Victims of workplace accidents in Carrollton, Georgia often face medical bills they are unable to afford, and time away from work further strains their financial resources. However, workers injured on the job are usually eligible for benefits such as medical benefits, supplemental income, and rehabilitation support, through the workers’ compensation system.
If you want to have the best chance of receiving the benefits you are rightfully entitled to after suffering a work-related accident or illness, you need to have an experienced Carrollton workers’ compensation attorney on your side. Fortunately, the legal team at Workers’ Compensation Lawyers Coalition can help you with the workers’ compensation claims process in Carrollton, GA.
Contact us at 770-796-0919 today to schedule your free consultation.
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How Can I Know If My Injury Will Be Covered by a Workers’ Compensation Claim?
The workers’ compensation laws in Georgia require that for compensation to be due, an injury must 1) “arise out of” and 2) be sustained “in the course of” employment. Unfortunately, there is not clear-cut test for either of these requirements.
The following are some of the key considerations with regards to the two criteria recognized under the law in Georgia when it comes to determining whether or not your injury will be covered by a workers’ compensation claim in the state.
You Have an Injury Arising Out of Employment
“Arising out of employment” means that a causal connection exists between the condition of the work and the resulting injury. Simply put, the injury must be related to your employment and not be independent of it.
You Are Hurt in the Course of Employment
“In the course of employment” means that the accident must occur within the period of employment. It should also occur at a place where the employee is performing their duties. Simply put, it must occur while the employee is fulfilling their work-related duties.
Any physical injury that you suffer at work should be covered by workers’ compensation as long as it meets the two criteria under Georgia law as explained above. The most common workers’ compensation injuries involve:
- Machine-related injuries
- Falling objects
- Industrial accidents
- Slip and fall accidents
- Overexertion and repetitive motion injuries
- Vehicle accidents
More dangerous jobs usually have the highest rate of serious workplace injuries. However, it is still possible to sustain an injury in any type of employment, including a desk job. You must never assume that your injury is not covered simply because you don’t have a “dangerous” job.
If you are unsure about your work-related injury or illness or fear that your employer will not cover it, get in touch with our experienced worker’s compensation lawyers at Workers’ Compensation Lawyers Coalition in Carrollton, GA to discuss your case.
Instances Where Injuries Aren’t Covered Through Workers’ Compensation
While the vast majority of work-related injuries and illnesses are automatically covered via workers’ compensation, there are certain rare instances where your benefits could be reduced or denied.
- Failure to use the provided safety devices
- Injuries sustained after engaging in a personal altercation not related to your employment
- If you were under the influence of alcohol or drugs when the accident happened
- Injuries suffered when engaging in practical jokes or horseplay
- Injuring yourself or providing false information to receive benefits.
Obviously, there’s always the chance that your employer or their insurance provider may claim that you were engaging in any of the above even though you weren’t. If that happens, you need to contact our workers’ compensation lawyers at Workers’ Compensation Lawyers Coalition in Carrollton, GA immediately.
How Long Do You Have to File a Workers’ Compensation Claim in Georgia?
You have one year from the date of the accident to file a Notice of Claim. If your employer has provided medical treatment as a result of the work-related injury or illness or you can continue working following the injury, the deadline may be extended. If you are unsure about whether the statute of limitations has lapsed in your case, you need to consult a lawyer.
How to File a Workers’ Compensation Claim in Georgia?
If you are injured on the job, it is important to know how the workers’ compensation claims process in Carrollton, GA works. To submit a valid claim, you need to follow all the steps below. Ensure that you:
- Report the injury to your employer (supervisor, foreperson, or boss) within 30 days of the accident.
- Obtain the Workers’ Compensation Claim form (WC-14) by writing to the State Board of Workers’ Compensation at 270 Peachtree Street, NW Atlanta, GA. Alternatively, you can call (404) 656-3818.
- Complete and file the WC-14 form with the State Board of Workers’ Compensation.
- Send a copy if your completed WC-14 form to your employer and your employer’s workers’ compensation insurance provider.
- File the completed WC-14 form within 1 year of the accident to claim your rights under the law.
What If the Claim Is Denied?
Georgia law guarantees you to request a hearing in case the claim is denied. The hearings are typically scheduled about 2 months after a hearing is approved, a judge assigned, and the judge has received your completed WC-14 form.
If your claim is denied, you should also consider hiring an experienced workers’ compensation lawyer from Workers’ Compensation Lawyers Coalition to make an appeal. The appeals process involves submitting another form to the Board of Workers’ Compensation and a hearing date is set 60 days from the submittal of the appeal.
The hearing is similar to a court trial. You or your lawyer will be required to make arguments and present evidence showing why your claim should be approved. To have the best chances for success, you need the assistance of a skilled lawyer.
Get Help With the Workers’ Compensation Claims Process in Carrollton, GA
If you have suffered a work-related injury or illness, you need to contact our Carrollton, GA workers’ compensation lawyers at Workers’ Compensation Lawyers Coalition today. We understand the complex workers’ compensation system in Georgia and actually deal with it on a daily basis.
You can count on us to help you navigate the process of filing for your worker’s compensation benefits while giving you the best chance of success. Contact us today either online or by calling 770-796-0919 for a free consultation if you are seeking workers’ compensation benefits in Carrollton, Georgia.