To know if you are eligible for workers’ compensation in Georgia, you can visit the Georgia State Board of Workers’ Compensation (SBWC) website, which lets you verify if your employer has workers’ compensation insurance.
Georgia law requires all companies with three or more employees to provide workers’ compensation insurance, including part-time workers. As such, unless you are self-employed, there is a high likelihood that you are eligible for workers’ compensation. Workers’ compensation coverage in Georgia begins on the first day of your employment.
If you are a sole proprietor or independent contractor, you may need to purchase this coverage for yourself, as there is no parent company required to offer you protection. Once purchased, you can rest easy knowing that you will be eligible for benefits should you be injured on the job.
It is also important to note that Georgia uses a no-fault workers’ compensation system, meaning it does not matter who caused your injuries. As long as it occurred during work, you may be eligible for workers’ compensation benefits.
Receiving Medical Treatment for Workers’ Compensation Injuries
In order to remain eligible for benefits, you must seek treatment from an approved doctor. Your employer is required to provide you with a list of at least six medical professionals who can work on your treatment. You are free to switch medical professionals one time without asking for your employer’s permission. Their examinations will serve as documentation when you file your claim.
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How the Workers’ Compensation System Determines Eligibility
Georgia practices a no-fault workers’ compensation system, meaning that a worker who is injured on the job can be eligible for benefits no matter who caused the accident. This means that even an employee whose own actions cause or contribute to the accident—for example, a delivery driver who crashes their vehicle on the road—may still be eligible for compensation.
In workers’ compensation cases, it may be more important for an employee to:
- Prove that their injuries are real
- Prove that their injuries occurred at work
- Follow the instructions of the workers’ compensation claim process
If you receive a notice of rejection for your workers’ compensation claim, you can appeal the decision with additional evidence. You may also be able to partner with a workers’ compensation lawyer who can help you with the appeals process.
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Appealing a Denial of Workers’ Compensation Benefits
Georgia allows most workers compensation claimants two appeals for a rejection. After an initial rejection, claimants can take their case to a judge at the SBWC.
If the SBWC judge also denies you benefits, you can appeal a second time to a different authority known at the Appellate Division.
When you work with a lawyer on your case, they can:
- Examine the details of your employer’s workers’ compensation insurance policy
- Interpret the reasons behind your denial
- Formulate an appeals strategy
- Gather new evidence to support your case, such as additional medical documentation, witness statements, etc.
- Hire accident reconstruction experts to testify in your defense
- Manage the communications, paperwork, and legal deadlines in your case
If your case is successful, you may be awarded two-thirds of your average paycheck, capped at $675 weekly, for up to 400 weeks. Some circumstances could extend the amount of time you are eligible for these benefits.
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Bader Scott Injury Lawyers Handles Workers’ Compensation Cases
Bader Scott Injury Lawyers helps Atlanta-area workers file workers’ compensation claims. Whether you have just been injured and want help from step one, or if you are seeking a hearing after your benefits have been denied, our lawyers can be there to offer you representation and manage all of the legal work in your case. We can also answer your questions and provide legal advice throughout the duration of your application and appeals process.
Bader Scott Injury Lawyers works on a contingency-fee-basis, meaning you do not need to pay us upfront to secure our services. Instead, our attorney fees only come as a percentage of your workers’ compensation payout, if and when your case succeeds.
For a free consultation on your case with a member of our team, including information about if you are eligible for workers’ compensation, call Bader Scott Injury Lawyers today at (404) 888-8888. We can discuss your accident, your injuries, and your legal options as part of this call.
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