Injured on the Job? How to Get Workers’ Compensation Benefits

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workers compensation

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.

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Frequently Asked Questions

After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

Contact us now (833) 254-2923.

Help Negotiating with Insurance Carriers

To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.

Do You Have a Personal Injury Case?

The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.

Georgia's Personal Injury & Accident Firm

Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.

What to Expect From Your Initial Consultation With a Personal Injury Attorney?

During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.

Speak to an Experienced Personal Injury Attorney Today

If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.