Workers’ Compensation

What Is Workers’ Compensation?

Workers’ compensation is a type of insurance that provides benefits to employees who are injured on the job. In the state of Georgia, most employers are required to carry workers’ compensation insurance. This means that, in the event that an employee is injured while performing their regular job duties, they can receive certain benefits to help them recover.

Workers’ compensation is a no-fault system, which means that an injured employee can usually receive benefits regardless of who was at fault for the accident. This is in contrast to personal injury claims, where the injured person must prove that their injuries were caused by someone else’s negligence or wrongdoing. In most cases, if you were injured while working, you can receive workers’ comp benefits.

What If My Employer Does Not Have Workers’ Compensation Insurance?

While most employers in Georgia are required to carry workers’ compensation insurance, there are some exceptions. For example, certain types of businesses, such as those with fewer than three employees, do not have to provide coverage. Additionally, some employers attempt to get around the law by illegally not carrying workers’ compensation insurance.

If your employer does not have workers’ compensation insurance, you generally have two options. You can either file a personal injury claim against your employer or file a claim through the Georgia State Board of Workers’ Compensation’s uninsured employers’ fund. Our Savannah workers’ compensation lawyers can review your situation and help you determine the best course of action.

What Benefits Are Available Through Workers’ Comp?

Workers’ compensation benefits in Georgia include:

• Medical benefits, which cover the cost of all necessary medical treatment related to your workplace injury
• Income benefits, which provide temporary disability payments to employees who are unable to work for more than seven days
• Death benefits, which are paid to the surviving spouse and/or dependents of an employee who was fatally injured on the job
• Rehabilitation benefits, which cover the cost of any necessary vocational rehabilitation or physical therapy

When Should I Report My Workplace Injury?

In Georgia, you must report your workplace injury or occupational disease to your employer within 30 days of its occurrence. If you fail to do so, you may be barred from receiving workers’ compensation benefits. However, it is generally in your best interest to report your injury as soon as possible. The longer you wait to report your injury, the more time your employer’s insurance company will have to question the validity of your claim.

When reporting your workplace injury, you should do so in writing and keep a copy of the report for your records. Your employer may also ask you to complete an incident report, which you should also keep a copy of. Be sure to include the date and time of the injury, as well as the names of any witnesses.

What To Do After A Work Injury

After being injured at work, it is important that you take certain steps to protect your right to workers’ compensation benefits. Our Savannah workers’ compensation attorneys can help you understand what to do after a work injury and provide the personalized guidance you need.

After being injured at work, you should:

• Notify your employer as soon as possible. You are required to report your injury within 30 days, but it is generally best to do so right away.
• Seek medical attention. If you are seriously injured, you should go to the emergency room. If your injury is not serious, you should still see a doctor as soon as possible.
• Follow your doctor’s orders. You need to follow all of your doctor’s orders in order to receive workers’ comp benefits.
• Document everything. Keep a copy of all accident and medical reports, as well as any correspondence with your employer’s insurance company.

Can My Employer Fire Me For Filing A Workers’ Compensation Claim?

No. Georgia law prohibits employers from retaliating against workers who file workers’ compensation claims. If you are fired or otherwise penalized for filing a claim, you may be able to sue your employer for damages.

Can I Sue My Employer For A Workplace Injury?

In most cases, you cannot sue your employer for a workplace injury. Instead, you must file a workers’ compensation claim. However, if your injury was caused by a third party, such as a negligent driver or a defective product, you may be able to file a personal injury claim against that party. Our Savannah workers’ compensation lawyers can help you understand if you have a valid third-party claim.

Can I Receive Workers’ Compensation If I Have A Pre-existing Condition?

You may still be able to receive workers’ compensation benefits for a workplace injury, even if you have a pre-existing condition. However, your employer’s insurance company may try to argue that your injury was not work-related and that you are therefore not entitled to benefits. Our Savannah workers’ compensation attorneys can help you gather the necessary evidence to prove that your injury was work-related and fight for the benefits you are owed.

Why Do I Need A Workers’ Compensation Lawyer?

While you are not required to have a lawyer to file a workers’ compensation claim, having one can greatly improve your chances of success. Your employer’s insurance company will likely do everything in their power to limit the amount they have to pay you in benefits. They may even try to deny your claim altogether. Our Savannah workers’ compensation lawyers can help you fight back.

Our team can help you with all aspects of your workers’ compensation claim, including:

• Determining your eligibility
• Filing your claim
• Preparing you for your independent medical examination (IME)
• Reviewing any settlement offers
• Representing you in a workers’ compensation hearing
• Appealing a denied claim

For a free consultation with our Savannah workers’ compensation attorneys, call (912) 809-5335 or contact us online today.