With the exception of a few types of businesses, every employer in the state of Georgia is required to have workers’ compensation insurance. This insurance is there to cover claims against an employer from employees who have been injured on the job. Call to start your workers’ compensation claims process in Kennesaw today.
If you have been injured while working, you may have the right to claim for your medical expenses, loss of wages and other losses from your employer.
Contact Workers’ Compensation Lawyers Atlanta, Georgia for more information on how the workers’ compensation claims process in Kennesaw works.
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How Do I Know if My Injury Will Be Covered By A Workers’ Compensation Claim?
Injuries that are covered by a workers’ compensation claim are called compensable injuries. An injury must fulfill the following 3 criteria in order to be considered compensable:
- The injured person must be an employee – whether full or part-time.
- The injury or illness must have occurred during the course of employment.
- The injury must result in a loss such as medical expenses or loss of wages (income).
What Types Of Injuries Are Covered By A Workers’ Compensation Claim?
Commonly, the following injuries are covered by a workers’ compensation claim:
- Injuries or illness resulting from an accident in the workplace.
- Occupational injuries or illness resulting from exposure to certain elements (such as fire, chemicals, toxic substances, etc.) which cause diseases and medical conditions such asbestosis, sunstroke, hearing loss, vision loss, silicosis and so on.
- Repetitive stress injuries which occur from repeating the same task.
- Mental stress injuries or illness such as anxiety, depression, PTSD (post-traumatic stress disorder, emotional distress, etc.
However, there are certain exceptions that will result in a claim being denied by an employer and their insurance provider including:
- Injuries that occurred while traveling to and from work.
- Injuries that occur during lunch or other break times.
- Injuries resulting from fighting or “horseplay”.
- Injuries which occur while intoxicated (under the influence of drugs or alcohol).
- Injuries that happen while at an unauthorized work gathering with other coworkers.
- If you are uncertain whether you injury will be covered by a workers’ compensation claim, contact Workers’ Compensation Lawyers Atlanta to find out.
How Long Do You Have To File A Workers’ Compensation Claims Process In Kennesaw?
The state of Georgia applies a statute of limitations to workers’ compensation claims of 1 year. This means that you have exactly 12 months from the date of the injury to file your workers’ comp claim.
In a case where the employer provided medical care and the employee was able to continue to work, the period may be extended. If you miss the deadline by just 1 day, then you will no longer have a claim for compensation against your employer.
However, it is important to note that you have 30 days within which to notify your employer that you have been injured. If you do not notify your employer in writing within 30 days if being injured, then you will not be able to claim workers’ compensation.
It is absolutely critical to start the claims process immediately or as soon as medically possible after your injury. Although 1 year may seem like sufficient time to file a claim, if your claim is denied, you still only have 1 year from the date of your injury to request a hearing from the State Board of Workers’ Compensation.
How To File A Workers’ Compensation Claims Process In Kennesaw?
It is important to follow the workers’ compensation claims process in order for your claim to be approved by your employer and their insurance provider. The following steps should be followed, preferably in order, as part of the workers’ compensation claims process in Kennesaw.
Step 1 – Notify Your Employer
You need to inform your employer that you have been injured, the nature of the injuries that you sustained and a report of how the injury occurred. This needs to be done in writing. Some employers will have an official incident report that you will need to complete while others will accept any form of written notification. The information should be provided to your supervisor, manager and/or HR department.
Remember that your employer needs to be notified within 30 days of the injury. Keep a copy of the report and ask for a receipt of your notification.
Step 2 – Seek Medical Attention
It is very important to seek medical attention for your injuries as soon as possible. This will provide you with proof of your injury, the treatment that you required and the cost of the treatments. Your employer may provide the necessary care.
If they do not, they are required by law to provide you with the names of at least 6 doctors or medical care providers that are certified to provide you with treatment.
The workers’ comp insurance will only pay medical expenses that form part of your claim if you see one of the authorized doctors or medical care providers.
Step 3 – Complete Form WC-14
If your employer or their insurance provider denies your claim, you need to complete Form WC-14 and submit it to the Board of Workers Compensation in Georgia. Your employer may be able to provide you with this form or you can get it from the Board of Workers Compensation. The insurance provider will then either authorize or deny your claim.
You only have a year from the date when you were last treated by an authorized doctor or medical care provider (or within 2 years of receiving your last payment of weekly benefits) to start the workers’ compensation claims process in Kennesaw with the State Board of Workers Compensation.
Step 4 – If Your Claim Is Denied
Your employer or their insurance provider will notify you if your claim has been denied and the reason why it was denied. You then have the right to request a hearing from the State Board of Workers Compensation. This request needs to be filed within 1 year of the date of your injury.
The Board will then decide whether or not to grant you a hearing and decide whether or not to order the insurance provider or your employer to pay your claim.
It is highly recommended to hire a lawyer to represent you throughout this process. It is not unusual for employers to suddenly become unfriendly because you have filed a workers’ comp claim because they are looking at an increase in their insurance rate.
Insurance providers are also going to do their best to refuse or minimize your claim as much as possible. A lawyer will ensure that neither your employer or their insurance providers are taking advantage of you or infringing on your rights.
Call a Lawyer Today for Help With Your Workers’ Compensation Claims Process in Kennesaw?
Contact the lawyers at Workers’ Compensation Lawyers Coalition Atlanta today to start your workers’ compensation claims process in Kennesaw for an obligation-free consultation and we will help ensure that you get the compensation that you deserve from your employer and/or their insurance.