404-636-4900 Understanding your rights and the scope of benefits under Georgia’s workers’ compensation laws is essential when dealing with a workplace injury or illness. These benefits are designed to offer substantial support during recovery, ensuring you have the necessary resources to regain your health and financial stability.
File a Claim for Workers’ Compensation
After a work-related injury, timely action to file a workers’ compensation claim is essential. This process begins with obtaining and completing a Form WC-14 from the State Board of Workers’ Compensation, which will serve to document the injury and your request for benefits. During this process, you’ll need to provide detailed information about the injury, such as how, when, and where it occurred.
It’s also important to include any medical diagnosis you’ve received. Remember, accuracy and thoroughness in this stage are vital, as any omissions or errors can delay or even jeopardize your claim. At this stage, working with our workers’ compensation lawyers can significantly improve your chances of a successful outcome on your claim.
Are You Qualified for Workers Compensation Benefits?
To be eligible for workers’ compensation benefits in Georgia, you must meet specific criteria:
- Employee status: To qualify for workers’ compensation benefits, you must be classified as an employee by your employer. This means that independent contractors, freelancers, and individuals in the gig economy are generally not eligible for these benefits.
- Work-related injury or illness: Your injury or illness must be directly related to your work to be eligible for workers’ compensation benefits. In other words, the injury must have occurred while you were performing tasks for the benefit of your employer.
- Reporting deadlines: Lastly, it’s crucial to report your work-related injury or illness immediately to your employer. If you wait more than 30 days, you’ll lose your right to recover benefits.
Also, it’s noteworthy that businesses with three or more workers are mandated by Georgia’s State Board of Workers’ Compensation to provide workers’ compensation insurance, covering employees from their first day of employment.
Workers’ Compensation Benefits in Georgia
Georgia law ensures a comprehensive range of benefits for employees suffering from work-related injuries or illnesses, including medical expenses and lost wages. The workers’ compensation benefits you can receive include:
Types of Benefits:
- Medical treatment coverage, including doctor bills, prescriptions, rehabilitation costs, necessary travel expenses, and all other authorized medical costs.
- Lost wages, if you’re unable to work for more than seven days. You’re entitled to receive two-thirds of your average weekly wage (up to $800 per week), for up to 400 weeks. Additionally, catastrophic injuries may warrant lifetime benefits, depending on the specifics of your case.
- Rehabilitation services, including physical and occupational therapy, alongside psychological support.
- Disability benefits, catering to both total and partial disabilities (more on this below).
- Death benefits for dependents, who include your surviving spouse, children, or dependent stepchildren. They will receive two-thirds of your average weekly wage or a maximum of $800 per week.
Types of Disability Benefits:
Temporary Total Disability (TTD)
TTD benefits offer financial support for those completely unable to work post-injury. Georgia Code § 34-9-261 states that the benefit is two-thirds of the individual’s gross weekly wage, with a maximum of $800 per week and a minimum of $50 per week. This benefit is paid for a maximum of 400 weeks from the date of the injury unless it’s a catastrophic injury, in which case the benefit continues until the employee’s condition improves.
Temporary Partial Disability (TPD)
For those returning to work in a limited or restricted capacity (where they can only perform light work or work fewer hours than usual), TPD benefits help bridge the financial gap. This benefit equals two-thirds of the difference between your pre-injury and current wages, capped at $533 per week and payable for a maximum of 350 weeks from the date of the injury, as outlined in the Georgia Code § 34-9-262.
Permanent Partial Disability (PPD)
Permanent partial disability refers to a partial but permanent loss or loss of use of body parts resulting from an injury. For example, losing both arms, hands, legs, feet, or any combination of these, or permanent total loss of vision in both eyes, creates a presumption of permanent total disability.
In these cases, employers must pay weekly income benefits to employees based on a schedule specified in Georgia Code § 34-9-263. Those benefits are calculated as two-thirds of your average weekly wage multiplied by the percentage of bodily loss or loss of use (as per the standards of the American Medical Association), with a maximum number of weeks based on the type of bodily loss.
What is the Statute of Limitations for Workers’ Compensation Georgia?
It’s crucial to report your injury to your employer immediately after it happens. If you wait more than 30 days, it could result in the loss of your right to claim workers’ compensation benefits. Additionally, Georgia Code § 34-9-82 sets a one-year limit from the injury date for filing a claim.
Due to these time restrictions, it’s crucial to consult with an experienced lawyer as soon as possible to begin the claim filing and negotiation process.
Consult with a Georgia Workers’ Compensation Attorney at No Cost Today
If you’re looking to file a workers’ compensation claim after a workplace accident in Georgia, our team at Deming Parker can help. We bring over 50 years of experience to the table, and we’ll take care of all the legal aspects associated with your claim while you focus on recovery. So, don’t hesitate to contact us today to schedule a consultation.
