- August 2, 2020
A lot of people think that only full-time employees are allowed to file for workers comp in Atlanta. They assume it works the same way as vacation time or sick time. However, it doesn’t matter how many hours you work, you’re entitled to workers compensation benefits in Georgia.
All employers who have three or more employees are required to maintain workers comp insurance. This insurance is meant to cover any injuries or accidents suffered by the company’s workers. There are only a few exceptions to this rule, including:
- Railroad employees are not entitled to workers comp
- Domestic servants cannot collect workers comp in Atlanta
- Federal employees use a different program – they do not file a worker’s compensation claim
- Independent contractors and consultants
As long as you don’t fall into any of the above categories, you may be eligible for workers comp benefits in Georgia. It depends on whether you meet the other basic requirements.
If you’re a part-time employee and you’ve been denied workers comp benefits, call our office right away. You need to make sure you get what you’re entitled to. That’s why you want a skilled workers comp lawyer in Atlanta handling your claim.
Part-Time Employees are Treated Similarly to Full-Time Employees
If you’re a part-time employee, you’re still eligible for workers comp benefits. You must meet the same general requirements as anyone else. The basic criteria for qualifying for workers compensation in Atlanta include the following:
- Your injury must take place while on the job
- You must be acting within the scope of your employment at the time of the injury or accident
- You cannot be under the influence of drugs or alcohol at the time of the incident
- You must report the accident to your manager or HR department
- You have to follow company policy regarding workplace accidents
- You cannot refuse medical treatment
- You must see a company-approved doctor and follow all of their recommendations
If you do all of these things, there’s a good chance your claim will be approved. And, while you’re entitled to similar benefits as a full-time employee, the amounts of your weekly replacement wages will be lower. However, you’ll also be entitled to any medical care that you need.
Your Atlanta Workers Comp Lawyer Will Make Sure You Get Replacement Wages
If your Georgia workers comp claim is approved, you’ll collect replacement wages. This is in addition to the medical care you need. The amount of your replacement wages depends on how much you typically earned. In Georgia, as in most other states, you’ll be entitled to 2/3 of your average weekly wages while on workers comp. If you are a part-time employee, this amount will be much lower than your full-time counterpart. So, if you typically earn $300 per week, you’ll collect about $200 per week. On the other hand, if you worked full-time and earned $750 per week, you’d collect about $500 per week. So, it’s not that the benefits are different. It is just that you’ll be entitled to a much lower amount.
If your claim is denied, you need to find out why. This is something your Atlanta workers comp lawyer can do for you. If your employer denies your claim because you’re not full-time, there’s a problem. Your attorney will push to negotiate payment of your claim. If this isn’t possible, they’ll have no choice but to file suit on your behalf. It’s critical that you have a skilled professional on your side. They understand the law and they know what it takes to negotiate with the insurance company.
Contact an Experienced Workers Comp Lawyer in Atlanta
Most people who get hurt at work have no problem filing for workers comp. Their employer covers their claim and makes sure they get the medical attention they need. However, there are times when your employer may deny your claim. They may suggest this on their own or their insurance company refuses to pay the claim. If this happens to you, then you’re going to need help.
Call our office right away and schedule your free initial consultation. You need to focus on getting the medical care you need for your work-related injury. Let your attorney deal with the legal side of things. They’ll make sure your claim is handled properly from the start. They’ll also fight to get you the compensation you deserve. Call today and schedule your initial consultation. It costs you nothing and you don’t pay until your case is settled.
