What is Workers’ Compensation?
Workers’ compensation in Georgia is a system designed to provide financial benefits and medical care to employees who suffer work-related injuries or illnesses. The primary purpose of workers’ compensation is to ensure that employees receive proper medical treatment and compensation for lost wages without having to resort to litigation against their employers.
Georgia operates on a “no-fault” system, meaning that employees are generally entitled to benefits regardless of who was at fault for the injury or illness. However, there are exceptions for injuries resulting from the employee’s willful misconduct or intoxication.
Almost all employers are required to carry workers’ compensation insurance, with few exceptions. This coverage extends to both full-time and part-time employees.
Workers’ compensation benefits typically include medical expenses related to the injury or illness, wage replacement benefits for time missed from work due to the injury, vocational rehabilitation services if the injury prevents the employee from returning to their previous job, and benefits for permanent disabilities resulting from the work-related injury.
How to File a Workers’ Comp Claim in Georgia
The process of filing a workers’ compensation claim in Georgia involves several steps. Here’s an overview of the typical process:
- Report the Injury or Illness: As soon as possible after the injury or onset of an occupational illness, the employee must notify their employer or supervisor. It’s essential to report the injury promptly because there are strict deadlines for filing workers’ compensation claims in Georgia.
- Seek Medical Treatment: The employer should provide the injured employee with information about where to seek medical treatment. In emergency situations, the employee may seek treatment at the nearest medical facility. For non-emergency situations, the employer may have a designated list of approved healthcare providers. It’s crucial to inform the healthcare provider that the injury or illness is work-related.
- Complete Necessary Forms: The employer is responsible for providing the injured employee with the appropriate workers’ compensation claim forms. In Georgia, this typically includes Form WC-14, the Notice of Claim. The employee must complete this form accurately and submit it to the State Board of Workers’ Compensation.
- Submit the Claim: Once the employee completes the necessary forms, they should submit them to the State Board of Workers’ Compensation. This can usually be done online, by mail, or in person. Along with the claim form, any supporting documentation, such as medical records or witness statements, should also be submitted.
- Await Adjudication: After receiving the claim, the State Board of Workers’ Compensation will review the information provided and may conduct an investigation if necessary. The employer’s workers’ compensation insurance carrier will also be notified of the claim.
- Resolution of the Claim: If the claim is approved, the injured employee will begin receiving benefits, which may include medical treatment, wage replacement benefits, vocational rehabilitation, and compensation for permanent disability. If the claim is denied, the employee has the right to appeal the decision through the workers’ compensation system.
- Mediation or Hearing: If there are disputes regarding the claim, such as the extent of the injury or the amount of benefits owed, the parties may attempt to resolve the issues through mediation. If mediation is unsuccessful, a hearing may be scheduled before an administrative law judge within the State Board of Workers’ Compensation.
Why Do I Need a Workers’ Compensation Lawyer?
Although you are not required to hire a workers’ compensation lawyer, having an attorney on your side can make the process of filing a claim much easier. The workers’ compensation system can be complex, and many employees are denied the benefits they deserve.
A workers’ compensation lawyer can help you navigate the system and ensure that you meet all of the requirements to receive benefits. Your attorney can help you gather the evidence you need to prove that your injury is work-related and can represent you in all hearings and negotiations with the insurance company.
If your workers’ comp claim is denied, your attorney can also help you appeal the decision and can represent you in court, if necessary. Having an attorney on your side can increase your chances of receiving the benefits you deserve.
Why Choose The Roth Firm, LLC?
At The Roth Firm, LLC, we are dedicated to helping injured workers. Our Fayetteville workers’ compensation lawyer has extensive experience handling workers’ compensation claims and can guide you through the process of filing a claim. We understand how difficult it can be to navigate the system, especially when you are dealing with the physical, emotional, and financial burdens of a work-related injury.
Our team is here to provide the compassionate support and aggressive representation you need. We will fight to protect your rights and ensure that you receive the benefits you deserve. We are available to answer your questions and address your concerns at any time.
Call (404) 999-4705or contact us onlineto schedule a free consultation with our workers’ compensation attorney in Fayetteville, NC.
