Lithia Springs Workers' Compensation Lawyer

If you were injured on the job, chances are you are entitled to receive workers’ compensation. Among other things, workers’ compensation in Georgia should cover medical expenses associated with treating your workplace injuries, as well as lost wages in the event your injuries force you to take time off work.

Though workers’ compensation can provide much-needed assistance when you are injured on the job, filing and processing your claim can be complicated. Simple things like failure to comply with deadlines or seeing an unapproved medical provider can result in a complete denial of your claim.

The legal team at Sherrod & Bernard, P.C., is here to make sure you do not face the process alone. We have decades of experience helping injury victims throughout Georgia seek the compensation they deserve, including workers injured on the job. If you are struggling with a workplace injury, call our law firm today for a free consultation with an experienced attorney. Read on to learn more about workers’ compensation in Georgia.

What Are the Most Common Workplace Injuries?

Occupational injury statistics vary widely across industries. That said, broad patterns do emerge. According to the National Safety Council (NSC), the top causes of workplace injuries in 2020 were:

• Exposure to harmful substances or environments – This leading cause accounted for 36.1% (424,360) of workers’ compensation claims. In general, it includes exposure to things like electric currents, radiation, extreme temperatures, and sudden changes in air/water pressure. However, because it also includes exposure to viruses such as COVID-19, the numbers may be skewed upward for the period under consideration.
• Overexertion and bodily reaction – This leading cause accounted for 21.7% (255,490) of claims. It includes non-impact injuries resulting from strenuous activities, such as lifting, pushing, turning, holding, carrying, or throwing. It also includes injuries from repetitive motions that strain the body over time.
• Falls, slips, and trips – This leading cause accounted for 18.0% (211,640) of claims. It includes falls at the same level, such as slips on a wet floor. It also includes falls from a higher level, such as falls from a ladder. Further, it includes slips without falling, such as when a worker sprains their ankle while catching themselves in a fall, and injuries sustained when a person intentionally jumps to a lower level.
• Harmful contact with workplace objects and equipment – This leading cause accounted for 16.7% (196,140) of claims. Among other things, it includes injuries that arise when a worker is struck by a moving object, crushed in a collapsed structure, squeezed between two heavy objects, pinched by automated equipment, and burned by friction.

Am I Eligible for Worker’s Compensation If I Am Injured on the Job in Lithia Springs?

Georgia law requires most employers with three or more full-time or part-time employees to carry workers’ compensation insurance. Exceptions exist for government employees, railroad workers, farm workers, domestic servants, and certain corporate executives. Eligible employees should be covered from their first day on the job.

They should receive benefits to pay for the medical care expenses they incur to treat their work-related injuries and illnesses. If they miss work due to an injury or illness, they may also be eligible for wage-replacement benefits worth up to two-thirds of their average weekly wage over the 13 weeks preceding the workplace accident. Finally, they may also be eligible for disability benefits if the injury or illness leads to long-term or permanent impairment.

You can check whether your employer has workers’ compensation insurance using the verification system managed by the Georgia State Board of Workers’ Compensation (SBWC).

Can I Claim Workers’ Compensation If I Am an Independent Contractor?

No. Employers are only required to provide workers’ compensation insurance for their employees. Because independent contractors are self-employed by definition, they are not normally covered by workers’ compensation unless they purchase it for their own business. However, though they have no legal obligation to do so, some Georgia employers choose to extend workers’ compensation insurance to independent contractors anyway.

On the other hand, employers may misclassify — either intentionally or by accident — employees as independent contractors. Remember, to be appropriately classified as an independent contractor, you must meet very specific legal criteria. If you believe you have been denied workers’ compensation because you were misclassified as an independent contractor, you should speak to an attorney as soon as possible.

What Should I Do If I Am Injured on the Job in Lithia Springs?

When injured on the job, you should first seek medical attention as needed. In some cases, immediate attention is necessary. In others, you may have more time. In all cases, however, you must seek medical care from a provider approved by your employer.

A list of pre-approved providers should be posted at your workplace. Though exceptions exist in the case of emergencies, failure to see an approved provider may disqualify you from receiving workers’ compensation benefits.

The second thing you should do is report your workplace injury to your employer. Failure to make a report before 30 days pass after your injury may also disqualify you from receiving workers’ compensation benefits. Therefore, it is best to make the report as soon as possible. Further, it is wise to make the report in writing. The written report will become important evidence in the event of a dispute.

Is There a Deadline for Filing a Workers’ Compensation Claim?

Yes. Assuming you report your workplace injury to your employer before the 30-day deadline passes, you then have one year to file a workers’ compensation claim. However, the deadline may be extended to one year from the date you receive a workers’ compensation payment for work-related medical treatment or two years from the date you receive weekly income benefits.

In some cases, identifying the correct deadline and measuring time accurately can be more complicated than it may seem. Failure to do so, however, can disqualify you from receiving your benefits. To avoid complications, it is best to have an experienced workers’ compensation attorney evaluate your case.

Our Lithia Springs Workers’ Compensation Lawyers Can Help

Unfortunately, workers’ compensation claims are governed by a complicated maze of red tape. Eligible employees are often left confused and frustrated when their benefits are denied for failure to comply with the rules. Understandably, they may even feel that the cards are stacked against them.

At Sherrod & Bernard, P.C., our workers’ compensation attorneys are here to make sure your claim is filed correctly and that you do not miss out on any benefits you are entitled to. If your claim is denied, we are also ready to handle an appeal. If you were injured on the job, contact our law firm today for a free consultation with an experienced workers’ compensation attorney.