404-636-4900 In Georgia, the workforce has the legal recourse of getting financially restituted after a workplace injury. The process of claiming workers’ compensation can certainly be daunting, but in these situations, understanding your rights and the steps to secure fair compensation is crucial. At Deming Parker, we offer skilled legal assistance to those facing the challenges of workers’ compensation claims in Columbus. We bring over 50 years of experience to the table to simplify the legal process and provide clear guidance on your rights, the types of accidents covered, and the compensation you can claim.
Need expert legal advice? Our experienced team of injury attorneys are here to help. Call our personal injury lawyers in the state of Georgia at (404) 636-4900 or contact us online.
What Is Workers’ Compensation?
Workers’ compensation is essentially an accident insurance program funded by employers. It offers several types of benefits, including:
- Medical benefits: Coverage for medical treatment related to the injury.
- Rehabilitation benefits: Assistance for recovery and return to work.
- Income benefits: Compensation for lost wages during recovery.
- Death benefits: Financial support for dependents in the event of a work-related death, typically two-thirds of the employee’s average weekly wage, up to a maximum limit
In Georgia, any business with three or more employees, including part-time and seasonal workers, is required to carry workers’ compensation insurance. This law ensures that employees are protected from the financial burden of work-related injuries or illnesses, providing them with necessary medical care and financial support during their recovery period.
Injured at Work? Our Columbus Attorneys Can Help You Claim Fair Compensation
According to the CDC, workers’ compensation systems are designed to provide medical care and income protection to employees injured on the job. The process of claiming workers’ compensation benefits can be complex, but the lawyers at Deming Parker can assist in the following ways:
- Providing expert legal representation tailored to your case’s unique circumstances, helping you understand your rights and the benefits you’re entitled to.
- Conducting thorough investigations to uncover all relevant facts and prove who is at fault.
- Gather evidence to support your claim.
- File the claim on your behalf, ensuring it’s complete and accurate.
- Negotiate strategically with insurance companies and other parties to maximize your compensation.
- Represent you in court, if necessary.
We have a proven track record of success in helping injured workers in Columbus claim the compensation they deserve. As our case results show, our attorneys have secured significant settlements for personal injury victims, including a recent $450,000 settlement for a workers’ compensation claim. Our knowledgeable lawyers can build a strong case on your behalf to ensure you also receive compensation that covers the full extent of your damages.
Common Types of Accidents at Work We Handle
Workplace injuries include many accidents, and while determining fault is not always a factor in claims, recognizing the nature of the accident is necessary because it often impacts the amount of compensation you can recover. Some of the types of cases we handle include:
- Slips, trips, and falls: These accidents are arguably the most common in various workplaces. They occur due to wet floors, uneven surfaces, or obstructed walkways.
- Machinery accidents: These involve severe injuries resulting from equipment malfunctions, often in industrial or construction settings.
- Repetitive motion injuries: Caused by continuous tasks like typing or assembly line work.
- Exposure to hazardous materials: Exposure to toxic substances without the proper protective gear often leads to acute or chronic illnesses.
- Overexertion injuries: These injuries occur from activities like lifting heavy objects and result in strains, sprains, or more serious musculoskeletal disorders.
- Vehicle accidents: Involving company vehicles, these accidents occur in work settings ranging from transportation industries to company errands.
- Falling objects: Being injured due to a falling object is a common accident in warehouse or construction environments.
- Electrical accidents: You can be injured due to electricity in cases of exposed wiring, faulty equipment, or during electrical maintenance tasks.
If you suffer a job-related injury or illness in Columbus, you’re likely entitled to workers’ compensation benefits. This provides financial support for victims regardless of who was at fault for the accident, but compensation is always tied to the work-related nature of your injury and the conditions under which it occurred.
Your Rights After Suffering a Workplace Injury
According to Georgia Code 34-9-8, employers, including principal contractors and subcontractors, are responsible for providing a safe working environment. Also, they must carry workers’ compensation insurance to cover their employees in case of injury. When looking to pursue legal action, it’s important to note that while workers’ compensation provides benefits to compensate you for the cost of the medical expenses and lost wages associated with the injury, it generally bars you from filing a lawsuit against your employer.
Am I Eligible for a Workers’ Compensation Claim if I Was At-Fault for My Work Injury?
In Georgia, employees are eligible for workers’ compensation benefits regardless of fault due to the state’s no-fault workers’ compensation system. This means that if you are injured at work, you can receive benefits even if your own actions contributed to the injury.
No-Fault System
Under Georgia’s workers’ compensation laws, the no-fault system ensures that liability is not a factor in determining eligibility for benefits. Employees can claim compensation for medical expenses, rehabilitation, and lost wages without needing to prove that their employer was negligent or that they themselves were not at fault.
This system is designed to provide a safety net for workers, allowing them to receive timely support for their injuries without the lengthy process of determining fault.
Exceptions to Coverage
While you can generally receive workers’ compensation benefits even if you are at fault, there are certain exceptions where benefits may be denied:
- If the injury occurred while you were under the influence of drugs or alcohol, you may be ineligible for benefits.
- If you were injured while violating a significant company policy, such as engaging in unsafe practices or breaking the law, your claim could be denied.
- Injuries sustained while commuting to or from work typically do not qualify for workers’ compensation benefits unless you are engaged in a work-related task at the time.
Will I be Paid for My Time Off Work?
You may be eligible for wage replacement benefits if you miss work due to a work-related injury, but there are some important considerations:
Waiting Period
There is a 7-day waiting period before wage replacement benefits begin. You will not be paid for the first 7 days you miss work unless you are out for more than 21 days total.
Wage Benefits
- If you miss more than 7 days of work due to your injury, you may be eligible for temporary total disability (TTD) benefits.
- TTD benefits are typically two-thirds of your average weekly wage before the injury.
- Benefits can continue until you reach maximum medical improvement (MMI) or are able to return to work, for up to 400 weeks.
To receive wage replacement benefits, you must report your injury to your employer immediately and file a claim with the Georgia State Board of Workers’ Compensation.
How to Know if You Have a Case: Qualifying for Workplace Injury Compensation
To determine if you qualify for workers’ compensation and if you have a valid case, you need to consider several aspects of your employment and the circumstances of your injury. Firstly, you should know that workers’ compensation typically covers employees, but not independent contractors, freelancers, or volunteers.
Another important factor is workers’ compensation insurance. Most employers are mandated to carry this insurance, but requirements vary depending on the size of the company and the type of work. In many places, including Georgia, businesses with three or more employees are required to have workers’ compensation insurance.
Don’t Delay Your Claim
Additionally, to qualify for workers’ compensation, the injury or illness must be work-related. This means it should have occurred while you were performing job duties or as a result of your employment. Lastly, you need to report your injury to your employer as soon as possible. In Georgia, for instance, you should report the injury within 30 days to remain eligible for workers’ compensation benefits.
If your situation aligns with these criteria, you likely have a valid workers’ compensation case. However, it’s always advisable to consult with an attorney, especially if your case involves disputed circumstances or if you’re unsure about any aspect of the process. We can help you clarify your eligibility and guide you through the steps to ensure you receive the benefits you’re entitled to.
Type of Compensation You Could Claim
As an injured worker, you’re entitled to several types of workers’ compensation benefits, including:
- Medical expenses: Coverage for all necessary medical treatments related to your workplace injury or illness.
- Lost wages: Compensation for the time you’re unable to work due to your injury, typically a portion of your regular wages.
- Disability benefits: Financial support in cases where your injury leads to temporary or permanent disability.
- Vocational rehabilitation: Assistance in case you need to train for a different role or job due to your injury.
Need expert legal advice? Our experienced team of injury attorneys are here to help. Call our personal injury lawyers in the state of Georgia at (404) 636-4900 or contact us online.
Contact Our Lawyers in Columbus to Assist with Your Workplace Injury Case
After a workplace injury in Columbus, don’t wait to seek legal assistance. Contact us now to schedule a free consultation and discuss your case and possible case result amounts: we’ll provide the support and expertise you need to secure compensation for your injuries under Georgia’s law.
