There is only one state in the country that does not require employers to carry workers’ compensation. Georgia is not that state. So if you work anywhere within the state of Georgia then your employer more than likely has to carry workers’ compensation. What does this mean for you? If you are involved in an accident at your job, then your employer’s workers compensation insurance will cover your medical care, wages, and other related expenses. If you have been injured on the job and are now asking yourself, “Do my injuries qualify for workers compensation,” then you’ve come to the right place. Read on to learn more about qualifying for workers comp or give us a call at 770-988-6155 for a FREE consultation with an experienced workers comp lawyer in Atlanta.
How Long Do I Have to Be on the Job to File Workers Compensation
If your employer carries workers compensation insurance as required by state law, and you are classified as an employee (versus an independent contractor), then you should have coverage from day one working at your job. There are some employees who are under the impression that you have to work a certain number of hours in order to qualify for Georgia workers’ compensation. This is not true. Regardless if you are a part-time worker a full-time worker, a new employee or an employee with tenure, then you qualify for workers’ compensation benefits.
Disqualified from Workers Compensation?
Several of our clients who were injured on the job and came to us for legal counsel was surprised to discover how easy it is to qualify for workers’ compensation and very few workers are disqualified from receiving their benefits after filing a worker’s comp claim. Georgia Workers Compensation laws allow you to qualify for your workers’ compensation benefits regardless if you have what is considered a severe or minor injury. Even if you caused the incident by mistake you are still covered.
Although it is easy to qualify for workers’ compensation, there are ways that you can be disqualified as well. Take a look at the list of questions below. If you answer yes to any of the following questions, then there is a strong chance that your workers’ compensation claim will be denied and you will not be able to receive your workers’ comp benefits.
- Did you cause the incident intentionally?
- Did you cause the accident while breaking the law?
- Also, did you have drugs in your system when the accident occurred?
- Did you fail to report the injury to your employer?
- Did you fail to report the injury within 30 days from the date that the accident happened?
- Lastly, did you refuse to seek medical treatment from a company approved physician?
If you answered yes to any of the above questions it is important that you contact an experienced workers compensation lawyer as soon as possible to give yourself the best fighting chance at settling your workers’ comp claim and receiving the benefits you deserve. Give us a call now at 770-988-6155.
What Kind of Medical Benefits Can I Receive with a Georgia Workers Compensation Claim
One of the many benefits of workers compensation insurance is that it offers the following medical coverage:
- Doctor appointments
- Hospital Stays
- Medical devices
- Physical therapy
- Mental health care
- Other medical expenses
When facing an urgent medical situation, you are urged to go to the nearest emergency room, and your medical benefits will cover the expense. However, beyond this point, you are required to seek treatment from a physician that is approved by your employer. If the travel distance to the doctor’s office is more than ten miles from your home, or place of employment, you can request coverage for the gas mileage used when traveling to and from your doctor appointments.
What Happens if I Disagree With the Decision of My Employer or Workers Compensation Insurance
If you disagree with the decision of your employer, or their workers’ compensation insurance provider, then you have the right to request a hearing. It is best to have a workers’ compensation attorney at your side while going through the process. A workers’ comp lawyer will possess the skills and knowledge to successfully argue your case and point. Your lawyer can even request a hearing on your behalf and take the leading role in mediation.
Mediation typically takes place within 60 days after the judge receives the WC-14 with the hearing request notated. Mediation gives you and your attorney the chance to resolve the initial dispute or disagreement without going to court. If all parties are not able to come to a resolution in mediation, then the next step will be a scheduled hearing. If you haven’t already hired a workers comp lawyer at this point you will want to do so immediately.
Atlanta Workers Comp Attorney Fees
In the state of Georgia, workers compensation lawyers are limited to 25% of your awarded weekly workers comp benefits. The maximum an injured employee who is not able to return to work can receive in weekly wage benefits is $575 for up to 400 weeks. If you are able to return to work, but only in light-duty work situations, you are qualified to get a maximum of $383 for up to 350 weeks. Under a circumstance where a worker experienced catastrophic injuries due to a work-related injury, these limits may not apply.
It is also important to note that wage benefits will not be provided if you are out of work for less than the minimum eight days required to qualify. Call the Law Office of John B. Jackson today to learn more from one of the best workers compensation lawyers in the Atlanta area.