Duluth, GA Workers’ Compensation Lawyer

You will need to complete Form WC-14 to file a claim. To obtain the form, you can contact the State Board of Workers’ Compensation. If you are in the metro Atlanta dialing area, call (404) 656-3818. If you are outside of the metro Atlanta area, call 1-800-533-0682.

You can write to request your form:

State Board of Workers’ Compensation
270 Peachtree Street, NW
Atlanta, GA 30303-1299

You may also print Form WC-14 from the State Board of Workers’ Compensation website www.sbwc.georgia.gov.

You may also print Form WC-14 from the State Board of Workers’ Compensation website www.sbwc.georgia.gov.

You will receive an email notification once the board has processed your form. Be sure that you list your email address on Board forms under the ‘Submitter’ sections if you want them to notify you.

This sounds easy, but for most people, it isn’t—the forms often confuse people who don’t understand workers’ compensation laws. Call us and ask us to fill out and file these forms for you.

We can fill them out correctly and attach the necessary evidence to reduce the chance you need to file an appeal—and hopefully get your benefits to you more quickly.

Sometimes, it’s challenging to enforce your workers’ compensation rights. You’ll need to complete complicated forms and follow specific procedures.

It’s usually best to have an experienced Duluth workers’ compensation attorney to represent you because of the many factors involved in winning your case. They know how to help secure the maximum amount of benefits for injured workers.

No, you don’t have to remain in the state. You can continue to receive your regular weekly benefits no matter where you reside. Not only that, but the insurer must give you a physician convenient to your new location.

It depends on the situation. If your physician releases you to light-duty work, and if the insurance company complies with the many procedural requirements of Georgia workers’ compensation law, they will reduce your benefits from temporary total to temporary partial, but only a year later.

Your Duluth workers’ compensation lawyer would need to review all of your paperwork to give you a correct answer.

No, unfortunately. The maximum weekly benefit amount in effect on the date of your illness or injury is the most you can receive, even if the maximum changes while you receive your benefits.

This is also true if you have already received the maximum amount of Georgia workers’ compensation benefits in your case.

However, by meeting with a seasoned Duluth workers’ compensation attorney, you can ensure that you receive the maximum benefit amount you are entitled to receive.

There are limits to how long you can receive benefits, but there is no one size fits all answer. Outside of the time limits, there are generally three situations that can stop your temporary total benefits without the insurance company getting permission from the State Board of Workers’ Compensation. These situations include:

• The authorized treating doctor returns you to work on regular duty without any restrictions
• You go back to work earning the same wages as you were earning when you were injured
• The insurer follows the procedure set forth under Georgia workers’ compensation laws and Board Rule 240 in regards to offering you light-duty work, and you don’t attempt to perform it

Keep in mind that there are many other circumstances under which the State Board can suspend benefits.

It depends. The total amount of your workers’ compensation checks and your Social Security Disability checks can’t exceed 80 percent of your average monthly or current earnings.

Generally, when your workers’ compensation case settles, the settlement agreement can be drawn so that you can recover a large percentage of this lost offset.

Absolutely not. Neither workers’ compensation benefits nor workers’ compensation settlements are taxable. Your taxes are accounted for when your rates are determined.

An individual workers’ compensation rate is determined by taking the injured workers’ gross wages from the 13 weeks before the accident and dividing it by the number of weeks worked.

Then, multiply that number by two-thirds. By taking only 66 percent of your wages, the workers’ compensation system accounts for your taxes. As such, you don’t need to pay taxes on any workers’ compensation benefits.

Even if you receive a lump-sum settlement for your injury instead of weekly payments, you are never responsible for paying taxes on it. However, this doesn’t mean that your workers’ compensation benefits are exempt from child support obligations or bankruptcy proceedings—it only means that you don’t owe taxes on any workers’ compensation benefits you receive.

Workers’ compensation benefits cover injuries that were suffered by performing duties within the scope and course of an employee’s job. Georgia courts have held that employees who travel have a much broader work scope than a non-traveling employee.

If an employee must travel for their job, the court might classify them as being under continuous employment. In this scenario, their employment includes not only time spent working but also any time away from home required by their employer for work.

For example, suppose you sustain an injury in a motor vehicle accident in a city you had to be in for work. In that case, you could be eligible for workers’ compensation benefits. This applies just as if you had been performing work. Contact an experienced Duluth workers’ compensation lawyer to discuss the details of your injury in greater detail.

Another common question we get is about suffering an injury while traveling to work. Workers’ compensation benefits may or may not apply under these circumstances. There are many different situations in which you can seek coverage for travel-related injuries from workers’ compensation insurance.

Here are several questions to examine to determine if your injury qualifies you for workers’ compensation:

• Did your employer require you to drive to a location that wasn’t their primary place of business? If yes, workers’ compensation might cover it.
• Did your employer ask you to pick up another employee on your way to work? If yes, it could be a work-related injury.
• Did your employer allow you to use a vehicle as part of your employment? If yes, it could be a work-related injury.
• Were you commuting between jobs for the same employer? If yes, it could be a work-related injury.
• Were you returning to your office from an errand they asked you to run? If yes, it could be a work-related injury.
• Did your employer require you to live in a hotel in another city when you were injured? If yes, it could be a work-related injury.

After settling your Duluth workers’ compensation case, Georgia state law limits your options for seeking compensation related to on-the-job injuries.

Workers’ compensation is typically the sole remedy available, regardless of employer negligence. This means you generally cannot sue your employer separately from the workers’ compensation system.

Despite this limitation, Georgia’s workers’ compensation laws ensure you receive compensation for your injury, regardless of fault.

Even though you sustained a work injury, there might be other liable parties besides your employer. Your employer covers their potential liability with workers’ compensation, which bars your right to sue. However, you should meet with a Duluth workers’ compensation lawyer to see if other parties might be liable as well.

If someone else is at fault, you could have a third-party liability claim. Third-party liability exists when someone not working for your employer causes your injuries.

Perhaps you are a construction worker working on the same worksite as other contractors. An electrician is working and leaves a live wire exposed. You touch the live wire, not knowing it was there because the electrician didn’t post warning signs. The wire electrocutes you, causing severe burns, muscle damage, and heart problems.

Because the electrician isn’t an employee of your employer, this is a good example of third-party liability.

Some other examples of third-party liability are:

• Auto accidents occurring while you are in a company vehicle or while being paid to be on the road for work-related tasks. The liable third-party is the person who caused the accident.
• Suppose a particular tool or device you use at work is defective because of faulty manufacturing. In that case, the manufacturer is liable for the injuries.
• A delivery truck driver causes an accident while backing into the warehouse bay, resulting in injuries to warehouse workers. The liable third party is the delivery truck driver and their employer.
• A third-party company distributes a liquid that could be toxic but doesn’t contain the mandatory warnings. As such, workers suffer injuries or later develop occupational diseases.
• If a worker causes injuries deliberately or through gross negligence, they could be held liable for the damages they cause. A co-worker assault is a good example.

An employee can file a third-party liability lawsuit against a person or entity in many other scenarios. In these cases, you can file a workers’ comp claim and a personal injury lawsuit. A reputable Duluth workers’ compensation attorney will help you identify any parties that might have caused your injuries.

When you settle your workers’ compensation claim, you must sign several settlement documents.

The workers’ compensation settlement agreement, called a “Stipulation & Agreement,” usually states that you and your employer are resolving your right to all past or future workers’ compensation benefits. Next, the State Board of Workers’ Compensation reviews and approves the Stipulation & Agreement documents. After the State Board approves it, neither party can appeal it.

Typically, the settlement package includes a mandatory “general release” agreement. With this, you must agree not to sue your employer for any other reason related to your employment.

However, the general release has little to no impact on most workers’ compensation claimants because employees can’t “sue” their employer for their workers’ compensation injuries in many states, including Georgia, even outside of this agreement.

You should contact a knowledgeable Duluth workers’ compensation attorney as soon as possible after your injury. We can review your case, help you file your claim, and determine if any other parties are liable for your damages.

However, even if you have already filed your claim, you can still seek the advice of a qualified attorney. It’s never too late to see if legal counsel will benefit your Duluth workers’ compensation claim.