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If you have been injured on the job, you may need to seek guidance from our workers' compensation lawyers in Carrollton, GA. In the aftermath of an injury – especially a serious one – it can be stressful and confusing to figure out what you should do. Be aware of your rights and how the process works ahead of time, and you will be prepared to apply for benefits.
The first step you should take if you are injured on the Job is to report the injury to your supervisor immediately. Give them as much detail as you can about the nature of the injury. After you have reported the incident, ask your supervisor to make a copy of the documentation of your injury.
Writing/reporting is crucial; with documentation to verify what happened to you, a supervisor may only accept your injury as minor or report it to higher-ups. Without proper records, the state agency can deny your claim. Be aware that time is of the essence. Report and document as soon as possible after the injury event, and include as many details as possible about what happened. Corroborate your account with pictures of the accident scene (a cell phone camera picture will do fine), as well as written witness statements collected in a timely manner.
As soon as possible, against all else, obtain a medical evaluation even if the injury does not seem like a "big deal," many injuries (especially those involving the neck and spine) worsen later. Therefore, you want a record on file that shows that you saw a physician after being hurt.
Do not put off going to the doctor if injured on the Job. The insurance company may try to pay less for your claim if you fail to seek proper, timely medical attention. Per Georgia worker's compensation guidelines, you generally must choose a doctor from a list provided by your Employer. You may also get a second opinion from another physician on the list. While undergoing a physical examination, tell the doctor about any pain or discomfort you experience. Don't embellish, but don't underreport, either.
Get copies of all medical records relating to the injury, as well as all medical bills. The former includes X-rays, MRIs, CAT scans, and similar tests. If the doctor sends you to physical therapy or another type of rehabilitation during the recovery process, attend every session, and document your attendance. Follow the doctor's orders. Keep a record of your mileage to and from a physician and other healthcare-related visits, as costs related to such travel can be reimbursed.
To officially file a claim for worker's compensation benefits in Georgia, you must fill out Form WC-14 and place it on file with the State Board of Worker's Compensation. Give a copy of the form to your Employer and your Employer's worker's compensation insurance provider. If you do not know the information for your Employer's insurance company, the State Board can provide assistance in getting the info that you need.
Documenting your injury and recovery can be crucial to your Georgia worker's compensation claim. Without a carefully written account of what occurred, along with supporting evidence, your Employer can deny your story, or the State Board of Worker's Compensation can reject the claim.
Provide your doctor with as much detail as possible about your injury and the level of the resulting pain. Talk with your doctor about any previous history of work-related injuries as well. Keep careful records throughout your treatment, and obtain relevant medical records from a health care professional. If the injury results in missing work for more than seven days, you may be eligible for benefits that pay two-thirds of your average weekly earnings (up to $500 per week).
Identify any co-workers or other witnesses to your accident. Anyone who saw what happened is a potential witness. Your attorney can take depositions from these individuals for filing with the State Board of Worker's Compensation.
Save all emails and texts relating to the injury that you sent to your supervisor or Employer. If possible, take photos of your injury, or have a loved one do this. Keep all documentation of your injury to yourself, except for your attorney and spouse. Posting information about your injury on social media is not documentation and can harm your case – don't do it!
For experienced guidance, contact a lawyer at SWS Accident & Injury Lawyers to ensure you receive the benefits to which you are entitled. Call us today at 770-214-2500.
The short answer is no; not every type of job-related injury is covered by worker's compensation in Georgia. While worker's compensation does cover the overwhelming majority of job-related injuries and certain illnesses, the Employee is responsible for their own behavior. A worker's compensation claim might be rejected if the Employee behaves irresponsibly.
Suppose you have been injured at work and have been denied your benefits. Do not accept the answer from the Employer. Call us now to find out if you are entitled to worker's compensation benefits.
Believe it or not, this is not always an easy thing to determine. Sometimes employees are injured in pretty obvious ways. If an employee is lifting a heavy object at work and sprains their back, it is easy to conclude that it is a work-related injury. If an employee is driving a company vehicle and has a car accident doing a delivery, it is easy to conclude that the Employee has a work-related injury.
But what happens when the injury occurs while performing an activity that is not technically a job requirement? What if you are injured on the way to lunch? What if you are leaving lunch and returning to work and are injured? What if you are injured going to the bathroom?
All of these events do happen, and the Georgia Courts must determine the answer to the following question, "Did it arise out of and in the course of the employment?"
In a recent case coming from the Georgia Workers Compensation Appellate Division, an employee injured himself while entering the Employer's premises. It had been raining that day, and the Employee was running into the building to use the bathroom before his shift began. As he approached the building, he slipped and fell, injuring himself.
From a casual review of those facts, it doesn't seem like the Employee suffered a work injury. The Employee was injured coming into the building before his shift had started and injured because he slipped due to rain and his hurry to get to the bathroom.
Yet, the courts found that "given the totality of the record, there was a causal connection between the conditions under which the employment was performed and the Employee's injury. As such, the Employee's accident arose out of and in the course of employment."
Worker's compensation law differs significantly from state to state — and Georgia's rules and laws have their fair share of quirks. As you pursue compensation for your workplace injury, it is in your best interest to keep the following considerations in mind:
Penalties for Late Worker's Compensation Payments
Penalties for late payments may be assessed in several states, but they are lower in Georgia than in many regions. Depending on the situation, the Employer may be required to pay a 15 percent penalty. This penalty can be assessed if benefits were inappropriately denied or if the Employer simply forgot to send a payment. For this reason, it behooves injured employees in Georgia to keep track of worker's compensation payments and to take note when they do not arrive on time.
Requirement for Timely Reporting of Injuries
Employers must establish clear protocols for reporting workplace injuries promptly. Failure to report injuries within a specified timeframe may result in the forfeiture or reduction of workers' compensation benefits. This ensures that injuries are addressed promptly, preventing complications and disputes over the cause or severity of the injury.
Catastrophic Versus Non-Catastrophic Injuries
Under Georgia law, worker's compensation cases are either defined as catastrophic or non-catastrophic. Typically, a case is deemed catastrophic if the injured Employee would qualify for Social Security disability benefits. Injuries deemed catastrophic include limb amputation, severe brain injury, and industrial blindness, among others.
Choosing From a List of Six Doctors
Georgia employers must maintain a list of six approved doctors that employees can visit after being injured on the Job. In an emergency, employees can obtain treatment from a doctor not included on this list, but in all other situations, the physician treating the workplace injury must be one of the Employer's six approved medical professionals. Unfortunately, many employers choose physicians that they feel will take their side should employees pursue worker's compensation. As a result, injuries may be blamed on preexisting conditions rather than on workplace mishaps.
Workers Compensation
Benefits in GA
If an injury on the Job leaves you completely unable to work, you are entitled to TTD benefits. These benefits pay two-thirds of your average weekly earnings, with an upper limit of $675 per week for any injuries that happened after July 1, 2019. Injured workers only receive these benefits up to 400 weeks from the date of the injury, except in cases where a court determines the injury to be "catastrophic." These types of injuries include paralysis, permanent brain damage, total blindness, or the amputation of a limb. If you are injured while working for an employer in the state of Georgia, you may be entitled to receive income benefits from the company's insurance provider. The benefit begins at the time an authorized doctor places you out of work completely, or the doctor has placed you on light duty work, and the company cannot provide such work for you.
This sounds great at first. You get paid for not having to work during your recovery period. Unfortunately, the benefit is not as satisfying as it may seem.
The income benefit you would be entitled to be called the Temporary Total Disability (TTD) benefit. The way this benefit is calculated is that the insurance company will take the average of the last 13 weeks you were employed with the company prior to the injury. Let's suppose that you were injured on April 1. The company would take the average of the 13 weeks prior to your injury, which would be all of the weeks in January, February, and March.
Many questions can complicate this calculation. What if you did not work 13 weeks for the Employer? What if you worked 13 weeks, but some weeks you only worked two days because of weather conditions? What if you were injured on the first day of the Job? What if you had two jobs at the time of injury and now cannot work either Job?
These are all great questions, and fortunately, there is an answer for each one, but that is for another post. (For answers to these questions, call 770-214-2500).
Once you have the 13-week average calculated, you will multiply that number by two-thirds or 66%. If the average of all your wages was $300, then you would receive a check from the workers' compensation insurance company for $200.
But there is a catch. The most you can receive is $550 per week. This means that if you earn more than $825 per week, you will not receive two-thirds of your average weekly wage but rather $550. If you make $1,000 per week, you will receive a check for $550. If you played football in the NFL and earned millions of dollars, your check would be….you guessed it….$550 per week.
This reality could be a severe economic injury to a person who is not completely able to work a regular duty job.
In the end, the compensation system that is available to workers injured in Georgia is one of the best in the country. However, the temporary total disability is NOT so total.
If your work-related injury only causes you to lose part of your total earning capacity, rather than 100% disability from work, you may be eligible for TPD benefits. These benefits apply if you can still work and earn a wage after your injury, but the wage you are earning is less than what you earned before you were injured.
TPD benefits grant injured employees two-thirds of the difference between their pre-injury earnings and their post-injury wages, with an upper cap of $450 weekly. If you qualify for TPD benefits, your Employer at the time of injury is responsible for paying them, even if you are earning a lesser wage with a different employer. TPD benefits apply for up to 350 weeks after the date of your injury.
PPD benefits differ from TTD and TPD benefits in that they do not apply to your earning capacity – rather, PPD only applies to your physical disability after an injury at work. You can be eligible for PPD benefits even if you never missed a day of work or lost any potential earnings after your injury.
The state uses a set formula to determine your PPD benefits; this formula considers your percentage of physical impairment, the body part that you injured, and your rate of compensation. If you qualify for PPD benefits, you are not entitled to receive payment for PPD until after payments for TTD or TPD benefits have been exhausted.
In the aftermath of a workplace injury, you enjoy some element of flexibility in filing for workers' compensation. Official deadlines do not require you to file right away. If you fail to adhere to the proper timeline, however, you may forfeit your right to benefits.
Giving Notice of Disability
Recently injured on the Job?
The Georgia State Board of Workers' Compensation mandates that you provide notice within thirty days of the incident or thirty days after you discover the symptoms of a work-related injury.
This is why we recommend that you notify your employer as soon as possible following your injury.
Filing a Claim
If you fail to file a claim for workers' compensation within a year, you'll forfeit your right to remuneration. There are, however, a few exceptions:
If the Employer paid weekly benefits due to the injury, the claim could be filed within two years.
When employers offer remedial care, the filing must occur no more than one year after the final treatment.
Claim timelines may be extended in select cases involving mental incapacity, injury to minors, or employer fraud.
What If My Condition Changes?
If your disability becomes worse, you must file a claim within two to four years of receiving your final benefit payment, depending on the type of remuneration you intend to seek.
If you fail to adhere to the two-year deadline, you may be barred from receiving future temporary disability or temporary partial benefits. You'll become ineligible for permanent disability if you file after four years of receiving your last payment.
GA Workers Compensation
Terms Defined
Having a work-related injury can be a devastating blow to both the injured person and the family. This is especially true when the injured worker is the sole breadwinner. Not only will the family have to live with the new normal of an injured member of the family but also with the severe consequences of the loss in income and earning capacity.
Recently, we represented a client who had lost a limb due to an electric saw accident. He was in his early 20's. To make it worse, his injury happened to his dominant hand. This injury was going to prevent him from playing the guitar, driving with two hands, doing a full-duty heavy-lifting job, and many more activities that we sometimes take for granted.
Despite the fact that the injury has completely changed this person's life, the worker's compensation system in Georgia does not pay for pain and suffering.
I know what you are thinking - crazy, right?
Georgia only pays three benefits:
First, if you are deemed to be out of work completely, you will receive two-thirds of your average gross weekly wage for the 13 weeks prior to the accident. This benefit will end in 400 weeks.
Second, you will receive a permanent partial disability payment calculated based on the disability the authorized treating physician assigns.
Lastly, you will receive 400 weeks of medical care so long as the authorized treating physician is recommending treatment.
That's it! No pain and suffering. The prospect of a multi-million dollar settlement due to pain and suffering does not really exist in the Georgia worker's compensation system.
This doesn't mean you cannot get a settlement. It doesn't mean it won't be a million dollars. This means that pain and suffering are not used to calculate the value of your case.
If you have been severely injured in a work-related accident, you are not going to receive pain and suffer damages. Although the law does not compensate you for the pain and suffering you have received, you undoubtedly have pain and suffering. Do not go at it alone. Hire a competent attorney to make sure you receive all of the benefits you are entitled to, and let the attorney help you receive a fair settlement.
When most people picture workplace injuries, they imagine injuries such as broken legs or torn ligaments. Far fewer give proper consideration to the equally painful injuries that appear after years of hard work. Cumulative trauma injuries, which are also referred to as repetitive motion injuries, deserve equal attention as they can cause considerable pain and inconvenience for hardworking employees, leaving them out of the workforce for years. Georgia's workers' compensation system addresses losses attributed to both sudden injuries and injuries that occur over time.
Maybe your back spasmed suddenly after an accident at work, or maybe years of repetitive lifting, twisting, bending, or sitting have finally caught up with you. In either case, you may qualify for workers' compensation in the state of Georgia.
Accidental Injuries
A workplace mishap—caused perhaps by carelessness, lack of signage, or a supervisor assigning you a task that you weren't physically strong enough to handle—suddenly and obviously debilitated you. For example, you slipped on a wet floor, or a heavy load fell as you lifted it. Injuries of this kind can cause back strain, muscle tears, or painful muscle spasms. Despite their excruciating nature, these injuries are often more straightforward than cumulative injuries because they can be traced back to a single incident.
A crisis that takes minutes or even seconds to unfold can have profound repercussions—and it's often hard to predict what will happen long term. For instance, a broken back—caused by a two-story fall off construction scaffolding—might heal in just a few months. A more minor-seeming problem, such as a slipped disk, can cause shooting pain that lasts for years because it's continually putting pressure on the nerves in your back. (Learn more about how to recognize a slipped disk here.)
Overuse Injuries
Any physical task–from lifting a heavy box to sitting all day at a desk–can cause back pain if you do it too much. Up to 90% of people experience back pain at some point. Most of these cases are due to overuse rather than a traumatic accident.
Repetitive work overloads specific muscles in the back, making it more difficult for them to recover from strain. This can exacerbate problems like arthritis, scoliosis, and osteoporosis, weakening your back and leaving it vulnerable to injury. Given time, overuse injuries can be just as painful as accidental injuries. (Learn how to prevent overuse injuries at work here.)
Injuries caused by workplace accidents and overuse can both qualify you for workers' compensation in Georgia. To learn more about your options, contact your experienced workers compensation lawyers in Carrollton, Georgia at Smith, Wallis, and Scott, LLP today.
Repetitive Stress Injuries
The repetitive nature of many positions leaves employees vulnerable to carpal tunnel syndrome, tendonitis, and other cumulative trauma disorders. Repetitive motion injuries are particularly common among factory and office employees, which constitutes a growing segment of the American workforce. Research indicates that over sixty percent of workplace injuries can be classified as repetitive stress disorders (RSDs). Job duties that lead to these types of injuries include:
Establishing Work-Related Injuries
Unfortunately, because cumulative trauma injuries cannot be attributed to a single, verifiable incident, they are much more challenging to prove for compensation purposes. A physician approved by your Employer must provide written verification indicating that your Job either caused your chronic condition or worsened a preexisting condition. If your Employer's physician denies the existence of your chronic condition, you may seek an independent medical assessment. With strong legal advocacy, the Georgia State Board of Workers' Compensation can be convinced to accept independent assessments.
In addition to meeting with an employer-approved physician and an independent medical professional, keep detailed records of your condition and the suffering it causes, as well as your responsibilities in the workplace. Take note whenever your pain worsens. This information can help your attorney prove the link between your Job and your injury.