When Workers’ Comp Applies
Workers’ compensation is designed to give necessary benefits to workers who are injured in an accident at work or while completing a job-related duty. This is also described as “in the scope of employment” in some contexts.
Essentially, if you were doing something related to your work, even if you were on break in the back room, and were injured in an accident, you should be covered by workers’ compensation.
The definition of an accident is broader than you might realize, too. If you suffer an illness due to your occupation or a repetitive strain injury (RSI), then it should make you eligible for workers’ compensation all the same. For example, if you type at a keyboard all day and develop carpal tunnel syndrome, then you can file for workers’ comp.
Workers’ Compensation Benefits
In most cases, workers’ compensation can provide these benefits:
- Medical treatments: You shouldn’t have to pay for any of your necessary medical care after a work-related accident. Everything from hospitalization fees to prescription costs should be provided through workers’ compensation benefits.
- Disability pay: Temporary total disability (TTD) and permanent partial/total disability (PP/TD) benefits can become available if you can’t return to work for an extended period. Until you are able to work again, you can be paid two-thirds of your average weekly pre-injury wages.
- Vocational rehabilitation: If you can never safely return to your job due to your new disabilities, then you could be provided training and education courses free of cost to you, so you can begin a new career.
- Death benefits: When a workplace accident or illness results in a worker’s death, the surviving family members can receive death benefits, which might include temporary wage replacement benefits and funeral cost coverage.
What to Do After a Workplace Accident
If you are injured on the job—or are diagnosed with a work-related injury or illness—there are several important steps you should take to protect your health, safety, and rights.
After a workplace accident or job-related injury, be sure to do the following:
- Seek medical attention: The first thing you should do is seek appropriate medical attention. If necessary, call 911. While you may need to visit a doctor of your employer’s choosing at the start of your treatment, this does not apply when it comes to initial emergency care. Your health and safety are the most important things; do not wait to see a doctor if you are injured at work or suffer a job-related illness or medical condition.
- Report the injury to your employer: By law, you must report work-related injuries and illnesses to your employer within a certain timeframe. In Georgia, you have 30 calendar days from the date of the injury (or the date of the injury/illness was discovered/diagnosed) to notify your employer.
- File your workers’ compensation claim: Your employer may initiate your claim with their insurance provider, but in any case, you should file your workers’ compensation claim as soon as possible so that you can begin receiving benefits. In Georgia, there is a one-year statute of limitations on workers’ compensation claims. This means you only have one year from the date of the injury or the date on which the injury was discovered/diagnosed to file.
- Follow your doctor’s treatment plan: It is very important that you follow your treating physician’s instructions and recommendations regarding your recovery. Do not try to go back to work until you are cleared to do so, and refrain from engaging in any activities that could be seen as aggravating to your condition. If you wish to obtain a second opinion regarding your doctor’s advice, you may do so.
- Contact a workers’ compensation lawyer: Even if your case seems relatively straightforward, you may encounter unexpected challenges during the filing process. It is a good idea to contact a workers’ compensation lawyer in Atlanta who can help you prepare and file your initial claim, as well as manage any disputes that may arise. An attorney can also help you appeal a denied claim or assist you in seek reinstatement of benefits if yours are terminated.
At The Roth Firm, LLC, we bring more than 15 years of legal experience to our practice. We have successfully fought for injured employees across all industries, including commercial vehicle drivers, construction workers, office employees, and many more.
FAQs About Workers’ Compensation in Georgia
Am I eligible for workers’ compensation if my injury was my fault?
Workers’ compensation is a no-fault system, meaning that you are generally eligible for benefits regardless of who was at fault for the injury. However, there are some exceptions, such as injuries resulting from willful misconduct or intoxication. Consulting with a workers’ compensation attorney can help clarify your eligibility in such cases.
Can I choose my own doctor for treatment under workers’ compensation?
Your employer or their workers’ compensation insurance carrier typically has the right to choose the initial treating physician for your work-related injury or illness. However, after you have seen the initial authorized physician, you may be entitled to select a different doctor from a panel of physicians provided by your employer.
What should I do if my workers’ compensation claim is denied?
If your workers’ compensation claim is denied, you have the right to appeal the decision. This usually involves requesting a hearing before the Georgia State Board of Workers’ Compensation, where you can present evidence and arguments to support your claim. It’s important to consult with an experienced workers’ compensation attorney to guide you through the appeals process and advocate for your rights.
Can I sue my employer for a work-related injury?
In most cases, you cannot sue your employer for a work-related injury in Georgia if they have workers’ compensation insurance. Workers’ compensation is intended to be the exclusive remedy for workplace injuries, meaning that you generally cannot pursue a civil lawsuit against your employer. However, there may be exceptions for cases involving intentional harm or gross negligence.
What happens if my employer doesn’t have workers’ compensation insurance?
Employers in Georgia are generally required to carry workers’ compensation insurance if they have three or more employees. If your employer fails to provide coverage as required by law, you may still be entitled to workers’ compensation benefits through the Georgia Workers’ Compensation Trust Fund. It’s essential to seek legal advice if you find yourself in this situation.
Prepare for Anything – Call Our Attorneys
You never know what sort of trouble will arise when you are pursuing workers’ compensation benefits. Will your employer make trouble for you, will your employer’s insurer, or will they both? No matter what happens, you can be ready for it when our Atlanta workers’ compensation attorneys are on your side and leading the way.
For more information, contact us online now.
