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FAQ Workers Compensation

CAUTION: Please note that NO information contained on this website can replace a person to person meeting or a telephone conversation with an attorney concerning your particular case and particular questions. I encourage you to contact our office via telephone or e-mail to arrange a mutually convenient person-to-person meeting.

What is workers' compensation?

Workers' compensation is insurance that your employer is required by law to carry. Any employer with three (3) or more employees is required to carry workers' compensation insurance. Workers' compensation insurance is there to help you if you are injured on the job.

What should I do if I am injured on the job?

Immediately report your injury to your employer/supervisor. Immediately obtain appropriate medical treatment. Immediately contact my firm at (770) 645-8801 to discuss your claim in greater detail and your rights.

What are my benefits under workers' compensation?

The employer and/or the insurance company are required to pay for your medical treatment, lost wages, permanent disability rating, and sometimes you can obtain a lump sum settlement.

Do I need an attorney to handle my workers' compensation claim?

You have the right to representation by an attorney of your choice in connection with a work-related injury. Keep in mind that the workers' compensation insurer is NOT your advocate and will not have your best interest in mind. I highly recommend discussing your claim with an attorney.

When must I file a claim with the State Board of Workers' Compensation?

To protect your rights, you should file a claim with the Board immediately after your accident or injury. Technically, an individual must file a claim with the Board within one (1) year of the date of his or her accident.

What happens at a workers’ compensation hearing?

A workers’ compensation hearing is usually held Monday through Friday at several locations throughout the State. A hearing is a formal process. You will have the opportunity to explain to the Judge your side of the case, however, the insurance company will also have a representative arguing against your case

In the state of Georgia, what workers compensation rights do I have as an employee?

1.If you are injured on the job, you may receive medical rehabilitation and income benefits. These benefits are provided to help you return to work. Your dependents may also receive benefits if you die as a result of a job related injury.

2.Your employer is required to post a list of at least six doctors or the name of the certified WC/MCO that provides medical care, unless the Board has granted an exception. You may choose a doctor from the list and make one change to another doctor on the list without the permission of your employer. However, in an emergency, you may get temporary medical care from any doctor until the emergency is over, then you must get treatment from a doctor on the posted list.

3.Your authorized doctor bills, hospital bills, rehabilitation in some cases, physical therapy, prescriptions, and necessary travel expenses will be paid if injury was caused by an accident on the job.

4.You are entitled to weekly income benefits if you have more than seven days of lost time due to an injury. Your first check should be mailed to you within 21 days after the first day you missed work. If you are out more than 21 consecutive days due to your injury, you will be paid for the first week.

5. Accidents are classified as being either catastrophic or non-catastrophic. Catastrophic injuries are those involving amputations, severe paralysis, severe head injuries, severe bums, blindness, or of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy. In catastrophic cases, you are entitled to receive two-thirds of your average weekly wage but not more than $500 per week for a job-related injury for as long as you are unable to return to work. You also are entitled to receive medical and vocational rehabilitation benefits to help in recovering from your injury. If you need help in this area call the State Board of Workers' Compensation at (404) 656-3818.

6.In all other cases (non-catastrophic), you are entitled to receive two-thirds of your average weekly wage but not more than $500 per week for a job-related injury. You will receive these weekly benefits as long as you are totally disabled, but no longer than 400 weeks. If you are not working and it is determined that you have been capable of performing work with restrictions for 52 consecutive weeks or 78 aggregate weeks, your weekly income benefits will be reduced to two-thirds of your average weekly wage but no more than $300 per week, not to exceed 350 weeks.

7.When you are able to return to work, but can only get a lower paying job as a result of your injury, you are entitled to a weekly benefit of not more than $300 per week for no more than 350 weeks.

8.Your dependent(s), in the event you die as a result of an on-the-job accident, will receive burial expenses up to $7,500 and two-thirds of your average weekly wage, but not more than $450 per week. A widowed spouse with no children will be paid a maximum of $125,000. Benefits continue until he/she remarries or openly cohabits with a person of the opposite sex.

9.If you do not receive benefits when due, the insurance carrier/employer must pay a penalty, which will be added to your payments.

I highly recommend you contact Skip McManes toll free at: (866) 612-2481 or by email at lawyer@mcmaneslaw.com to discuss your case in greater detail.

Call (770) 645-8801, or contact us online today for a FREE initial consultation regarding your Workers Compensation Claim or Personal Injury Claim.

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