Tag Archives: worker’s compensation


What are some Georgia Specific Workers Compensation Laws

If you injure yourself at work, you will probably find that your employer has an insurance plan in place called Workers’ Compensation. This insurance plan may pay for your lost wages, medical treatment, and permanent injury benefits, but you must qualify under the Georgia Workers’ Compensation Act before you can receive the benefits. So, how do you know if you qualify or if your company even offers it? Take a look at some specific information about Georgia Workers’ Compensation laws.

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How Do You Know if a Company is Covered by Workers’ Compensation? 

If your company employs three or more people, including part-time workers, legally, it should have the coverage. If you aren’t sure, you can visit the State Board of Workers’ Compensation website to verify your employer’s insurance.  Except in unique employment circumstances, you are automatically covered the day you begin working for such a company.

 

What Happens When You Have an Accident? 

If your company employs three or more people, including part-time workers, legally, it should have the coverage. If you aren’t sure, you can visit the State Board of Workers’ Compensation website to verify your employer’s insurance.  Except in unique employment circumstances, you are automatically covered the day you begin working for such a company.

 

What Exactly Does Workers’ Compensation Cover? 

Workers’ compensation covers anything authorized by the carrier to treat your injury or illness. This might include doctor and hospital bills, therapy, medication and even travel expenses as necessary. If your injury occurred after June 30, 2013, you can receive medical benefits for up to 400 weeks, though in extreme cases that prevent you from ever returning to work, you may receive lifetime medical benefits.  If you are out of work for more than seven days, you may receive weekly income benefits, as well.

 

What Happens if the Injury Leads to Death?  

If you die in an on-the-job accident after June 30, 2013, your spouse and minor children are entitled to two-thirds of your average weekly income up to $525.00 per week. If you do not have children, your spouse can only receive up to $150,000.00.

 

What Happens If Your Employer Fails to Pay?  

If you die in an on-the-job accident after June 30, 2013, your spouse and minor children are entitled to two-thirds of your average weekly income up to $525.00 per week. If you do not have children, your spouse can only receive up to $150,000.00.

 

You may also hire a lawyer to help ensure you receive your benefits or to help represent you at your hearing. Ashenden & Associates can help. Call 770-394-8909 to set up a consultation.  

 

 

 

 

 


Common Misconceptions About Getting Hurt at Work

If you have been hurt on the job, it’s important that you understand your rights, as well as those of your employer. Many people don’t fully understand how the law works with regard to on-the-job injuries or workers’ compensation, and this can hurt them in the long run. Here are some of the more common misconceptions people have about getting hurt at work.

MY EMPLOYER IS LOOKING OUT FOR MY BEST INTERESTS

Don’t make this assumption. When an injury occurs, most employers ultimately are looking out for their own interests, not yours. It’s unfortunate, but it’s true. Many employers will do the right thing by their workers without being forced, but the number one concern of businesses in general is to look out for their own bottom line. Assume that it’s your job to look out for your own best interests—not your employer’s. This is why you should consult an attorney for your own protection, to make sure the employer abides by the law.

WORKERS’ COMPENSATION ALLOWS ME TO BE SEEN BY MY OWN DOCTOR

Wrong. When you are hurt on the job, you are the employer’s legal responsibility; therefore, the employer chooses the physician and facility for treatment. If the employer permits you to see your own doctor, that’s fine, but if your employer has a protocol for treatment of work-related injuries and you go to your own doctor instead, don’t assume you will be covered. It might not be what you’d prefer, but you could be forfeiting your right to compensation.

WORKERS’ COMPENSATION DOES NOT APPLY IF I AM NOT AT THE WORKPLACE WHEN I GET HURT

This is an understandable misconception, but it is not necessarily true. Workers’ compensation applies if you are on the job, whether or not you happen to be at the workplace. It may be more difficult to prove if contested (another reason you should have an attorney), but even if you are working in your own home, if you are on company time when you get hurt, you are the company’s responsibility, and workers’ comp may apply based on the situation.

I DO NOT NEED AN ATTORNEY WHEN DEALING WITH WORK-RELATED INSURANCE

Many employees make the tragic assumption that workers’ comp automatically protects them, or that the employer’s insurance company won’t try to find a way around it. Do not make this mistake. Insurers make a practice of paying as little as they can, and they are not above using tricky techniques to get around the complexities of workers’ compensation law. When you get hurt at work, at some point an adjuster from the employer’s insurance company is going to want to get a recorded statement from you. You need to consult an attorney before having this conversation. Saying the wrong thing to the adjuster could be used to jeopardize your benefits; your attorney will know how to help you navigate this interview so that does not happen.The laws are there to protect employees who get hurt at work, but that does not automatically mean the employer will do the right thing. Being properly informed will help you navigate these potentially tricky waters and help you get the benefits you deserve.


Workers Compensation Laws You Should Know About

Worker’s Compensation is an important thing to be aware of if you’ve been injured on the job. If you are ever injured at your place of employment, worker’s comp could very well save you financially, but it helps to understand what it is, and how the laws affect you. There are a few things people might not otherwise be aware of when it comes to worker’s compensation, and that’s why this guide is here to set them straight. These are the most important aspects of worker’s compensation law you should be aware of.

Worker’s Compensation Applies to Accidents on the Job, Nothing Else

In order to qualify for worker’s compensation, you must be able to show that the incident preventing you from working was an accident that occurred while you were working. Many people get caught on this provision, because no employer is obligated to pay you a cent if you fail to prove the accident occurred at work. Report any injuries you sustain at work as soon as you can to ensure you get the benefits you’re entitled to.

Benefits Do Not Cover Your Entire Wage

Worker’s Compensation is not a substitute for your salary. It’s intended to be a placeholder for your salary until you are fit to work again, and that’s the mindset you should approach it with. Worker’s compensation usually covers about one-half to two-thirds of your wages. Again, treat it like a substitute for your current wages until you are healthy enough to resume work.

It Does Not Matter Who Was At Fault

It might seem as though if the accident was your fault, you are no longer entitled to benefits. That is not true. Regardless of if you caused the accident in question, you are entitled to benefits under the law. In either situation, you can successfully apply for worker’s compensation.

You Must Be An Employee To Qualify

There is a difference in the working world between the legal rights of employees and independent contractors. Employees have the right to apply for worker’s compensation as part of their contractual rights in working for the company. Independent contractors, being only temporary workers for a company, are not protected under business legislation. There are some very rare exceptions to this rule, but if you’re a contractor, do not expect any legal protection in the form of worker’s compensation.

Worker’s Compensation Might Not Be Your Best Choice, Because of The Rights You Give Up

Any person who applies for worker’s compensation gives up his or her right to sue their employer for negligence or otherwise under law. Worker’s compensation, in this way, is seen as a settlement. While generally it’s the best choice in a given legal situation, it’s smart to weigh your options. If you feel you can prove without a doubt that your employer committed negligence, you might not wish to give up your right to sue. Before applying for worker’s compensation, ask yourself if you were perhaps genuinely wronged.

There are a variety of nuances to worker’s compensation laws that a lot of people might not otherwise be aware of. While legal matters don’t have a reputation for being exciting, learning a thing or two about the laws that affect you might just save you time and money some day. Take this knowledge, share it with friends, and rest assured you know what your employers might not tell you about worker’s compensation.

If you’ve been injured on the job and think you may be entitled to worker’s compensation, give us a call today.