Workers’ compensation is a form of coverage purchased by employers to protect employees financially in case of work-related injuries or occupational diseases. The primary goal of workers’ compensation is to pay for medical bills, lost wages, and others.
If you sustain an injury or fall ill while at work, navigating the workers’ compensation claim process can be an overwhelming experience. That’s why it is advisable to consult with one of your experienced Clarkdale workers’ compensation attorneys.
We provide free, no-obligation initial consultations, where our team listens to your case, answers any question you might have, and provide the best legal action solution. The lawyers at the Workers’ Compensation Lawyers Coalition will guide you through the steps in the claims process for compensable work injuries in Clarkdale, GA.
So, do not hesitate to reach out to learn more about your situation and the best course of legal action by calling 770-796-0919.
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What Are Compensable Work Injuries in Clarkdale, Georgia?
For a worker to get workers’ compensation benefits, there needs to be a compensable injury. According to Georgia’s compensation benefit laws, a worker needs to sustain either accidental injuries or occupational disease in order for a claim to be deemed compensable.
Simply put, workers’ compensation will only come into play when your injuries have been shown to be a direct result of a work-related accident and therefore considered as compensable work injuries.
Georgia courts will only award benefits for work injuries if the following aspects are established:
- The injuries you sustained are a direct result of a work-related accident
- The injuries you sustained came up from employment
- The injuries you sustained happened while at work or in the course of employment.
In addition, the compensability analysis requires that the injury ‘disabled’ you in a way. This is in accordance with the Georgia compensation benefit act. Keep in mind that ‘disabled’ in this context means the inability to earn your normal wage due to an injury that resulted from an injury while at work.
That being said, as a worker, you should be able to show that:
- The injury rendered you unable to work or earn the same amount of money you did before the injury, within the same workplace or in another company.
- Your incapacity was a result of the injury
Common Types of Compensable Injuries
Common types of compensable work injuries include:
- Slip & Fall Related Injuries: These include broken legs, broken hips, head trauma, broken hips, brain injuries, soft tissue injuries, spinal injuries, etc.
- Back Injuries: These include muscle strains, nerve injuries, soft tissue injuries, vertebrae injuries, etc.
- Occupational Diseases: These include any form of poisoning, inflammation because of workplace trauma, hearing loss, asbestos-caused cancer, compressed air illness, diseases due to chemical and toxins exposure, blisters caused by tools, etc.
- Repetitive Motion Injuries: These types of injuries usually happen because of repetitive motion such as typing, working on an assembly line, etc. Common examples are carpal tunnel syndrome, tendonitis, bursitis, etc.
- Machinery Accident Injuries: These are caused by either misuse or malfunctioning equipment or machinery.
It’s imperative to bear in mind that the nature of injury plays a vital role. As such, the nature of your injury needs to be obvious and easy to explain from a glance from an accident. Slip and fall injuries, for example, are easy to identify, making the nature of the injuries pretty obvious.
If the nature of an injury isn’t obvious, it can be hard to receive workers’ compensation benefits. To know whether or not your injury or occupational disease is considered compensable and covered under Georgia’s workers’ compensation injury benefit act, it’s best to consult a seasoned workers’ comp lawyer.
How Much Can You Get for Work Injuries in Georgia?
The amount of settlement you receive from a compensable work-related injury or disease will differ depending on the extent of the accident. This is where the following factors come into play:
If your injuries are deemed temporary but prevent you from working as you recover, then you’ll be entitled to a Temporary Total Disability (TTD) benefit. Keep in mind that this type of benefit doesn’t cover the first 7 days of the disability unless you end being away from work for over 21 days.
You can only get TTD benefits for a maximum of 350 weeks after the date of injury. This seems like a lot of time, which it is for most injuries. Also, note that this benefit only amounts to two-thirds of your average weekly wage.
The benefits for workers’ compensation in regards to permanent disability will also vary depending on the injury. In this case, the following has to be assessed:
Scheduled Loss of Use
If you lost your vision, hearing, or a part of your body, you’re entitled to a permanent partial disability (PPD) benefit. You will get a weekly check of two-thirds of your average weekly pay, but no more than $675.
Georgia’s law also awards lump-sum amounts for other kinds of partial disability.
Permanent Total Disability
You might also be eligible for permanent total disability benefits for the rest of your life, which is usually at the same rate as the temporary total disability.
How Long Do I Have to File a Workers’ Comp Claim in Georgia?
The statute of limitations for workers’ comp in the state of Georgia is 1 year from the date of injury. This means you need to file a workers’ comp claim within a year from the date of the accident or you’re no longer eligible for settlement for the accident-related injuries or damages. Also, you’re required to inform your supervisor and employer within 30 days of the accident.
Call Our Clarkdale Lawyers to Learn If Your Work Injury Is Compensable
Sustaining an injury while at work or contracting a disease can affect your future financial-wise. That’s why it is best to seek a settlement through the workers’ compensation act. Call our offices at 770-796-0919 to find out if you have compensable work injuries in Clarkdale, GA, and learn about your legal options.
We offer free initial consultations and work on a contingency basis. That means no fees unless we help you get benefits. So, if you need any legal assistance, do not hesitate to reach out to our team at the Workers’ Compensation Lawyers Coalition.