistance with resume and interviewing skills as well as payment of education expenses.
Temporary Total Disability Benefits:
An injured worker is entitled to these benefits when they are unable to work at all as per the doctor. TTD benefits are calculated at two-thirds of the average weekly wage with an upper limit of $675 in case the injury happened after July 1, 2019. These benefits are limited to a maximum of 400 weeks from the date of injury though one may receive lifetime benefits in case of a catastrophic claim. In certain cases, the benefits might be stopped after 52 weeks.
Temporary Partial Disability Benefits:
If you’re able to get back to work but have a reduced earning capacity as compared to before the injury, you are entitled for these benefits. The upper limit for these benefits is two-thirds of the average weekly wage with an upper limit of $450. These benefits can continue for a maximum of 350 weeks.
Permanent Partial Disability Benefits:
These benefits are paid when a worker suffers a permanent partial disability. These are paid at the rate of two-thirds of the average weekly wage and the upper limit for weekly wage is $675. The calculation for these benefits is made by multiplying the impairment rating given by an authorized doctor by the number of weeks for the type of injury. For instance, maximum benefits of 60 weeks is allowed for a thumb injury whereas a maximum of 300 weeks of benefits is allowed for whole body disability.
Hire Workers’ Compensation Attorney Ted A. Greve & Associates, P.A. to Begin Working on Your Claim Today
If you have been injured on the job, you should never make the mistake of assuming that your workers’ compensation claim is going to be straightforward and you’re going to get the benefits you deserve. Insurance companies are in the business of making money and they will try everything to pay you the least amount of money. In fact, they might deny your claim completely for frivolous reasons. This is why, you should hire the services of an experienced attorney at Ted A. Greve & Associates to uphold your legal rights and to get the benefits you are entitled to receive.
You do not have to pay anything out of your own pocket as we work on a contingency fee basis. We don’t get paid unless we win benefits for you. Also, you should act promptly as there is a deadline within which the claim needs to be filed.
Give us a call today at [Phone] to schedule a free initial consultation and to know more about your legal rights.