If you suffered an injury on the job in Peachtree Corners, you might be entitled to workers’ compensation benefits under Georgia law. These benefits should pay your medical expenses and a portion of your lost wages while you recover. However, getting workers’ compensation benefits isn’t always easy and can be an added burden when you’re in pain and out of work.
The workers’ compensation lawyers at Brauns Law Accident Injury Lawyers, PC can help you seek the benefits you deserve after a workplace accident. Contact us today for a free consultation.
Workplace Injury Statistics
According to the most current data from the U.S. Bureau for Labor Statistics, private industry employers reported over 2.6 million nonfatal workplace injuries and illnesses in a recent year. In Georgia, private employers reported over 78,000 nonfatal job injuries and illnesses in just one year. Two super-sectors accounted for 55 percent of statewide cases:
- Trade, transportation, and utilities
- Education and health services
According to the National Safety Council, the most common workplace injuries resulting in days away from work are:
- Exposure to harmful substances or environments
- Overexertion and bodily reaction
- Slips, trips, and falls
- Contact with objects and equipment
What is Workers’ Compensation?
Workers’ compensation is employer-provided no-fault insurance that covers employees who suffer workplace injuries or illnesses. Eligible workers can receive benefits after a job-related accident, regardless of who is responsible. Workers’ compensation includes money for medical treatment, partial wage replacement, and disability benefits until the employee can return to work.
While workers’ compensation protects injured employees, it also shields employers from civil lawsuits. In exchange for providing no-fault benefits, workers forfeit the right to sue their employer for a workplace injury.
Workers’ compensation laws and regulations vary by state, so working with an experienced Georgia attorney after a workplace injury in Peachtree Corners is essential.
Are All Workers Eligible for Workers’ Compensation?
In Georgia, any worker whose employer is subject to the workers’ compensation law is eligible for workers’ compensation benefits for a work injury or occupational illness. Any employer, including individuals, firms, and corporations, that regularly employs three or more workers must maintain workers’ compensation coverage.
Employees may include part-time, full-time, minor, or seasonal workers. Officers of a corporation are considered employees of the business for purposes of workers’ compensation insurance requirements. An employee’s right to receive workers’ compensation benefits begins on their first day on the job.
What Benefits Are Available Through Workers’ Compensation?
Injured workers can receive the following benefits through workers’ compensation:
Medical Benefits
Workers’ compensation will cover all reasonable and necessary accident-related expenses, including doctor’s visits, surgery, medications, rehabilitative services, and transportation costs.
Income benefits
Workers’ compensation will provide income while an injured worker is recovering and unable to work. The amount and duration of benefits will depend on the extent of their injuries.
- Temporary total disability (TTD) – If an injured employee cannot work during their recovery, workers’ compensation pays them weekly income benefits equivalent to two-thirds of their pre-accident average weekly wage. However, they must wait for one week, known as the waiting period, before receiving benefits. Once they have been out of work for 21 days, they will also receive benefits for the first seven days. The maximum duration of TTD benefits is 400 weeks.
- Temporary partial disability (TPD) – If an injured employee can work during their recovery with some restrictions but earn less than their pre-accident wage, workers’ compensation will pay weekly benefits equivalent to two-thirds of the difference between their pre- and post-accident average weekly wage. The maximum duration is 350 weeks from the accident date.
- Permanent partial disability (PPD) – If an injured worker suffers a permanent partial disability, such as the loss of use of a body part, workers’ compensation will pay weekly benefits equivalent to two-thirds of their pre-accident average weekly wage for a certain number of weeks based on their type and degree of injury.
If a person suffers a job injury that renders them permanently and totally disabled, they can receive the same amount of benefits as they would for Temporary Total Disability. But unlike TTD benefits, which only last 400 weeks, a person with a permanent and total disability can receive benefits for life.
Death benefits
Workers’ compensation will pay weekly income benefits to the surviving spouse and eligible dependent children if a worker dies from their injuries. Up to $7,500 will be paid for funeral and burial expenses.
What Should I Do After a Workplace Injury?
Follow these steps to protect your rights to workers’ compensation benefits after a workplace accident:
- Report the accident – Report the accident to your employer immediately, but at least within 30 days. Failure to report an accident to your employer within 30 days may result in a loss of benefits.
- Get medical treatment – Receive medical treatment from one of your employer’s authorized physicians or its managed care organization. Your employer should provide this information to you.
- Consult a knowledgeable workers’ compensation attorney – Applying for workers’ compensation benefits is a document-heavy task with strict deadlines. Making even a small mistake can jeopardize or delay your benefits. Before proceeding, consult an experienced workers’ compensation lawyer who can guide you through the process.
- Gather documentation – You will need documentation on your medical expenses and wage earnings to file along with a workers’ compensation claim.
- File a claim – Complete and file the WC-14 form with the State Board of Workers’ Compensation. Your lawyer can do this for you. Your attorney will also send the required copies of your claim to your employer and their workers’ compensation insurance carrier. The deadline to file a workers’ compensation claim in Georgia is one year from the date of the injury.
Once you file a claim, you should receive a response from your employer. If they approve your claim, you will begin receiving benefits. If they deny your claim, you can request a hearing from the State Board of Workers’ Compensation. A skilled workers’ compensation lawyer can represent your interests at the hearing and during any appeals.
