404-636-4900 Whether your injuries are from an unexpected accident at the worksite, a long-term occupational disease, or a repetitive motion injury, understanding your rights under Georgia law is the first step towards securing the benefits you’re entitled to.
What is Workers’ Compensation?
Workers’ compensation is a legally mandated insurance program that provides benefits to employees who suffer job-related injuries and illnesses. This system is a key element of the safety framework for employees in the United States, with specific rules and regulations varying by state.
In Georgia, workers’ compensation is designed to ensure that employees who are injured or become ill directly as a result of their job are provided with financial compensation and medical care, while protecting employers from being sued by the injured employee.
How It Works in Georgia
According to the State Board of Workers’ Compensation, there were over 30,000 claims filed in Georgia during the last reported year, with millions paid for medical care and rehabilitation.
Under Georgia’s Workers’ Compensation Act, the system operates on a no-fault basis. This means that employees do not need to prove that their employer was at fault for their injury or illness to receive benefits. Instead, they simply need to demonstrate that the injury or illness occurred in the course of and arising out of their employment.
The benefits provided under workers’ compensation in Georgia include:
- Medical benefits: Coverage of all necessary medical treatment related to the injury or illness, including doctor visits, hospitalization, physical therapy, prescriptions, and necessary travel expenses related to treatment.
- Income benefits: Compensation for lost wages due to the inability to work, which is typically a portion of the employee’s average weekly wage. These benefits are categorized into several types, including Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), and in severe cases, Permanent Total Disability (PTD).
- Death benefits: Provided to the dependents of a worker who dies as a result of a job-related injury or illness, covering funeral expenses and providing financial support.
Eligibility
To be eligible for these benefits, certain eligibility criteria must be met, and specific procedural steps must be followed closely:
- The employer must be covered by the state’s Workers’ Compensation Act, which generally applies to businesses with three or more employees.
- The injury or illness must be directly related to the employee’s job duties or employment conditions.
- The employee is required to report the injury no later than 30 days from the accident date.
- The personal injury claim needs to be submitted within the time frame dictated by the Statute of Limitations, which is a one-year period following the day of the accident.
Types of Injuries Covered by Workers’ Compensation in Georgia
The primary requirement for workers’ compensation injuries or diseases to be covered is that they must arise out of and in the course of employment, ensuring that the condition is directly related to job duties or the work environment.
To give you a clearer picture, here are some specific examples of injuries that are commonly covered in the claims we handle:
Accidental Injuries
Unexpected injuries that occur during work-related activities can range from minor to severe. Examples include falls from ladders, burns from chemical spills, or electrical shocks from exposed wiring.
These incidents are typically sudden and can happen in any work environment, from construction sites to corporate offices.
Occupational Diseases
These are conditions that develop over time due to repeated exposure to harmful substances or unhealthy work environments. For instance, workers in industries dealing with hazardous chemicals might develop respiratory diseases like asthma or more severe conditions such as mesothelioma due to asbestos exposure.
These diseases require clear evidence that they are the result of workplace conditions and not external factors.
Repetitive Motion Injuries
Common in office environments but also in any job requiring repetitive tasks, these injuries are caused by overuse of particular muscle groups or joints. Carpal tunnel syndrome, which affects the hands and wrists, is one of the most common repetitive motion injuries. It results from continuous typing, assembly line work, or any activity that involves repetitive hand movements.
Hearing Loss
Often overlooked, hearing loss is a significant risk in workplaces with high noise levels, such as manufacturing plants, construction sites, or airports. Prolonged exposure to loud noises can gradually degrade hearing capabilities, resulting in partial or complete hearing loss.
Trauma Injuries
These injuries are among the most severe and include fractures, dislocations, or amputations that occur due to work-related accidents. Trauma injuries can result from falls, machinery accidents, or heavy equipment failures. The impact of these injuries is often significant, requiring emergency medical treatment and possibly leading to long-term disability.
Injuries That May Not Be Covered
Even though workers’ compensation considers many injuries and illnesses, some specific situations generally don’t receive coverage:
- If you provided false information or injured yourself to obtain benefits.
- If the accident took place while you were under the influence of drugs or alcohol.
- Injuries that happen during an employee’s personal time, not during work hours or in work-related activities.
- Failing to use assigned safety equipment when required.
- Cases where a pre-existing high-risk health condition leads to a heart attack or death, as it can’t be directly linked to the work environment.
Contact Our Workers’ Compensation Expert Lawyers for Help
Each case has its unique challenges, especially when it involves determining coverage for specific injuries or navigating the complex rules surrounding workers’ compensation in Georgia. Our team at Deming Law specializes in handling workers’ compensation claims with precision and dedication. We understand the stress and confusion that can arise after a workplace injury, and we’re here to clarify your doubts and guide you through every step of the claims process.
Connect with us today. Whether you need help filing your claim or you’re facing issues with an existing claim, our experienced attorneys are ready to provide the support you need to achieve the best possible outcome.
