No matter the precautions you take and how well you follow the safety guidelines at your workplace, there’s always a chance that you could become injured or sick during the course of your work. A benefit system is in place that allows injured workers to obtain compensation while they recover from their injuries, which is referred to as workers’ compensation.
However, workers’ compensation claims don’t always proceed smoothly, which is why you’ll want work injury lawyers in Atlanta, GA by your side. The best way to be prepared for the claims process is by first learning about workers’ compensation and when this form of insurance could apply to you.
Eligibility Requirements for Workers’ Compensation in Atlanta, GA
If you have been injured or have fallen ill while on the job, the first thing that you need to determine is if you’re eligible for workers’ compensation. If you are injured while on the job or when performing standard job duties, it’s likely that workers’ compensation would be available to you. Unlike other forms of insurance, the fault isn’t a consideration when the insurance provider is making the decision on whether or not to provide benefits. Even if you were at fault for the injury, you can still obtain the compensation that can cover some of your lost wages and medical expenses during your recovery.
Keep in mind that it’s possible for you to qualify for workers’ compensation whether you’re a part-time employee or full-time employee. If you decide to accept this insurance and file a claim to receive compensation, you will be relinquishing your right to file a lawsuit against your employer.
A work injury attorney like ours can help you determine if you should file a workers’ compensation claim or file a lawsuit. Even if you file a workers’ compensation claim, it’s possible that you will be able to bring a lawsuit against a manufacturer or third-party that was the cause of your injury. If the injury was brought about by a defective or damaged product, a third-party individual or company could be held liable for your injuries instead.
Common Injuries at Work:
No matter what type of job you do, there’s always a possibility that you will suffer from a workplace injury or illness. Some of the primary work related accidents that are covered by workers’ compensation include:
- Any kind of fall
- Injuries from an explosion
- Various types of construction accidents
- Using defective machinery
- Being exposed to dangerous and hazardous chemicals
- Car accidents that occur when you’re on the job
- Stress injuries that develop from repetitive tasks while at work
Even if you don’t see your specific injury in this list, there’s a good chance that it’s fully covered by workers’ compensation. To determine if your specific injury is covered, consider retaining the services of work injury lawyers like ours. We will take a look at every detail of your case to make sure that you’ve explored all of your legal options.
Understanding the Statue of Limitations for Georgia Work Comp Law
Among the most important things to understand when you’ve been injured in the workplace is that a statute of limitations exists for filing a workman’s compensation claim, which means that the claim must be filed within a specific amount of time. In the event that this time period comes to an end, you will no longer be able to recover the compensation that you’re owed. In accordance with Georgia law, you will need to notify your supervisor or employer about the injury within 30 days, which is a strict time limit. However, an exception to this rule is made if you’re 100 percent confident that the events that caused your injury were witnessed by your supervisor or employer.
If you don’t notify your employer on time, you will need to write and submit a notification that details why the delay occurred. Since late claims are rarely ever accepted, it’s recommended that you have work injury lawyers by your side to help you determine what your next steps should be. You will also be required to file a Notice of Claim within one year from the last treatment paid by the employer or insurer. If your primary form of compensation is lost wages, you will need to file this Notice of Claim within two years after the final payment of income benefits. Like ours, an Atlanta work injury attorney will make sure that all of the necessary paperwork and documents are filed on time.
If you happen to be filing a lawsuit against a third party that you believe was responsible for your workplace accident, the statute of limitations for filing this lawsuit is two years after the injury occurred. Keep in mind that workers’ compensation insurance does not apply to any businesses that have less than three employees. Any employer with more than three employees must provide this form of insurance to all employees.
Atlanta Workers Compensation Benefits for Work Accidents
There are five primary forms of compensation that you may be able to obtain when you file a workers’ compensation claim. If the injured employee dies, their family will be able to seek death benefits that will cover funeral costs and a certain amount of lost wages. Extensive medical benefits will also be provided, which ensures that nearly all treatments pertaining to your injury will be covered.
The lost wages that you are able to obtain with workers’ compensation depend on the extent of your injury. These injuries are divided into three categories of:
- Temporary partial disability
- Temporary total disability
- Permanent partial disability
Temporary partial disability refers to any kind of injury where the accident causes you to work fewer hours for a specific period of time until the injury heals. You can be paid for as much as 350 weeks. Full medical documentation will need to be provided to the insurance agency during your recovery process to make sure that you receive the compensation you’re owed, which is something that can be handled by work injury lawyers like ours.
Temporary total disability is one where you cannot go back to work at all until the injury has healed. You will receive nearly all of your lost wages during this time. Permanent partial disability benefits are available to employees who have suffered from a permanent disability because of the injury. The benefits will be a portion of your lost wages for an extended period of time.
Steps to Take When Injured at Work
When you’re injured in the workplace, the first thing you need to do is report your injury to your main supervisor or employer. You should then see a doctor for your injuries. This doctor or physician will need to be on an approved doctor’s list that your employer has. Finally, you need to gather all the paperwork that will help you when making and filing a compensation claim.
When to Contact an Atlanta Work Injury Attorney?
While the claims process for workers’ compensation is relatively straightforward, there are several problems that can occur and mistakes that can be made if you don’t have a work injury attorney helping you throughout the claims process. Here at Ramos Law Firm, we make sure that all of our clients receive the representation that they need. We’ll be able to guide you through this process and help navigate any roadblocks along the way.
If you have recently been injured in your workplace and believe that you deserve compensation, call our work injury lawyer Atlanta GA immediately. Here at Ramos Law Firm, we’ll provide you with quality representation that will hopefully allow you to get the results you’re looking for.
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EXPERIENCED WORKERS' COMP LAWYERS IN GEORGIA
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Fill out the contact form below for a free consultation to examine your rights, or call us at (770) 637-0105. Call us even if you've been denied benefits.
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Atlanta Workers' Comp Attorneys
Advocating for Georgia's Injured Workers since 2005