Work-related injuries are not uncommon in Georgia. These injuries usually leave the victims devastated, struggling with finances, and out of job for extended periods. If you have been diagnosed with an occupational condition or suffered an injury due to a workplace accident, you may be eligible to file a workers’ compensation claim.
Employers with over three employees are mandated by the law to purchase workers’ compensation insurance. This form of coverage provides benefits like medical compensation and wage replacement for illnesses and injuries sustained during work. Unfortunately, getting these benefits is not always as easy as one might expect. Filing a workers’ comp claim can be a time-consuming, daunting and complex process with all types of hurdles when dealing with the employer or insurance provider.
As such, it is wise to have an experienced Canton workers’ compensation lawyer by your side. These professionals will fight aggressively to protect your rights and ensure you get fair compensation for your injuries or illness.
Here at Workers’ Compensation Lawyers Coalition, we are committed to helping Canton, GA workers get the financial support they need after a work-related injury. Get in touch by calling 770-796-0919 and get a free initial consultation!
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How to Tell If Your Injury Will Be Covered By a Workers’ Compensation Claim
Keep in mind that no all injuries sustained at the workplace are covered by worker’s comp. For your injury to qualify for workers’ comp benefits:
- You need to be an employee.
- The injury should be a result of a work-related accident.
- You need to have sustained the injury during the employment period.
- Your employer needs to have worker’s compensation insurance.
Under Georgia Workers’ Comp Act, an accident is defined as any event that happens outside a normal work routine. Examples include a slip and fall, falling object, or equipment malfunction that results in injury. Some of these injuries include head injuries from falling items, crush injuries, broken bones, back injuries, etc.
As for occupational diseases, the act ideally provides a list of compensable conditions which include carpal tunnel syndrome, brown lung, some forms of cancer, etc. However, you’re required to show that the disease was due to unsafe working conditions and that you’re at an increased risk of developing the condition in comparison to the general public.
How Long Do I Have to File a Workers’ Compensation Claim in Georgia?
Georgia’s Workers’ Comp Act gives you one year from the date of the incident to file a Notice of Claim. If your boss, however, has provided medical treatment due to the injury, or you are able to continue with work, even after the accident, the deadline is extended. If you are uncertain about the statute of limitations for your case, it’s best to consult a lawyer.
How to File a Workers’ Comp Claim in Canton, Georgia
When it comes to filing a workers’ comp claim in Canton, Georgia, there are specific deadlines and rules to be met to avoid losing your right to workers’ comp benefits. When you sustain a work-related injury, the first step is to seek medical attention. Inform your practitioner you got the injury while at work and don’t forget to give them the name of your boss for insurance purposes.
Also, you need to notify your employer about the incident within 30 days. You’re expected to notify them in the form of a written notice. Ensure you are clear and concise, don’t complicate things.
Next, you need to file an official workers’ comp claim. This is achieved by filling a Form WC-1 Notice of Accident with Georgia’s State Board of Worker’ Compensation. You can acquire this from your employer, or by simply downloading it from the State Board’s website. Your boss is also expected to file a different form, referred to as Form 19. They will then send both to the State Board of Workers’ Compensation, and the WC insurance provider.
Keep in mind, however, that it’s your role to make sure that Form WC-1 is filed properly with the board. So, don’t entirely rely on your employer. Submit the form directly to the State Board and keep in mind that this needs to be done within a period of one year after the date of injury. When it comes to filing a claim for occupational disease, the process is similar.
Once your Canton, GA Workers’ Comp Claim has been filed, your boss or the insurance company will either approve or deny your claim. If the claim is denied, you have the option to request a hearing before the State Board of Workers’ Compensation.
What Benefits Are You Eligible to Get?
As mentioned earlier, you’ll be eligible for medical benefits, including medical bills, prescriptions, physical therapy, travel expenses for medical reasons, etc.
Also, you may be entitled to weekly wage benefits if you’re not able to work for more than 7 days due to an accident or injury. The benefits will be calculated as 2/3 of the average weekly wage, but not beyond $500 per week. You will be eligible for these benefits for up to 400 weeks.
However, if you’re able to get back to work but not able to work in the same capacity before the accident, you may be eligible for reduced benefits (not more than $350 per week), to cover your earnings for up to 350 weeks from the date of injury.
Hire a Workers’ Compensation Lawyer Today!
Georgia has a system in place designed to support those who have sustained injuries or caught illnesses while going about their jobs. This system is known as workers’ compensation.
In the unfortunate event that you sustain severe injuries while at work, an occupational disease, have your claim denied, or have a complex workers’ compensation case, do not hesitate to seek the assistance of a seasoned Canton, GA workers’ compensation lawyer. The team at Workers’ Compensation Lawyers Coalition is skilled and ready to defend your rights.
We will help make sure every procedure is properly followed and all deadlines are met. Call us today at 770-796-0919 and get a free, initial consultation.