Gwinnett County Workplace Injury Attorneys

What Should I Do After an Accident at Work?

If you are seriously injured, get emergency medical care immediately. If your condition isn’t life-threatening, inform your employer about your injury and ask which doctor or medical clinic you should visit. When you arrive, tell the doctor you need treatment for a work-related injury.

Once your condition is stabilized, you must officially notify your employer. You have 30 days from the accident date or your work-related illness diagnosis to do so, but it’s better to report the injury as soon as possible. That way, your employer can get their part of the process started, and you can begin receiving your benefits quicker. Make your accident report in writing and keep a copy for your records.

The doctor you initially see for your workers’ comp injury is referred to as your treating physician. You need to follow their directions for aftercare and recovery. If you fail to follow the doctor’s orders or do not attend the required follow-up appointments or therapy sessions, you could jeopardize your workers’ comp benefits.

Although you are not required to have a workers’ comp attorney file your claim, you may benefit from consulting one as soon as possible after your injury. Our Gwinnett County workers comp lawyers have a deep understanding of state workers’ comp laws and remain abreast of any changes in the statutes that could affect your case. Our attorneys can fill out and file the claim paperwork correctly and assist you if your claim is delayed, minimized, or denied.

Common Employee Mistakes After Getting Hurt on the Job

One of the biggest mistakes people make after getting hurt at work is not reporting the injury. Maybe you don’t believe you’re badly hurt and hope the injury heals on its own. Or, perhaps you’re worried you will lose your job if you report the accident.

Reporting the injury provides access to authorized medical care after being hurt or developing a work-related medical condition, like carpal tunnel syndrome, respiratory disease, or back problems. Once you file for workers’ comp benefits, you may also be eligible for wage replacement benefits if you cannot work for more than seven days after being hurt. You cannot get the benefits if you do not tell your employer that you were injured on the job.

Another common mistake injured workers make is not contacting a workers’ compensation injury lawyer after filing a claim. Although retaliation for filing a workers’ comp claim is illegal, people injured on the job are not part of a protected class of employees and, therefore, may lose their jobs for other technically legal reasons. Your workers’ comp attorney can protect your interests and advise you of your legal options if your employment is terminated.

What Are My Rights After Suffering a Work Injury?

The Georgia Workers’ Compensation Act is intended to ensure that injured workers have access to medical, rehab, and wage loss benefits, and so mandates employers provide insurance for their employees. Under the Act, you have the right to:

• Seek medical attention if you are hurt at work
• Have authorized medical care paid for by workers’ comp insurance
• Receive a weekly wage benefit if you are out of work for more than seven days
• Appeal any claim denial with the State Board of Workers Compensation

You also have the right to consult with a Gwinnett County workers’ compensation lawyer at any point during your workers’ compensation claim process. A lawyer can guide you and identify whether you’re receiving all the benefits you’re owed.

What Injuries Are Covered by Workers’ Compensation in Georgia?

Any injury sustained on the job or in the course of your job duties should be covered by worker’s comp. This can include an injury that occurs while you are traveling for your job.

Workers’ comp should also cover a work-related illness or medical condition if you develop it because of workplace conditions. For example, if your job involves working with carcinogenic chemicals and you develop cancer, then you may file a claim for worker’s comp benefits.

There are some instances where workers’ comp benefits are not available for injuries that occur at work, and a few conditions under which an employer may legitimately deny your claim:

• You were under the influence of drugs or alcohol at the time of the injury.
• You were engaged in horseplay or other reckless activities, termed “willful misconduct.”
• You may not be covered if you are not using the required safety gear for your job or wearing it incorrectly.
• The accident happened during an off-the-clock meal break.

Suppose your employer denies your claim on the grounds that you were engaging in willful misconduct or failed to follow proper safety protocols. In that case, an attorney might be able to help you build a case proving that you should be covered.

Does Workers’ Compensation Cover Emotional and Psychological Injuries?

Only physical injury or illness is covered by Georgia Workers’ Compensation insurance. If you develop a mental health condition because of your working conditions, like anxiety or depression, you are not eligible for benefits. However, if a work-related physical injury aggravates a pre-existing mental condition, treatment for that aggravation would be covered.

Additionally, if you develop an emotional or psychological condition after becoming injured or because of your post-injury disability or disfigurement, you may be eligible to obtain treatment for the mental illness associated with the physical injury.

How Much Can My Workers’ Compensation Case Be Worth?

In a personal injury lawsuit, a settlement or award can include pain and suffering, loss of enjoyment of life, and other intangible losses not covered under workers’ compensation. In a personal injury case, compensation can reach into the millions. Workers’ compensation claims are limited to medical care and wage replacement benefits.

Your medical coverage should include all reasonable and necessary care required to treat your injury, including surgery or a specialist’s care. The wage benefit is based on your average wage for the past 52 weeks. You will receive 2/3 of your average weekly wage while you cannot work. However, there is a maximum benefit, which changes each year. The maximum benefit in the most recent year was $800 per week.

Can I Sue My Employer After a Work Injury?

One of the primary purposes of workers’ compensation insurance is to ensure employees get the medical care and wage replacement benefits they need quickly. In exchange, the statute protects employers from being sued by injured employees. If you are hurt on the job, the workers’ comp benefit is the exclusive remedy for compensation.

However, there are certain conditions under which you and your Gwinnett County workers’ compensation attorney could file a lawsuit against your employer. If your employer intentionally harmed you, you would be eligible to file a lawsuit against them. Similarly, you could sue them if they failed to provide workers’ compensation insurance when they were legally obligated to do so.

Your employer might not be the only liable party. If you were injured in an accident caused by a negligent third party, you could sue them for your accident-related injuries and losses. Note that if you file a third-party lawsuit and are successful, any workers’ compensation benefits you received must be repaid from your compensation award.

Statute of Limitations to File a Workers’ Compensation Claim

• You have one year to file a claim for worker’s compensation benefits. If you fail to file a claim before this deadline, your employer can legally deny it.
• If you plan to file a third-party personal injury lawsuit in addition to your workers’ comp claim, you have two years from the date of the accident to file a lawsuit.