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Victims of work-related injuries have many similar concerns and questions regarding workers’ compensation:
- If I am injured on the job, do I need to sue my employer to recover?
- Who pays for my time off work?
- Who pays for my medical bills?
The experienced workers’ compensation lawyers at CEO Lawyer Personal Injury Law Firm in Georgia can answer these questions and help you get the settlement you deserve for your work-related injuries.
Workers’ Compensation Benefits
Every state, including Georgia, has laws addressing the very questions above in a program called workers’ compensation. Workers’ compensation benefits are designed to provide compensation while you are unable to work (or work in a limited capacity) because of your work-related injuries and provide medical benefits resulting from your injuries on the job. You do not need to sue or prove that your employer did anything wrong to recover workers’ compensation benefits. In fact, by entering into a workers’ compensation settlement, you agree not to file a personal injury (negligence) lawsuit against your employer.
Two Crucial Steps you MUST Take when Injured on the Job
If you are injured on the job, you might not know exactly what your injuries are or what you will do over the long term. However, you must do two things immediately:
- NOTIFY YOUR EMPLOYER. Georgia Law requires you to notify your employer as soon as possible and at least within 30 days of the injury. Not reporting your injury within the 30-day requirement may impact your right to receive workers’ compensation benefits. In addition to the legal requirement of reporting your injury, giving notice is an important part of the process of recovering the benefits due to you from your employer.
- If you immediately report, your employer has a record that the injury happened at work.
- If you report after a few days, your employer can claim that the injury happened at another time or location.
- Consider reporting the injury in writing or by email. Inquire whether your company has a process where your supervisor or human resources department documents the report.
- Reporting your injury can help prevent others from being injured in the same way.
- SEE A DOCTOR IMMEDIATELY. Getting medical care any time you are hurt makes sense. In addition, because workers’ compensation benefits you ultimately recover depend on your injuries, immediately seeing a doctor is critical.
- A doctor will make an appropriate diagnosis and plan for treatment.
- Immediate medical care can establish a link between the incident at work and your injury.
- Your primary care physician can refer you to specialists if additional care is needed.
- Be kind to your body by allowing medical professionals to treat injury and discomfort from your work injuries.
- Note that your employer or its workers’ compensation insurance carrier may require you to get an independent medical evaluation (IME) by a doctor they choose.
How do I Know if my Injury Qualifies as Workers’ Compensation?
If an injury arose out of and in the course of employment, that injury falls under workers’ compensation laws. Some causes of workers’ compensation injuries include:
- Slipping and falling
- Repetitive motion (secretary, data entry, factory work)
- Exposure to toxic substances (refinery)
- Falling equipment
- Handling dangerous animals (lab or zoo)
- Falling during an exercise class (yoga or Zumba instructor in a gym)
- Overexertion
- Workplace violence
- Explosions
Whatever the cause, many types of injuries arise out of and in the course of employment. Some examples of workers’ compensation injuries include:
- Carpal tunnel (resulting from repetitive injury)
- Broken limbs
- Cancer
- Brain damage
- Torn tendons
- A gunshot wound (resulting from workplace violence)
- Cuts
- Strains and sprains
- Burns related to chemical exposure
- Neurological injuries
- Loss of hearing or sight from explosions
- Death
Keep the Calendar in Mind
Georgia Law sets forth general time considerations for workers’ compensation claims:
- You must notify your employer within 30 days of your injury.
- You must make a claim for injuries within one year from the date you are injured. That statute of limitations is extended to two years under certain specific circumstances, such as when the employee has received medical care.
- A family member must claim workers’ compensation injuries resulting in death within one year.
The injury and accident attorneys at CEO Lawyer Personal Injury Law Firm can help navigate to make sure you comply with required time limitations.
How Much Can I Recover for my Work Injury?
Georgia law details the amount and duration of what a person can recover for injuries, medical care, and death.
- Injury Compensation. Georgia law includes formulas for recovery depending on the type of injury, including whether the disability is temporary, permanent, partial, or total.
- Medical Care. You are entitled to medical care for the number of weeks needed up to 400 weeks. Employees are entitled to medical care for a lifetime for catastrophic injuries such as spinal cord injuries, cognitive injuries, or deformities.
- Death. If an employee dies as a result of employment, the employee’s family is entitled to weekly income benefits, medical expenses, and burial expenses.
- Duration. Georgia law also sets forth when benefits can start being paid to you depending on the length of disability and whether the employee is capable of working with limitations.
Can any Worker Recover Workers’ Compensation Benefits?
No. A worker must be a W-2 employee, not an independent contractor, to collect workers’ compensation benefits. Also, certain types of employees, such as farm laborers or railroad employees, cannot recover under workers’ compensation laws.
Call Now if You Have Been Injured on the Job in Atlanta, Georgia
The experienced legal team at CEO Lawyer is on your side to ensure you recover from your workers’ compensation injuries. We can help you get the recovery that you deserve. Call now for your free consultation.