Who is Covered By Worker’s Comp?
Most companies are required to have worker’s comp for their employees. However, there are some exceptions, including the following:
- Companies with less than three employees
- Railroad workers
- Government employees
- Independent contractors
What is Covered by Worker’s Comp?
Worker’s comp covers any type of injury that was sustained while an employee was performing work duties. This includes injuries that occur in the office, at remote job sites, or while running work-related errands.
Chronic illnesses that develop over time as a result of your work duties will also be covered. This includes carpal tunnel syndrome and back injuries that may occur as a result of performing a repeated movement at your job. It can also apply to cancers and lung diseases that develop due to chemical exposure.
Psychological illnesses such as anxiety and depression are not covered unless they are the direct result of an injury that occurred at work.
What if the Injury is My Fault?
Worker’s comp is a no-fault system. That means that all injuries will be covered no matter who is at fault. The only exception is if the injury is due to a willful action made on the part of the employee.
What Benefits are Available?
Employees that were injured in the workplace and file a worker’s comp claim are eligible for the following benefits:
- Medical Expenses: This includes any doctor’s visits and hospitalizations that are a direct result of your injury, as well as any ongoing care that is required.
- Lost Wages: Temporary Partial Disability (TPD) and Temporary Total Disability (TTD) are available to workers who can not work at all or must work at a reduced rate due to injuries. If workers are unable to return to work at all, they can apply for permanent disability benefits.
- Death Benefits: If an employee dies due to work-related injuries, the family may be able to collect compensation for lost wages and funeral and medical expenses.
How Do I File a Worker’s Compensation Claim?
Injuries and accidents must be reported within 30 days after the injury occurred. Employees must also file a First Report of Occupational Disease with the Georgia State Board of Worker’s Compensation.
Claims must be filed within a year after the injury occurred unless you are receiving ongoing treatment. If you are receiving ongoing treatment, you have two years from the last treatment or injury benefit payment.
It is not always necessary to file a claim. However, you will need to do so in the following circumstances:
- If your employer does not report your injury as required.
- If you do not get benefits
- If you believe your interests are incorrect
- If you are cleared to return to work but are still unable to perform your job duties
- If you are not receiving proper care
- If you disagree with your company about the benefits, you are entitled to
Can I Appeal a Worker’s Comp Decision?
If you feel your worker’s comp benefits were unfairly denied, you can appeal this decision.
The process will include a hearing in front of an Administrative Law Judge. During the hearing, you will need to present evidence to support your claim, which may include medical records and testimony by a medical professional.
If benefits are still denied, you may further appeal the decision to the Appellate Division of the State Board of Worker’s Compensation. You will have 20 days from the initial ruling to make this appeal.
If you are appealing a court ruling on your worker’s comp benefits, it’s a good idea to have a reliable lawyer on your side. They will help make sure your benefits are approved.
Can I Sue My Employer for My Injury?
In most cases, the worker’s comp claim will take the place of any legal action. Therefore, you may not sue your employer unless he is guilty of a negligent or willful act that caused your injury. Also, if a third party’s negligent or intentional act caused your injury, you may sue that third party.
Finding the Right Lawyer for Your Worker’s Comp Case
If you feel your worker’s comp claim is not being handled fairly, you may want to seek the help of a worker’s comp attorney. If you are looking for an attorney in the Smyrna, GA area, Bader Scott Injury Lawyers is highly recommended.
Bader Scott’s team has years of experience in the field of worker’s comp and personal injury law. Their exclusive focus on these fields has allowed them to develop an in-depth knowledge of the industry, ensuring their clients will get the best possible outcome. They are known for their caring approach, their affordable rates, and their aggressive representation.
If you were injured on the job, make sure you get the compensation you deserve. The Bader Scott team will see to it that justice is served.