Any serious injury can have a severe impact on many areas of your life, but workplace accidents can be particularly devastating. Many industries like construction and manufacturing are particularly dangerous if caution is not exercised, but the truth is that anyone can be injured in the workplace. In this blog, we address some of the most common questions we receive about worker’s compensation claims.
We can help pursue the compensation you deserve after a devastating injury. Contact our team today for afree case evaluation.
WHAT WORKER’S COMPENSATION BENEFITS CAN I GET IN GEORGIA?
The State of Georgia allows for three basic workers’ comp benefits.
Medical benefits will be paid by your employer and their insurance company, and will cover all doctor and hospital bills. You will also receive money to cover mileage to travel to and from the doctor’s office, hospital, pharmacy, etc., as well as reimbursement for parking at these locations. Any related prescriptions will be covered as well.
Wage benefits are calculated based on two-thirds of the average weekly wages you’ve received for the 13 weeks leading up to your injury, but are capped at $550 per week. However, you will typically not be eligible for these benefits until the authorized doctor has put you on a “no work” status.
Permanent partial disability is a rating given by your doctor upon returning you to work, although they are not required to do so. If they give you a disability rating, you may be eligible to receive either ongoing payment through a structured settlement, or a one-time lump sum.
HOW LONG DOES IT TAKE TO RECEIVE BENEFITS?
The employer’s insurance provider has 21 days to investigate the claim, and then approve or refuse it. If they refuse the claim, it could take months to get the benefits started with the help of a Dalton workers’ compensation attorney. Insurance companies aren’t eager to pay money, so it’s crucial to retain experienced legal representation when filing your claim.
HOW LONG DO I HAVE TO FILE A WORKERS’ COMP CLAIM?
In Georgia, you only have 30 days to report your injury to your employer. To avoid issues later on, it is highly recommended that you keep proof that you notified the employer, such as a copy of an email or a copy of an accident report. The timetables are strict, so it’s best to start as early as possible.
CAN I SUE MY EMPLOYER FOR NEGLIGENCE?
Georgia state law makes it virtually impossible to file a lawsuit against an employer for an injury. You must go through the employer’s workers’ comp insurance to receive any type of benefits. If your injuries were caused by a third-party, however, our Dalton injury attorneys may be able to help you pursue a claim against said party.
HOW LONG CAN I RECEIVE WORKERS’ COMP BENEFITS?
With the exception of Permanent Partial Disability benefits and catastrophic injuries, most other workers’ comp benefits are capped at 400 weeks, or slightly over 7.5 years. The length of time is entirely dependent on when your doctor feels you are ready to return to work in a full or partial capacity. This can get extremely complex, so it’s best to consult with an experienced Dalton workers’ compensation lawyer who can advise you in your unique situation.
Have you been hurt in Whitfield County? If so, call (706) 956-2395 to learn how our experienced team can help you get the money you deserve.