Have you suffered a work-related injury while on the job in Georgia? If so, you may be entitled to workers’ compensation benefits. Georgia law requires nearly all employers with three or more employees to purchase workers’ comp insurance to protect their workers. When an employee gets injured on the job, workers’ comp benefits help cover injury-related medical expenses and replace a portion of lost wages while the employee is out of work.
Unfortunately, employers and their insurance administrators sometimes dispute valid workplace injury claims. An injured worker may need to appeal a disputed claim and prove he or she is entitled to benefits. Our attorneys at Sherrod & Bernard, P.C., are ready to help you seek the full benefits available by law and avoid mistakes that can jeopardize your claim. Below, we will review the common missteps that can damage your chances of receiving workers’ compensation benefits.
Top 5 Missteps That May Hurt Your Chances of Recovering Workers’ Compensation Benefits in Georgia
Workers’ comp benefits are designed to cover medical expenses, a portion of lost wages, and other injury-related losses for employees who get hurt on the job. These benefits are available through a no-fault system that allows injured workers to get the money they need quickly.
However, employees are required to follow specific steps to obtain the benefits. The failure to adhere to these steps can cost an injured worker both time and money.
If you are seeking workers’ comp benefits after a workplace injury in Georgia, it’s important to be aware of the following common missteps:
- Waiting too long to report the accident or injury – Be sure to report the incident to your employer promptly. If you fail to report the injury within 30 days, you may lose your right to benefits. Your employer or the insurance administrator may argue that your injury was caused by another event and deny your claim. If your injury prevents you from reporting the accident, ask a friend or family member to deliver the notification for you.
- Saying the wrong thing to your boss after an injury – Reporting your work injury to your supervisor is one of the most important steps in a Georgia workers’ compensation case. However, it’s important to be specific when discussing the incident. Rather than just telling the employer that you need medical attention, explain that you got hurt in a work-related accident and describe the details. It’s best to send a follow-up letter describing your workplace injury to create a paper trail about what happened. Retain a copy of the letter for your records.
- Failing to See an Approved Doctor—Your employer is required to provide a list of at least six doctors who are approved to treat workers’ compensation cases. These doctors are part of a panel of physicians or a managed care organization. If you go to your family physician rather than see a listed doctor or managed care organization approved by your employer, then your workers’ compensation insurance administrator may deny your claim.
- Signing paperwork for a workers’ compensation settlement without having a lawyer review it first – Anytime you sign paperwork presented by an insurer, your signature indicates that you fully understand and agree to the terms. You need to be sure you clearly understand the terms of any settlement agreement. In many cases, when you agree to a settlement, you are agreeing that you will not seek additional benefits related to the injury. A lawyer can help you understand the fine print and legalese, so you know exactly what kind of terms you are accepting before you sign.
- Neglecting to contact a workers’ compensation lawyer – The best way to improve your chances of obtaining workers’ compensation benefits is to work with an attorney who has experience handling workplace injury cases. A seasoned Georgia workers’ comp attorney will understand the specifics of the state workers’ comp system and help you navigate every stage of the claims process. It’s important to work with an attorney who has handled numerous on-the-job injury cases similar to your case.
Is There Always a Settlement in Workers’ Comp Cases in Georgia?
Settlements are not guaranteed in Georgia workers’ comp claims. When an injured worker and an employer agree to a workers’ comp settlement, the injured worker may receive weekly benefits for a period of time-based on the extent of the loss of use of a part of your body.
If an employee agrees to a settlement, the insurance company will usually insist on a full and final settlement. This means the employee agrees to give up the right to demand more money for the claim in the future. Insurance companies sometimes allow limited settlements, in which they agree to continue making certain payments, such as the costs of future medical care. However, insurance companies generally dislike having to make indefinite payments, so this type of settlement is relatively rare.
Every workers’ comp case is different. The value of your settlement can vary significantly based on a number of factors, including:
- The nature and severity of your injuries
- How long your injuries will take to heal
- The cost of your unpaid medical bills
- The estimated costs of future medical care
- Your average pre-injury weekly wage
- The evidence available for your claim
- How your injuries affect your ability to work
- The costs of retraining or accommodating disabilities
Are Workers’ Compensation Claim Settlements Paid in Lump-Sum Payments?
Many workers’ comp claim settlements end in lump-sum payments. A lump-sum payment is a one-time payment of the entire amount owed to the employee for their claim. Lump-sum settlements can have tax consequences, which an attorney can help you understand. In some cases, an insurance company may agree to a structured settlement instead. A structured settlement is a series of smaller payments made over time, which is more common in cases involving serious work injuries that require long-term care.
Contact an Experienced Georgia Workers’ Comp Lawyer Today
At Sherrod & Bernard, P.C., our Georgia workers’ comp attorneys have years of experience helping injured workers seek the full benefits they need. When you contact us, we can answer your questions and discuss your options for seeking workers’ compensation benefits during a free case review. Call us today.
