Being injured at work is a terrible experience and regularly affects a significant number of employees in Georgia. In 2020, most work injuries were caused by transportation, contact with equipment, slips and falls, and violence by a person or animal in the state of Georgia. Employees who are injured at work can be fully compensated through workers’ compensation claims to cover the cost of their injuries and any wage loss. You should alert your employer immediately if you are injured. Claims are legally required to be reported by injured workers to employers within 30 days of the date of the injury. Waiting too long to report can result in denial by your employer’s workers’ comp insurance company. Discuss how you were injured with your Augusta workers’ compensation attorneys, so they can review your case. This allows your workers’ compensation lawyer to determine how much you should receive according to state law. Once you understand how much you should receive, you can be financially protected while recovering from your injuries. For a free consultation, contact the Augusta workers’ compensation lawyers at Hansford McDaniel Law Firm and learn more about workers’ compensation claims.
What Can Get Me Denied On My Georgia Workers’ Compensation Claim?
Your workers’ compensation claim can be denied for various reasons. Our Augusta workers’ compensation lawyers explain that the many reasons injured workers may not receive workers’ compensation include the following.
Injuries Not Covered By Workers’ Compensation Benefits
You may have injuries that were pre-existing or caused by an accident that was not work-related. If you were not working when you were injured (in a car accident on the way to work for example) this would not make you eligible for workers’ compensation.
Out of Control Events
Events that occur outside of your employer’s control would not make you eligible for workers’ compensation. For example, a tornado or other natural disaster destroyed the work facility.
Common Illnesses
When you feel the symptoms of a common cold or a chronic headache, this also would not make you eligible for workers’ compensation. You must experience a serious injury so severe it prevents you from working or reduces your ability to work.
Pre-existing Conditions
If you already suffer from a pre-existing condition, this could make you ineligible for benefits. For example, if you had chronic back pain before you became a warehouse employee, you might be ineligible if your condition worsens. Another example is if you suffer from a history of heart attacks and experience one at your job.
Unlawful Activity
If you are participating in criminal activity at the time of your injury, you become ineligible for workers’ compensation.
Intoxication
If you are drunk or under the influence of drugs and become injured, you will be denied benefits. The likelihood of an injury occurring is drastically increased when working in a drunken or intoxicated state.
Basic Injuries
You may not receive benefits in your workers’ comp case if you experience only minor injuries rather than serious or catastrophic injuries. Workers’ compensation benefits are only distributed if you must stay home for 7 days or more. Your doctor will recommend an appropriate amount of time off based on the severity of your wounds.
Self-Injury
If you intentionally harm yourself while at work, this also makes you ineligible to receive workers’ comp benefits.
Workers’ Compensation Claims FAQs
Filing a workers’ comp claim is a very detailed process. Ask your Georgia workers’ compensation attorney for help on how to get compensated.
What percentage do workers’ comp attorneys receive in Georgia?
In Georgia, workers’ compensation insurance attorneys can receive up to 25% of the injured workers’ comp benefits. This amount cannot exceed more than 400 weeks of compensation benefits. You will not pay this amount upfront to your attorney. Instead, you would pay the amount due after you receive your award.
How long does it take to receive a workers’ comp settlement check in GA?
Your check can arrive as soon as 30 days or take as long as one year. On average, you can expect to wait several months before you receive your first workers’ comp settlement check. Additionally, you can choose either a lump sum or weekly payment option depending on your circumstances. You can speak to an attorney and find out the best option for you.
Can you sue your employer for negligence in GA?
Georgia is a no-fault state, so you are able to receive benefits for workers’ comp claims regardless of who is at fault. Your employer may decide to provide non-liability or liability workers’ compensation benefits depending on their insurance policy. If you sue your employer for negligence, it must be for gross negligence as a civil lawsuit. Gross negligence refers to a work environment that is hazardous, placing you in immediate danger. An attorney could file a personal injury lawsuit against a third party if they were involved with your injury. For example, defective equipment from a manufacturer.
How much does workers’ compensation cost in Georgia?
Workers’ compensation in Georgia comes in several forms. You will receive benefits depending on how long you expect to take to recover and if your workplace injury is permanent or temporary. Injured workers can expect to get medical benefits that cover the medical bills from their work related injury. Additional financial compensation will depend on the other income benefits and the status of disability.
Temporary Partial Disability
You can receive temporary partial disability benefits if you return to work while struggling with an injury. If you take on a role that pays less while you are recovering, your benefits will be two-thirds of the weekly pay you received before you received workplace injuries.
Temporary Total Disability
If you have to stay home and recover because you experienced a total disability, then you can receive workers’ compensation coverage for up to 400 weeks. This amount would be 66 ⅔ % of your weekly wages previous to your work-related injury.
Permanent Partial Disability
When you are permanently disabled but still able to work, you can continue to receive temporary partial disability rate payments. The distributions can continue for a lifetime and help supplement your lost wages.
Permanent Total Disability
If you are permanently disabled because of a catastrophic injury, you will continue to receive temporary total disability rate payments. These payments can continue for the rest of your life.
Medical Benefits
Any necessary healthcare benefits will also be compensated for through your workers’ compensation award.
Other Benefits You Can Receive
Additional benefits you can receive for your workplace accident include death benefits, funeral benefits, vocational training, mileage reimbursement benefits, and more. If a work injury has caused loss of life, the surviving family members can receive these survivor benefits.
Learn About All The Benefits You Can Receive From Your Augusta Workers’ Compensation Attorney
Find out what your benefits should be by speaking to an Augusta workers’ compensation lawyer. They can review your claim using their in-depth knowledge of workers’ compensation claims. You may be eligible for recovering your medical costs, vocational rehabilitation, travel expenses, lost income, and more. Your attorney will prevent your employer’s insurance company from granting you a lesser award than you are owed. You should receive enough to cover lost wages, medical expenses, and more. They will also help you through the appeal process if you were initially denied for your on the job injury benefits. Working with an experienced workers’ comp attorney can streamline the process and make life easier for you. There are no upfront costs and you can speak to an attorney today. To get fair benefits with the help of work injury lawyers, call Hansford McDaniel Law Firm now for a free consultation with our legal team.
What Our Clients Say
“Nate and team run a top shelf operation! Compared several, nothing compares.”
-Derek Anderson
“Highly recommended for anyone injured. My first experience with an attorney. I had no idea what to expect. Now, after a year Nate and the entire support staff feel like family! I'm so glad I chose the Hansford McDaniel Law Firm!”
-Ken L
“I was very happy with the time frame and the service, couldn't have asked for any better. 5 stars!”
-Jimmy W
“You can trust Nate Hansford for your Worker’s Compensation needs. I refer my injury clients to Nate for Worker’s Comp. claims while I work on our clients third-party claims against negligent defendants. My clients are in good hands with Nate.”
-Blade Thompson (BLADE INJURY LAW)
“My experience at Hansford McDaniel Law Firm was a good one. My case was unusual and complicated in my opinion, but they helped me out when I had no one else to turn to. My results were better than I expected and I am very happy with the outcome. I would highly recommend [my attorney] at the Hansford McDaniel Law Firm to anyone I know that may have the same situation arise.”
-Christopher M
“Hello just here to shout out to the staff and attorneys at Hansford they made my experience a pleasure and always contacted me to let me know what’s happening never felt out of the loop. My issues were handled promptly. Would use their services again.”
-Andrew Jackson
“I highly recommend this company if you’re injured. They handled everything quickly and were very kind. They explained everything in detail on what was happening every step of the way. They definitely have some sharks and that’s what you’ll need!”
-Cassidy Underworld
“The challenge was very trying, but you guys made it pleasant with your patience and reassurance. Thank you so much and I pray that your Holiday season begins with joy and prosperity.”
-B. Haywood
“My case was handled in a prompt and timely manner. [My attorney] was very professional and willing and able to answer all the questions I had. He returned my calls immediately, and was very nice and respectful. I will refer anyone I know to Hansford McDaniel Law Firm.”
-Milton J
“What a great guy. He was patient with me. Answed all my questions in a timely manner. Well with brain trama you are confused. And Nate made it really simple and understandable. Thanks to you and your crew I'll be closing on a house very soon.”
-Sean Lemmond
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At Hansford McDaniel - Workers' Compensation Attorneys, we proudly represent clients from all over Georgia and throughout Alabama.
