By GNGF Design/Development on September 27th, 2024 in Uncategorized
Workers’ compensation is meant to protect workers if they suffer an injury in the workplace or the worker’s family if the person dies due to a job-related injury. As a form of insurance, upon approval of your claim, you’ll receive:
- Medical benefits
- Rehabilitation benefits
- Income benefits
If you’re unable to work for more than seven days, you may be eligible for workers’ compensation.
You must meet certain qualifications to be eligible, and even if your initial claim is denied, there’s a good chance of approval the second time you file a claim.
What Types of Injuries Qualify for Workers’ Compensation?
If you work in an industry that is not exempt, as outlined in the Workers’ Compensation Act, you can apply for compensation if you are:
- Injured while doing your job
- Contract a disease or illness due to your job
You can be a minor, seasonal worker, part- or full-time worker, and if you meet one of the two qualifications above, you may be eligible for workers’ comp.
If your loved one died due to a job-related accident or injury, you may be eligible for up to 400 weeks of payments.
Positions that are exempt from having workers’ compensation are:
- Domestic servants
- Farm workers
- Federal employees
- Independent contractors
- Some railroad workers
If you work for an employer that has three or fewer employees, they also do not need to have workers’ compensation insurance.
Weekly income benefits are available to anyone who cannot work for more than seven days. If you have an injury that only keeps you out of work for five days, you’re not entitled to weekly benefits.
What are Employers’ Responsibilities for Carrying WC Insurance?
Nearly all employers in Georgia must carry workers’ compensation insurance if they have three or more employees. This rule applies regardless of whether the employees are part-time, full-time or seasonal.
Employers are also required to post a Panel of Physicians from which an injured employee can seek treatment. This list must be posted in at least one prominent place in the workplace, and if a worker is injured, the employer should assist the employee in contacting the panel physicians.
Workers’ compensation insurance is in place to cover the cost of a workplace injury, including:
- The cost of medical care
- Lost wages if the employee must take time off of work
- Rehabilitation or physical therapy costs
- Funeral expenses if the worker is killed on the job
Employers who violate the law and do not carry workers’ compensation insurance face stiff penalties, including:
- Misdemeanor charges
- Fines up to $10,000
- Up to 12 months in jail
- Legal fees
- Up to 10% additional compensation to the injured worker
Injured employees may also sue their employer in this scenario.
Employer Responsibilities after a Workplace Injury
The Workers’ Compensation Act outlines the steps employers must take when a workplace injury occurs. Following an injury, employers must:
- Arrange for medical care. If emergency medical care is required, employers should call 911 and ensure the worker is transported to the hospital.
- Report to OSHA. If a worker is killed or suffers a workplace-related hospitalization, loss of an eye or amputation, it must be reported to OSHA.
- Report to their workers’ compensation insurance carrier. Injuries must also be reported to the employer’s workers’ compensation insurance carrier immediately. If the worker misses at least seven days of work, then the injury must also be reported to the State Board of Workers’ Compensation (SBWC).
- Cooperate with the insurance company during their investigation. Employers may be asked to provide documentation, including employee payroll records or personnel files. Employees may also be interviewed to get more information about the incident.
Employers are required to follow all of these steps following a workplace injury. If you believe that your employer may be cutting corners or isn’t acting in good faith, contact an experienced workers’ compensation attorney.
How the Law Offices of Darwin F. Johnson Can Help You with Your Workers’ Compensation Claim
If you’ve been injured on the job, you want to report the accident immediately to your boss or manager. You need to report the incident within 30 days or risk losing your ability to file a claim.
Common reasons that people have their claims denied are:
- Georgia’s statute of limitations for filing a claim expires. You have one year from the date of the accident to file a claim.
- Violating policies. If you fail to adhere to the workplace’s policies or violate the law, leading to your injuries, your claim is likely to be denied.
- Self-inflicted injuries. If you’re found to have intentionally caused your own injuries, your claim will be denied.
If you were under the influence or initiated a fight with another employee, causing your injuries, your claim will be denied.
We know how frustrating it can be to be injured at work. Bills will pile up, your career will be in jeopardy, and injuries will take time to heal. We can help you navigate your workers’ compensation claim in Atlanta.
Contact us and we’ll help determine if you’re eligible for workers’ compensation.
