Most employers in Georgia must carry workers’ compensation insurance to protect employees who get hurt on the job or develop an occupational illness. Eligible workers can apply for benefits to help pay for medical treatment, replace lost wages, and provide disability benefits while they heal.
But do all injuries and workers qualify for workers’ compensation in Georgia? Not necessarily. The workers’ compensation attorneys at the Law Offices of William F. Underwood, III, P.C. explain the law below. Call or contact us today for personalized answers about your situation. The first consultation is free.
What is a Workers’ Compensation Claim?
Georgia law requires most employers to provide workers’ compensation benefits to help employees cover their healthcare costs and missed wages after a job injury. These benefits are available to regardless of fault. If a qualifying employee sustains a work-related injury, they can file workers’ compensation claim requesting benefits.
Though workers’ comp benefits are supposed to be guaranteed regardless of who is to blame, employees sometimes run into trouble getting compensation for a workplace injury in Georgia. An experienced workers’ compensation lawyer can assist injured employees throughout the application process and advocate for the benefits they deserve.
Do My Injuries Qualify for Workers’ Compensation?
Many types of injuries qualify for workers’ compensation. The real hang-up employees face when filing a workers’ compensation claim is proving that their condition is work-related.
For an injury to be considered job-related, it has to occur during the course and scope of your employment. Suppose you’re a delivery driver and hurt in a car accident while delivering a package. That circumstance would likely entitle you to workers’ compensation benefits. But if you were injured in a crash while commuting to work one morning, those injuries would probably not be covered by workers’ compensation because you weren’t on the clock yet.
Your right to workers’ comp also depends on your employer’s legal obligations and your classification as an employee. As a general rule, any Georgia business with three or more employees must provide workers’ compensation coverage. But there are a handful of exceptions, including domestic servants, some agricultural workers, independent contractors, federal government employees, and some corporate executives.
With that said, there are cases where an employer intentionally misclassifies a worker to avoid paying higher workers’ comp premiums. This means that qualifying employees could miss out on the workers’ comp benefits they deserve. If you believe you have been misclassified, a workers’ compensation attorney in Georgia can review your employment status to determine your eligibility for benefits.
How Do I File a Workers’ Compensation Claim in Georgia?
After a workplace injury, the first thing to do is to notify your employer. This must happen within 30 days of the accident, even if your employer already knows you got hurt.
Next, you need to fill out Form WC-14 and send it to the State Board of Workers’ Compensation. You’ll want to include any supporting medical records and other documentation along with the claim form. A lawyer can complete these forms for you, which could prevent delays caused by minor errors.
After submitting the claim, the insurer has 21 days to investigate the accident and rule on your claim. If your claim is approved, you should start receiving benefits shortly. If your claim is denied, you may need to appeal the decision or file a workers’ compensation lawsuit seeking the benefits you are entitled to.
Why Should I Hire a Workers’ Compensation Lawyer?
Getting help from a knowledgeable workers’ compensation lawyer can help ensure that your claim paperwork is filed accurately and on time. An attorney can also communicate with their insurance company for you, represent you at hearings and appeals, and take the pressure off so you can recover from your injuries in peace.
For more information on your workers’ compensation eligibility, contact the Law Offices of William F. Underwood, III, P.C., today for a free initial consultation.
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