Rome Workers' Compensation Lawyer

From slip-and-falls in the office to catastrophic accidents at construction sites, workplace injuries can leave you incapacitated for weeks, months, or longer. Fortunately, most employees in Georgia are covered by workers’ compensation insurance. Among other benefits, this employer-provided insurance pays for your medical care and offsets a portion of your lost wages when injured on the job.

With over 70 years of combined legal experience, the workers’ compensation attorneys at Sherrod & Bernard, P.C., are ready to protect your rights and help you maximize these benefits in the event of an accident. While you focus on recovering from your injuries, we will evaluate your case, compile evidence, file the necessary paperwork for your claim, and represent you in the event it is denied.

Let us put our experience to work on your behalf. Contact Sherrod & Bernard, P.C., today for a free consultation with a Rome workers’ compensation lawyer.

What Is Workers’ Compensation?

Workers’ compensation is employer-provided insurance designed to help injured workers get the medical treatment they need, get back to work as quickly as possible, and care for themselves and their families if their injuries permanently impair their ability to return to their job.

Importantly, workers’ compensation is a kind of no-fault insurance. On the one hand, this means you do not have to prove that your employer was responsible for your injuries in order to qualify for benefits. On the other, it also means that you are covered even if you caused the accident. However, in exchange for these no-fault benefits, you are also barred from suing your employer to recover compensation.

Are All Georgia Businesses Required to Provide Workers’ Compensation?

Georgia law requires nearly all businesses with three or more employees to carry workers’ compensation insurance. The rule applies regardless of whether they are part-time or full-time employees. That said, exceptions do exist. For example, employers in Georgia do not need to carry workers’ compensation for:

Further, individuals working as independent contractors and not as employees are also not legally required to receive workers’ compensation. However, some employers misclassify employees as independent contractors — sometimes intentionally and sometimes by mistake.

Remember that workers must meet certain legal requirements to be properly classified as independent contractors. If you think you have been misclassified, you should speak with a lawyer to make sure you are not wrongfully denied workers’ compensation and other benefits.

What Is Covered by Workers’ Compensation?

The rules governing workers’ compensation benefits can be quite complex. Therefore, it is best to have your case reviewed by a workers’ compensation attorney to make sure you are getting everything you are entitled to. Among other things, you may be entitled to:

• Medical care – If you are injured on the job, workers’ compensation will pay for all reasonable and necessary medical treatments related to your injury. You may also receive mileage reimbursement to cover your travel expenses incurred while seeking treatment. These benefits last until you fully recover from your injuries or until your doctor says you have reached “maximum medical improvement,” whichever comes first.
• Lost wages – If your injury causes you to miss more than a week of work, you are likely eligible for disability benefits, sometimes known as wage-loss benefits. These come in four categories: temporary total disability (TTD), temporary partial disability (TPD), permanent partial disability (PPD), and permanent total disability (PTD). Each of these benefits is governed by specific time limits and award caps.
• Death benefits – If a covered employee is killed in a workplace accident, their surviving family members may be entitled to certain benefits the deceased employee would have been entitled to prior to death.

What Steps Should I Take If I Am Hurt on the Job?

Workers’ compensation provides injured employees with many helpful benefits. That said, filing a workers’ compensation claim is an extremely bureaucratic process. To avoid complications, take the following steps after being hurt on the job in Georgia:

• Report the injury to your employer – You must report your accident to your supervisor or human resources department within 30 days following your workplace accident. Failure to do so will disqualify you from receiving benefits.

Though you are not legally required to do so, it is best to submit your report as soon as possible in writing. In the event of a dispute, your written submission will become important evidence that you complied with the notice requirement.

• Document the scene – The more evidence you have to substantiate your claim, the better. Document your injuries and the scene of the accident using photographs and videos. Be sure to photograph any surveillance equipment that may have captured the accident before it is removed or tampered with. Further, be sure to identify any witnesses who can substantiate your claim.
• Record what happened – Workplace accidents can be very disorienting. While it is still fresh on your mind, write down how you were injured in as much detail as possible. As your claim is processed, it is important that your version of events remain consistent throughout. This will help preserve your credibility in the event of a dispute.
• Seek medical attention – Of course, seek medical attention as needed. To receive workers’ compensation benefits, you must see a doctor approved by your employer. A list of pre-approved doctors should be posted at your workplace.

Be sure to thoroughly describe your injuries to the doctor you choose to see. The medical records they create will be used to calculate your compensation. Therefore, it is important that these records be as complete as possible.

• Consult with a workers’ compensation lawyer – Workers’ compensation claims can be extremely frustrating. Failure to comply with the governing red tape can disqualify you from receiving your benefits. Further, as with any situation involving insurance, claim adjusters will strive to pay out as little as they possibly can within the law.

An experienced workers’ compensation attorney can make sure your claim is filed correctly and that you are not taken advantage of by your employer and their insurer. They can also help you navigate the complicated process of appealing your claim in the event it is denied.

Contact a Rome Workers’ Compensation Lawyer Today

If you were injured on the job, you are likely entitled to workers’ compensation benefits. However, the process of securing these benefits can be frustrating, to say the least. Even minor mistakes when filing your claim can disqualify you from receiving the benefits you deserve.

You do not need to navigate the process of filing a claim alone. At Sherrod & Bernard, P.C., our workers’ compensation attorneys are here to help. We can evaluate your case, help you file a claim, handle disputes with insurers, and appeal your claim in the event it is denied. Call us today for a free consultation.