No matter the circumstances, being injured or becoming ill at work can be stressful for any worker. A work-related injury could require costly medical care and leave you temporarily or permanently unable to support yourself and your loved ones.
In Georgia, most employees are entitled to workers’ compensation benefits if they are injured at work. The workers’ comp benefits you could receive can cover the medical treatment you need, replace a portion of your lost wages, and help you get back on your feet after an occupational injury or illness.
At the Law Offices of William F. Underwood, III, P.C., our workers’ compensation lawyers in GA are dedicated to helping injured workers seek the benefits they need and deserve. Call us or reach out to us online today to learn more about how we could help you. Your consultation is free of charge, so call now.
What Are Workers’ Compensation Benefits?
Workers’ comp benefits are available to eligible employees who sustain work-related injuries and illnesses. Injured workers are typically entitled to benefits that pay for their medical bills, a portion of their lost wages, and certain other injury-related expenses.
Benefits are generally available regardless of who was at fault for the employee’s injury, though there are several important exceptions and limitations, as follows:
- Only certain employers carry insurance – Under Georgia law, only employers with three or more regular employees are required to have workers’ compensation coverage. You can check to see whether your employer provides coverage here.
- Only certain employees are covered – Only regular employees are entitled to benefits. You may not be covered if you are an independent contractor, seasonal worker, or casual employee. Certain occupations are also excluded from coverage by law, such as agricultural workers and domestic employees.
- Only work-related injuries are covered – Workers’ comp only covers injuries and illnesses that are work-related. This includes injuries that occur while employees are performing work-related duties at off-site locations. However, your employer’s policy might not cover injuries in the workplace if they happen because an employee was intoxicated, engaged in horseplay, or otherwise broke their employer’s code of conduct.
- You must receive treatment from authorized providers – Georgia law gives employers the right to mandate which providers you may see for treatment. You must choose from a list of authorized providers or work with a managed care organization to find one for you. The only exception is if you require emergency care, in which case you are permitted to seek treatment from the nearest available provider.
- You are not usually able to sue your employer – Workers ’ comp is considered an “exclusive remedy” for work-related injuries, which means your employer essentially receives immunity from lawsuits in exchange for providing your benefits. You are typically only able to sue in rare circumstances, such as situations in which your employer intentionally contributed to your injuries. However, you may have grounds for a lawsuit against a third party if they contributed to the circumstances that left you injured or ill.
What Are the Four Types of Workers’ Compensation Benefits?
Workers’ compensation insurance can provide the four following types of benefits after a Georgia work injury:
- Medical coverage benefits – These include the costs of any reasonable and necessary care you receive for work-related injuries from authorized providers. This includes hospital bills, doctor’s bills, prescription costs, and physical therapy or rehabilitation costs. You are also entitled to reimbursement for emergency care, even from unauthorized providers, as well as necessary costs of transportation to and from medical appointments.
- Wage replacement benefits – If you are forced to miss time at work while you recover from your injuries, you may be entitled to benefits that replace a portion of your lost wages. Wage replacement benefits are typically only available for 400 weeks, but you may be entitled to benefits indefinitely if you suffer a permanent injury.
- Vocational rehabilitation benefits – You may be awarded benefits for the costs of vocational rehabilitation services such as job-related training, education, and guidance that help you get back to work after an occupational injury or illness.
- Worker death benefits – If a worker dies due to an occupational injury or illness, their surviving family members may be entitled to death benefits. These benefits cover things like funeral costs and a portion of the employee’s average weekly wages.
What Workers’ Comp Does Not Cover
Workers’ comp benefits help workers heal and get back to work after job-related injuries. However, they are limited in scope. Workers’ comp benefits do not cover costs associated with:
- Unnecessary treatments – Elective treatments you receive that are unrelated to alleviating pain, improving or curing your condition, or helping you return to work are not covered.
- Unauthorized providers – Any treatment you receive from an unauthorized provider, except in the event of a medical emergency, is not covered.
- Non-work-related injuries – Treatment you receive for injuries, illnesses, or other conditions that you did not sustain while performing work-related tasks is also not covered.
Will Workers’ Comp Pay for Pain and Suffering?
When you file a standard personal injury case, you can claim compensation for “pain and suffering.” This legal term refers to the intangible costs of the physical pain, mental anguish, and emotional distress you endure from your injuries.
However, compensation for pain and suffering is not available in a workers’ comp claim. Injured workers are only entitled to medical, wage loss, vocational, and death benefits through their employers.
To obtain compensation for your pain and suffering, your only option is typically to file a lawsuit against a third party. Georgia law generally prohibits you from suing your employer except in rare cases. A knowledgeable workers’ compensation attorney in Georgia can determine whether any third parties may be at fault for your injuries and can help you seek fair compensation for your pain and suffering.
Does Workers’ Comp Cover Long-Term Problems and Illnesses?
Yes. Many workers’ comp claims involve accidental injuries, but you can also receive benefits for injuries and illnesses caused by work-related activities that occur over long periods. This can include injuries you develop from repetitive motion strain over time, as well as conditions you sustain from exposure to dangerous substances or pathogens in the workplace.
Talk to a Workers’ Compensation Lawyer Today
As an employee, you might be eligible to claim workers’ comp benefits after a work-related injury or illness, but it’s not always easy getting the benefits you deserve. Fortunately, with a knowledgeable workers’ compensation lawyer on your side, you can rest easier knowing that someone is fighting for you.
After a workplace injury or illness sidelines you, contact the Law Offices of William F. Underwood, III, P.C. to speak with one of our Georgia workers’ compensation lawyers about your case during a free consultation.
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