No one ever expects to be injured at work, but unexpected injuries and occupational illnesses impact the lives of thousands of workers in Georgia each year. In fact, more than 78,000 workers across Georgia suffered a nonfatal injury or illness on the job in just one recent year, according to the Bureau of Labor Statistics.
Workers’ compensation benefits exist to help injured workers when they’re hurt, but many Georgia workers find it challenging to obtain the benefits they need.
The Georgia workers’ compensation attorneys at Sherrod & Bernard, P.C., know that not everyone is aware of their rights as an employee, especially when an unexpected injury or illness sidelines them. Our workers’ compensation lawyers have more than 80 years of combined experience helping injured people in our community. We’re ready to put our skills and knowledge to work for you.
Was your workers’ comp claim denied or undervalued? Let us help you appeal the decision. We are ready to discuss your injuries, how workers’ compensation works, and how we can help you seek benefits from your employer’s policy. Don’t wait. Contact us today for help.
Who Does Workers’ Compensation Cover?
According to the State Board of Workers’ Compensation, most employers in Georgia with three or more workers are required to carry workers’ compensation insurance. That applies to both public-sector and private employers. It doesn’t matter whether the employees work full-time or part-time.
Some workers are exempt from Georgia’s workers’ compensation laws. A few of these exempt workers include:
- Agricultural workers
- Employees of the state or federal government
- Certain corporate executives
- Railroad workers
- Domestic servants
Employers in Georgia are not required to carry workers’ compensation insurance for independent contractors. However, just because your employer calls you an independent contractor doesn’t make you one.
Some employers try to save money by misclassifying employees as independent contractors when they are actually employees. Your job duties and other factors determine whether you’re considered a contractor under Georgia law. Talk to our lawyers right away if you believe your employer has misclassified you as a contractor.
What Injuries and Illnesses Qualify for Georgia Workers’ Comp Benefits?
Workers who are eligible for workers’ compensation in Georgia can receive benefits for any work-related injuries and some work-related illnesses. As long as the injury occurred while you were engaged in a work-related activity, there’s a good chance you qualify for workers’ compensation benefits.
Workers’ compensation is a no-fault benefit, meaning you can receive benefits even if you were partially responsible for the accident that led to your injuries (within specific guidelines).
What makes an injury or illness “work-related” can be challenging to determine in some cases. If you are hurt in a car accident while making a delivery or out on a sales call, those are likely work-related activities, so you would likely be eligible for workers’ compensation benefits. However, workers’ compensation does not apply if you’re injured during your commute to and from work in most cases.
If you’re not sure if the injury or illness you’ve suffered is work-related, talk to an attorney.
What Types of Benefits Are Available from Workers’ Compensation?
Two main benefits are available under the Georgia workers’ compensation system. Medical benefits are the first. If your claim for benefits is approved, your employer’s workers’ compensation carrier is required to pay for all medically necessary treatments and other costs related to the specific injury or illness you’ve suffered. These benefits last for as long as it takes for you to fully recover or until your doctor determines you’ve reached maximum medical improvement (MMI), meaning additional treatment won’t do anything to help your recovery.
Disability benefits are the other benefits you can receive through workers’ compensation. These benefits are meant to cover a portion of the income you lose because your injuries prevent you from working. Disability benefits pay two-thirds of your average weekly wages up to a limit set by state law.
How Long Can You Receive Workers’ Compensation?
If your workers’ compensation claim is approved, your employer’s workers’ compensation carrier must cover your medical expenses until you make a complete recovery or your doctor says further treatment will not improve your condition.
Depending on the nature and extent of your injuries, there are four different types of disability benefits available to injured workers in Georgia:
- Temporary partial disability benefits
- Temporary total disability benefits
- Permanent partial disability benefits
- Permanent to total disability benefits
Temporary disability benefits are based on your average income and continue until you are cleared to return to work or reach MMI. In certain circumstances, permanent disability benefits can last for the rest of your life, though these cases are relatively rare. Our workers’ compensation attorneys can look at your specific case and tell you how long you can expect to receive benefits for your injuries.
Can You Work While Collecting Workers’ Compensation Benefits?
In general, you cannot work while receiving workers’ compensation benefits in Georgia. The idea behind workers’ compensation benefits is that they cover the income you’re missing while you’re healing from your injuries, so you can rest and focus on your recovery. Going back to work after suffering a significant injury can not only aggravate your condition, but it can also allow your employer to cut off your disability benefits.
There are only two everyday situations where you can work while collecting workers’ compensation benefits. They are:
- Your doctor has cleared you for light or modified duty
- You have a second job, and the injury you’ve suffered does not affect your second job
You should not return to work until you’ve spoken to both your doctor and your lawyer. Otherwise, you risk having some or all of your benefits taken away.
Talk to a Workers’ Compensation Attorney in Georgia for Free Today
Georgia’s workers’ compensation system can be a nightmare if you don’t know all the rules. If you’ve just suffered a work-related injury or developed an occupational illness, the workers’ compensation attorneys at Sherrod & Bernard, P.C., want to get started on your case while you focus on getting the medical treatment you need.
Contact our office for a free initial consultation for more information on how we can help with your workers’ compensation claim.
