Whenever an employee is injured at work in a compensable workers compensation claim, they are entitled to have their medical expenses paid and to continue to receive up to 66.66% of their weekly earnings subject to a maximum cap of $500.00.  In the State of Georgia, all employers with more than three workers must carry  workers’ compensation insurance to cover employees who may be injured at work. This legal requirement also removes the need for the injured employee to prove  negligence of the employer in order to recover worker’s compensation benefits.  As long as you were injured at work, you are entitled to compensation.  If the injury was caused by the negligence of a third party other than your employer or colleague, an injured worker may be able to  file a third-party liability claim against the third party in addition to a  workers’ compensation claim.

If you or a friend or family member has been seriously injured or killed in an on-the-job injury, please contact William P. Evans immediately as a quick and thorough investigation to establish facts, contact witnesses, and preserve evidence can make a dramatic difference in proving the compensability of the workers compensation claim.  William P. Evans has represented injured workers throughout Georgia in workers compensation claims for over 30 years.  Mr. Evans’ paralegal, Michelle Foster, has assisted Mr. Evans in his practice for over 11 years.  Please contact Mr. Evans or Ms. Foster immediately to seek assistance in your workers compensation claim and to discuss your legal rights in your workers compensation claim.  Please either contact Mr. Evans or Ms. Foster at (404) 841-9400 or (866) 266-6607.

Workers’ Compensation Benefits

There are four types of weekly benefits you can receive if you are injured at work. These are further classified into either temporary or permanent benefits depending on the nature and extent of injury suffered:

Temporary benefits

Temporary Total Disability (TTD) — This benefit consists two-thirds of an injured worker’s weekly earnings subject to a maximum of $500 every week. If your injuries are not catastrophic, you are entitled to receive benefits only up to 400 weeks.  This limit does not apply to workers who suffer catastrophic injuries.

Temporary Partial Disability (TPD) — This benefit covers the difference in your weekly earnings in the event you earn less after suffering an injury at work, reduced by one-third and subject to a specified upper limit.  TPD benefits are  available for up to 350 weeks.

Permanent benefits

Permanent Partial Disability (PPD) — This benefit is available in the event your injury results in a permanent disability as assigned by a treating physician.  PPD value is determined by a set criteria following your doctor’s assessment of your percentage disability based upon  AMA guidelines.

Death Benefits

Death benefits consist of two-thirds of a deceased worker’s weekly earnings subject to a maximum of $500.00 every week and is paid to the spouse and children of the deceased who are yet to attain the age of 18.  A sum of $7,500 is also available for funeral expenses of the deceased.  In case the widowed spouse did not have children, the amount of benefits she can receive in weekly payments is capped at $150,000.

Medical Benefits

When you are injured at work, your workers’ compensation insurance will pay your medical expenses as well as for any rehabilitation and therapy you may require.  To qualify for this benefit; however, you must receive this treatment from a physician approved by your employer. This requirement does not apply to emergency medical care.

Catastrophic Injury

When assessing the amount and duration of benefits you are entitled to, the injuries classified as catastrophic include amputations, severe burns, severe paralysis, blindness, severe head injuries and other injuries that render you incapable of going back to your previous job or undertaking a similar one.

In case you suffer one of these, you would be entitled to two-thirds of your previous weekly earnings subject to a maximum of $500 every week.  This will be applied for the entire duration that you are incapacitated from returning to similar work, and will be in addition to the medical benefits discussed here.


Workplace Wrongful Death

The Bureau of Labor Statistics estimates that in the year 2006 there were about 5,703 deaths resulting from accidents at the workplace.  This included 192 casualties in Georgia alone.

While as survivors of the deceased you cannot bring a claim against your loved one’s employer, the law entitles you to receive benefits from the employer’s workers’ compensation scheme on account of your loved one’s death.

Survivor Benefits

This benefit consists two-thirds of a deceased worker’s weekly earnings subject to a maximum of $500 every week and is paid to the spouse and children of the deceased who are yet to attain the age of 18.  A sum of $7,500 is also available for funeral expenses of the deceased.  In case the widowed spouse did not have children, the amount of benefits she can receive in weekly payments is capped at $150,000.  These will however be stopped once he or she gets married or cohabits openly with a partner.

How to Make a Claim

Injuries at work occur in a variety of ways.  What you need to know however is that as long as you were injured at work, your injury is covered and your entitled to receive compensation from your employer’s workers’ insurance scheme. The procedure for filing such a claim is as follows:

  1. Immediately Report your Injury to your Supervisor – This is the very first thing you should do after being injured, otherwise your claim may lapse if you do not make this report within a month.  You do need to note however that making this report is different from filing a formal claim for compensation.

  1. Select an Approved Doctor from the Employer’s Panel – Remember that your claim will only be successful if you receive treatment from an approved physician.

  1. Promptly Complete and File the Formal Claim for Compensation

  1. Contact a Workers’ Compensation Attorney – While the law does not require you to be represented by an attorney, the process of filing and prevailing in a workers compensation claim is statutory and complicated.

  1. If you or a friend or family member has been seriously injured or killed in an on-the-job injury please contact William P. Evans immediately as a quick and thorough investigation to establish facts, contact witnesses, and preserve evidence can make a dramatic difference in proving the compensability of the workers compensation claim.  William P. Evans has represented injured workers throughout Georgia in workers compensation claims for over 30 years.  Mr. Evans’ paralegal, Michelle Foster, has assisted Mr. Evans in his practice for over 11 years.  Please contact Mr. Evans or Ms. Foster immediately to seek assistance in your workers compensation claim and to discuss your legal rights in your workers compensation claim.  Please contact Mr. Evans or Ms. Foster at (404) 841-9400 or (866) 266-6607.

Medical Disputes

One of the issues for which an attorney will prove to be of assistance to you is in resolving issues and disputes that may arise in your treatment and rehabilitation. For instance, you may need assistance getting authorization from the insurance company to undergo MRI tests, chiropractic care, surgery and specialist referrals.

Controverted or Denied Claims

In many instances workers compensation insurers controvert or deny workers compensation claims for a variety of legal reasons.  In this case an injured worker must file a claim with the Georgia State Board of Workers Compensation.  Under Georgia law an injured worker must file their claim for workers compensation benefits within one year from the date of injury.  If the claim is not timely filed the claim may be time-barred and no medical or wage benefits will be available.

If you or a friend or family member has been seriously injured or killed in an on-the-job injury, please contact William P. Evans immediately as a quick and thorough investigation to establish facts, contact witnesses, and preserve evidence can make a dramatic difference in proving the compensability of the workers compensation claim.  William P. Evans has represented injured workers throughout Georgia in workers compensation claims for over 30 years.  Mr. Evans’ paralegal, Michelle Foster, has assisted Mr. Evans in his practice for over 11 years.  Please contact Mr. Evans or Ms. Foster immediately to seek assistance in your workers compensation claim and to discuss your legal rights in your workers compensation claim.  Please contact Mr. Evans or Ms. Foster at (404) 841-9400 or (866) 266-6607.

 

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