Work-related accidents are common in Georgia, and the implications can extend far beyond the physical pain you experience if you’re injured. Your medical costs may be considerable, and you could be losing wages for every day that you miss work. Plus, the future is uncertain if you’ve sustained devastating injuries that result in permanent disability. You might wonder if you’ll ever be able to work again in your chosen profession, and long-term medical care may be necessary for lingering complications.
While you can’t undo the effects of a workplace injury, you may receive some consolation knowing that Georgia workers’ compensation laws offer protections for injured workers like you. It’s possible to obtain monetary benefits to provide financial support during this difficult time. To learn more about how the statutes apply to your specific situation, please contact The Brice Law Firm to schedule a no-cost case evaluation with an Atlanta work injury attorney. You may also read on for some background information.
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Basics of Workplace Accident Claims in Georgia
State workers’ compensation laws don’t require you to prove that your employer was at fault in order to receive monetary benefits. Instead, there are other facts you must show, including:
- You work for a company that has three or more employees;
- You’re an employee, instead of an independent contractor; and,
- You suffered injuries in a work-related accident.
Overview of the Claims Process: If you meet the above requirements, you can file a claim with your employer’s worker’s compensation insurance company. Most employers are required to carry a policy to protect their employees in the event of a workplace accident. Generally, the process involves:
- Notifying your employer and following internal policies regarding work-related accidents;
- Filing an official claim with your employers’ insurer;
- Negotiating a workers’ comp settlement, where appropriate;
- Taking your claim to a hearing if you’re denied monetary benefits; and,
- Additional steps that may be proper depending on your circumstances.
Common Questions About Work Injury Claims
Can I receive benefits for medical costs? In a successful claim or settlement agreement, there are several types of monetary benefits you may qualify to receive. The most important for health and well-being reasons is your medical costs. You can recover all expenses related to your current and future medical treatment, so long as it’s related to the accident or workplace conditions that led to your ailment.
What other workers’ compensation benefits can I receive? In addition to medical costs, you may be eligible for:
- Wage replacement, which is a percentage of your salary;
- Vocational rehabilitation, if you need training to be employable and self-sustaining; and,
- Death benefits, to provide financial support for loved ones if you die in a work-related accident.
Why would my employer’s workers’ comp insurance company deny my claim? There are many reasons an insurer may reject your claim and not pay benefits, some of which are proper. If you don’t work for an employer who’s required to carry insurance, or weren’t hurt in a work-related accident, you may not qualify.
However, there are inappropriate reasons your claim may be denied. The insurer may contest the severity of your injuries or assert that you don’t need treatment. An insurance company may also claim that you don’t need time off work, since your physical condition still allows you to work in a limited capacity.
Do I need a lawyer to represent me? You’re not legally required to retaining legal counsel, but there are many reasons that having an experienced workers’ comp lawyer on your side is critical. It’s important to have an attorney assist you with the initial workers’ comp claim, since any mistakes or omissions could result in delays or denials. Plus, an attorney can assist with:
- Gathering evidence to support your claim;
- Advocating for you during depositions;
- Attending meetings, mediation sessions, and hearings;
- Taking your claim to the next level if we cannot reach a fair resolution; and,
- All other tasks necessary to protect your rights in a workers’ comp claim.
