You should consult with a Georgia workers’ compensation lawyer right away after sustaining a work-related injury. Although you may not hire a lawyer during that first meeting, they can help you understand your rights and obligations under Georgia’s workers’ comp law and how the process works.
What Are Georgia’s Workers’ Compensation Laws?
Georgia’s workers’ compensation laws govern the rights and obligations of employees and employers when workers get hurt on the job or develop an occupational illness. Key provisions of the workers’ comp laws include:
- Employees must notify their employers about a work-related injury or occupational illness. This should be done as soon as possible but no later than 30 days after getting hurt or being diagnosed with an occupational illness. Failing to give timely notice of an injury or illness may jeopardize an employee’s eligibility for workers’ comp benefits.
- Employees who need to file a formal workers’ comp claim with the state must do so within one year of the work accident or the last authorized medical treatment or within two years of the last payment of weekly benefits.
- Employers may choose a panel of physicians that injured employees must select from to receive treatment covered by workers’ comp. Employees may switch between doctors on the panel once without prior authorization. However, employers must meet certain conditions before requiring employees to seek treatment from a physician on the designated panel.
What Benefits Are Available from Workers’ Compensation in Georgia?
Under the Georgia workers’ comp system, employees may receive various defined income benefits, including:
- Payment of all reasonably necessary medical treatment and rehabilitation
- Temporary total disability benefits
- Temporary partial disability benefits
- Permanent partial disability benefits
- Death benefits, including weekly payments and contributions toward funeral and burial expenses
What Are Some Reasons for Hiring a Georgia Workers’ Compensation Lawyer?
You may not need an attorney if your employer immediately approves your workers’ compensation claim and begins paying all the benefits guaranteed to you under Georgia’s workers’ compensation law. However, you will need experienced legal representation if you face any of the following situations when trying to recover workers’ comp benefits after suffering an on-the-job injury:
- Employer denies your claim – Your employer may deny your workers’ compensation claim outright, arguing that your injury or illness did not occur in the course and scope of your employment. A lawyer can help build a persuasive case to prove that your injury or illness should be covered.
- Employer disputes your injuries – Your employer may dispute the severity of your injuries or argue that your injuries have not disabled you from continuing to work. Your lawyer can advocate for the medical benefits and weekly payments you deserve for your injuries.
- Employer fires you because you filed a claim – A workers’ compensation attorney can also help you pursue financial compensation and other relief when your employer retaliates against you for filing a workers’ compensation claim. Retaliation may include terminating your employment, reducing your pay, or assigning you to less desirable duties.
- Not receiving adequate medical care for injuries – Your lawyer can help you file a claim to get the medical treatment and rehabilitation you need if your employer or employer-selected physician denies your request for treatment or specific reasonable and necessary procedures.
- Pre-existing conditions aggravated due to the work injury – Employers sometimes try to avoid workers’ comp liability by claiming that a worker’s injury was pre-existing or a degenerative condition. However, you have a right to workers’ comp benefits if you suffer an aggravation of a pre-existing injury or condition due to an accident or trauma during work.
- Cannot return to work due to injuries – Your lawyer can advocate for your health if your employer tries to rush you back to work before you fully recover from your work injury or occupational illness.
How Can a Lawyer Help with My Workers’ Comp Claim?
If you’ve faced difficulties or obstacles to receiving workers’ compensation benefits, a lawyer can advocate on your behalf and fight to secure the benefits you deserve from your employer’s workers’ comp insurer. An attorney can handle each step in the process of pursuing a workers’ comp claim, including:
- Investigating the incident that led to your work injury or occupational illness to obtain evidence proving you have a compensable injury or illness
- Documenting your medical expenses and gathering your pay records to calculate your weekly payment benefits
- Filing your workers’ compensation claim with the state board and advocating on your behalf at the administrative hearings
- Negotiating with your employer for a settlement of your workers’ comp claim, if appropriate, when you’ve suffered permanent disabilities due to your work injuries
How Long Do I Have to File a Workers’ Comp Appeal in Georgia?
Georgia’s workers’ compensation law requires you to file a formal claim with the State Board of Workers’ Compensation within one year of suffering a work-related injury. If you have received medical benefits or weekly payments, you have one year from the last treatment date or two years from the last benefits payment date to file your claim.
If the board initially rules against your claim, you have 20 days to file an appeal to a three-member panel of the board. From there, you have 20 days to appeal an adverse ruling to the superior court and 30 days to appeal to the court of appeals if the superior court rules against you.
Contact a Georgia Workers’ Compensation Lawyer
You must understand your legal rights under Georgia’s workers’ compensation law if you’ve sustained a work-related injury. A Georgia workers’ compensation lawyer can explain the claims process and help you if your employer refuses to provide benefits. Contact Sherrod & Bernard, P.C., today for a free, no-obligation consultation when you’ve been hurt at work to help you pursue the compensation and benefits you need for your recovery.
