404-636-4900 In Georgia, individuals who suffer injuries at work are entitled to workers’ compensation, a form of insurance that provides medical benefits, compensation for lost wages, and rehabilitation support. The process to claim these benefits, however, is governed by specific legal criteria and procedural steps that can quickly become complex and overwhelming. In this guide, we provide the foundational steps to successfully file a workers’ compensation claim.
What is Worker Compensation and What Injuries Does It Cover?
Workers’ compensation offers financial and medical support to employees injured during work. Specifically, this is an employer-funded insurance program that covers a wide array of injuries and ensures workers don’t have to shoulder the burden of workplace accidents alone.
Common Injuries in the Workplace
Workplace accidents can have diverse causes and provoke injuries that range from minor to life-altering. In Georgia, according to the U.S. Bureau of Labor Statistics, vehicle accidents are the leading cause of fatal work injuries, followed by violence by persons or animals, slips and falls, and exposure to harmful substances or defective equipment. Other common injuries covered by worker’s compensation in Georgia include repetitive motion or overexertion injuries, industrial accidents, falling objects, and machine-related injuries.
No matter the cause of your workplace accident, worker’s compensation in Georgia covers all injuries that occur by accidents arising out of and in the course of employment.
How Much is Your Claim Worth?
The settlement you receive includes medical benefits but also lost wage benefits (which can account for temporary total disability or temporary partial disability, depending on your case).
In cases of severe injuries that lead to permanent disabilities, workers’ compensation also provides specific benefits tailored to the nature and extent of the disability. It’s important to note that worker’s compensation doesn’t cover pain and suffering like personal injury claims.
Your Guide to Filing a Workers’ Compensation Claim in Georgia
Filing a workers’ compensation claim involves several steps, and you need to be familiarized with them if you’re looking to receive the support and benefits you’re entitled to under state law. Here are the essential actions you need to take from the moment an injury occurs until receiving the benefits or appealing a denied claim:
Step 1: Report the Injury to Your Employer
After sustaining a work-related injury, report it to your employer as soon as possible, as Georgia law requires you to make this report within 30 days of the incident. Delaying this step can complicate your claim or, worse, result in the loss of your right to receive benefits altogether.
When reporting, ensure you accurately document all details of the incident, including the date, time, and circumstances of the injury. This information is crucial for the next steps.
Step 2: Seek Medical Treatment
After reporting your injury, seek medical attention from a healthcare provider authorized by your employer. This is important because, under Georgia’s workers’ compensation system, employers must provide a list of medical practitioners to injured employees.
Choosing an authorized provider ensures your treatment is covered under workers’ compensation and eliminates potential disputes about the care received. Additionally, besides supporting your physical recovery, prompt medical attention provides a professional assessment of your injury, which is vital for substantiating your claim.
Step 3: Await Adjudication of Your Claim
Once your injury is reported and you’ve received initial medical treatment, your claim enters the adjudication phase. During this period, the State Board of Workers’ Compensation reviews the details of your case to determine your eligibility for benefits.
This review process directly affects the outcome of your claim. To ensure a successful outcome, it’s important to provide all requested documentation promptly and follow up on your claim’s status. If you work with us, you don’t have to worry about these details: our legal team will take care of all aspects of your claim on your behalf.
Step 4: Receive Benefits or Appeal
If the State Board approves your claim, you’ll start receiving workers’ compensation benefits. The average settlement for workers’ compensation in Georgia is often quoted as being around $22,000. However, each case is unique and the actual settlement amount can vary significantly. For example, the legal team at Deming Parker has secured settlements of up to $450,000 for injured workers.
On the other hand, if your claim is denied, you have the legal right to appeal the decision. The appeals process requires a thorough understanding of Georgia’s law and often necessitates legal representation due to its complexity.
What are the workers compensation forms in Georgia?
In Georgia, several forms are commonly used in the workers’ compensation process. Some of the key forms include:
- WC-14: Initiation form for workers’ compensation benefits claim.
- WC-1: First Report of Injury form, submitted by employers to report workplace injuries to the insurance carrier.
- WC-2: Form for reporting medical treatment and associated costs for a workplace injury.
- WC-3: Form for employers to contest a workers’ compensation claim.
- WC-205: Form used to request a change in authorized treating physician.
- WC-6: Form for employers to notify the State Board of Workers’ Compensation about a settlement with an injured worker.
- WC-14a: Form used to request a hearing before an Administrative Law Judge regarding a workers’ compensation claim.
These forms facilitate various aspects of the workers’ compensation process in Georgia, serving specific functions to ensure proper handling of claims and related matters.
What is the waiting period for workers compensation in Georgia?
The Importance of Seeking Legal Guidance for Workers’ Compensation Claims in Georgia
Seeking legal guidance from our workers’ compensation attorneys at Deming Parker’s becomes invaluable to make sure your claim covers all the damages related to the accident. We will evaluate your case from a legal perspective and ensure we file all paperwork accurately and within the stipulated deadlines.
As you can see in our case results, we have a proven track record of helping injured workers in Georgia secure the compensation they need to recover. For example, we’ve recently helped a worker get $450,000 in compensation for a workplace injury. We can do the same for you!
We’ll not only work to secure the compensation you deserve for medical expenses and lost wages but also negotiate on your behalf, potentially increasing the settlement amount. For personalized assistance, feel free to contact us today and schedule a free consultation with our legal team.
