Tag Archives: Hurt on The Job

Hurt on the Job Legal advice

Are You Eligible for Workers Compensation?

Are You Eligible for Workers Compensation?

Are You Eligible for Workers Compensation?

Although workers compensation may or may not be covered in your state, knowing whether or not you are eligible for workers compensation is the first step in being prepared in case of a personal injury. How can you determine whether or not you are eligible? There are three basic requirements to help determine your status:

  • Your company is legally required to carry this insurance.

Again, your employer may or may not be required to carry workers compensation insurance. There are a number of parameters that go into making this a requirement. If the employer is required to carry coverage, or carry coverage just to make sure their employees are fully protected from workplace injuries, you are covered under the guidelines of the law.

  • You are a legal employee of the company.

You need to make sure your employer has you properly classified as an employee and not an independent contractor. For the record, independent contractors are not covered under workers compensation. There are instances where you are actually an employee and the employer classifies you as an independent contractor for their records. In these instances, soliciting help from an attorney is warranted.

  • You have a work-related injury or illness.

If you are doing work on behalf of your employer and become injured or sick, you are covered, whether you are on the actual premises or not. There are times where the injury may be questioned by the insurance company to fully determine whether or not your injury was work related, but as long as you can document your illness or injury while performing duties in a work capacity, you should be covered.

Personal Injury Hurt On The Job

Understanding the rules regarding the jurisdiction where you work can help. Even if you meet this criteria, you may still be exempt. Certain workers included in this designation include domestic, undocumented, seasonal, and agricultural workers. If you feel you are eligible for workers compensation due to a personal injury sustained on the job and are being denied those benefits, seeking help from an attorney can get your case heard.

Attorneys who specialize in workers compensation claims will get the facts of your case, file an appeal and take the steps needed to get the compensation you deserve. There are many cases where employers will attempt to shut employees out from receiving their benefits. A workers compensation attorney is familiar with the intricacies of these cases and will work on your behalf to achieve a favorable solution.

Do you have question on workers compensation or have you been hurt on the job?  If you would like to speak to a Skip McManes Workers Compensation Attorney for a free consultation click here

6 Things You Need to Know About Workers Compensation Laws

Workers Compensation Laws

Workers Compensation Laws

Although the majority of Georgians want to work and earn an honest living, sometimes on-the-job injuries can make it difficult, if not impossible. According to state reports, there were 31,977 workers compensation claims in the last recorded year. That’s about the equivalent of the entire population of Douglasville being out of work, or more than twice the population of Dallas, Georgia, having to take time off for recovery. Sadly, many never even return to the workforce, and those who try to muddle through despite setbacks have trouble doing so without the help of a personal injury lawyer. If you’ve been hurt, especially if your situation involves a catastrophic injury, there are some things you should know before you settle with the insurance company.

1. Workers Compensation Laws Vary By State

Each state has specific workers compensation laws that determine if an employer is required to have insurance to cover employee incidents, how much money a hurt employee can receive, how long benefits will be available for, and a myriad of other things. In Georgia, any person or business that employs three or more people is required to purchase insurance to cover them.

2. Georgia’s Compensation for Limbs, Ranks Amongst the Lowest in the Nation

Individual states also set caps on how much an employee will receive if he loses a limb. Pro Publica researched each state and ranked them all based on the rate for each limb. A Georgian who loses a hand at work receives $60,930 less than the national average, and $654,967 less than someone in the highest-paying state will.

3. Your Payments Have an Expiration, Even Though Your Disability Doesn’t

Although the state makes some allowances for catastrophic injuries, many payment schedules have cut-offs, regardless of whether the individual is capable of earning the same income or not. For instance, someone who loses an arm or leg in Georgia can only receive payments for up to 225 weeks. Despite the fact that the limb is gone forever, payments cease after about four years.

4. Your Lifelong Income Will Likely Suffer After Injury, Even if You Return to the Workforce

OSHA recently performed a study that showed people who are hurt on-the-job pick up about 50% of the costs associated with the injury. Even more concerning, is that 10 years after the incident, injured individuals make 15% less than they would have if the event had never occurred. For some people, it’s not a huge loss, but for much of the working-class, that 15% can mean the difference between being able to pay for electricity and food for their family.

5. Your Benefits Will Be Determined By Someone’s Opinion

If a worker loses a hand entirely, it’s almost a given that he will be eligible for the full benefit available, or $60,930. However, if that hand isn’t lost entirely, perhaps it was trapped and mangled in a machine, a doctor determines how much function has been lost. So, if a doctor determines that the hand’s functionality is only reduced by 25%, the payment will only be $15,232.50.

6. Your Decisions After an Injury Can Impact How You Are Compensated

Insurance companies generally try to settle on a fixed amount, especially when catastrophic injuries are involved. It’s in their best interest to do so, because they often pay out less this way. However, it’s at a cost to the injured worker, which is why it’s not always a good idea to settle. A personal injury lawyer can assist in the entire process, in navigating the medical opinion phase, and can help you earn fair reparations if you’ve been hurt on-the-job.

If you you have been hurt on the job and have a catastrophic injury and need help understanding Workers Compensation Laws in the state of Georgia contact us at McManes Law for a free legal consultation.