Tragically, work-related injuries and illnesses happen all the time and can happen to anyone, no matter the job field or industry. Although workers deserve compensation for job-related injuries or diseases, not all injuries qualify as compensable work injuries in Redan.
The Workers’ Compensation Lawyers Coalition can help you understand your work-related injury and pursue compensation if you are eligible. Call our Redan workers’ comp attorneys at 770-796-0919 to schedule a free case evaluation.
What Are Compensable Work Injuries in Redan?
Georgia employees who sustain injuries while on the job are entitled to workers’ compensation benefits. But, workers’ compensation does not automatically cover all injuries or illnesses. Workers’ compensation laws in Georgia require that for an injury to be compensable, the injury or illness must arise out of and in the course of employment.
In Georgia, these requirements are deceptively complicated. Here are the major considerations for injuries.
Arise Out of Employment
Arising out of employment means that:
- There must be a causal relationship between the work and the resulting injury.
- The injury must not be independent of the employment.
Happen in the Course of Employment
Happening in the course of employment means:
- The accident must happen within the period of employment.
- The accident occurs in the location where the employee is performing their duties.
- The injury occurs while the worker is carrying out their duties.
Types of Injuries Covered by Workers’ Comp in Georgia
The following injuries qualify as compensable work injuries in Redan:
An Injury That Aggravates Preexisting Conditions
If the activities or conditions in your job aggravate a preexisting condition, you may be entitled to compensation from your employer. But, your employer will only be required to compensate you to the pre-aggravation point – the point before your on-the-job injury or illness aggravates a preexisting injury or illness.
An Occupational Injury or Disease
If you get an injury or disease which is a specific risk of your job, you may be entitled to compensation. Occupational injuries or illnesses may include psychological or nervous injuries caused by long-term stress or other work-related factors but in rare cases. For instance, workers exposed to contaminants or noise pollution may suffer injuries that compromise their bodies’ internal systems or cause hearing loss or migraines.
Coverage for occupational injuries and diseases may have complicated limitations. If you wish to pursue a workers’ compensation claim based on a disease or injury believed to have resulted from your occupation, we recommend that you contact a lawyer.
Injury From Physical Trauma
Sometimes, a worker may sustain an injury from an identifiable accident or incident in the workplace. As long as the injuries caused by a specific workplace accident are apparent, they qualify as compensable work injuries in Redan. The physical trauma injury may include a broken bone or a back injury resulting from a slip and fall.
A Physical Injury Intensified by Mental Anguish
Workers can sometimes suffer physical injuries at the workplace that are compounded by symptoms of depression and anxiety. When there is sufficient medical evidence to prove a causal relationship between the physical injury and the mental expressions, the injured worker can claim workers’ compensation benefits.
A Disease or Injury Resulting from Mental Issues
When there is proof that a stressful situation in the workplace is the cause of heart attacks or other cardiovascular diseases, you can claim compensation.
A Mental Injury
Some situations in the workplace like workplace violence, job-related stress, or a traumatic incident at work can result in a mental injury. However, for workers to receive compensation for a mental injury, they must have worked for their employer for at least six months.
The employer must also be 51% at fault for the situation that caused the mental injury or stress. The only exception to these guidelines will be if a worker’s mental injury is caused by witnessing a traumatic and violent event at work.
Cumulative Trauma or Repetitive Stress Injury
These types of injuries gradually develop over time, deteriorating the worker’s ability to perform their job duties. Repetitive stress injuries do not result from a single workplace accident or incident. A good example of this type of injury is carpal tunnel syndrome, a cumulative trauma injury caused by repetitive hand motions.
What Types of Compensation Can You Claim?
There are numerous types of benefits for compensable work injuries in Redan. The type of benefits you can claim will primarily depend on the severity of your injuries or illnesses and the amount of lost wages.
Lost Wages (Indemnity Benefits)
Generally, an injured worker can claim indemnity benefits to recover lost wages. Georgia recognizes the following four types of indemnity benefits:
- Temporary Total Disability Benefits: TTD helps restore lost wages for a limited period when workers cannot perform their job duties due to an injury or disease sustained at the workplace.
- Temporary Partial Disability Benefits: TPD benefits replace lost income in the event that the on-the-job injury forces the employee to have reduced working hours or only work light-duty.
- Permanent Partial Disability Benefits: PPD benefits come after the expiry of the timeline for receiving TTD and TPD. Additionally, a doctor must declare an employee to be permanently partially impaired for them to receive this type of benefit.
- Permanent Total Disability Benefits: Finally, employees who sustain some form of permanent physical loss are entitled to this type of benefit. The period in which a worker can receive these benefits will depend on the severity of the injury.
On top of indemnity benefits, Georgia workers are also entitled to medical benefits to pay for all necessary and appropriate medical treatment arising from on-the-job injury or disease. To receive medical benefits, the injured worker should get treatment from an authorized medical practitioner.
Generally, medical benefits will pay for ambulance fees, medical testing, prescription medications, emergency room treatment, hospitalization, physician’s fees, assistive and therapeutic equipment, and physical therapy. These benefits may extend for 400 weeks.
Georgia workers’ compensation benefits also include:
- Rehabilitation and career training: Workers’ compensation can pay for an injured worker to get training for a new career path or work in a different capacity if their injury prevents them from returning to their previous occupation.
- Survivor death benefits: Surviving family members of a worker who dies due to a job-related accident or illness can recover compensatory benefits too.
- Mileage: Georgia’s workers’ compensation benefits also cover travel costs to and from doctor’s appointments.
How Long Do You Have to File for Workers’ Compensation in Georgia?
You have one year from the date of your workplace accident to file a workers’ comp claim, and if you receive medical treatment, the time limit is one year from the last time your worker’s compensation carrier paid for medical treatment. If you received a check for workers’ compensation, the timeline for filing a claim is two years.
Contact Our Redan Workers’ Comp Lawyers for a Free Case Review
Have you been a victim of a workplace injury in Redan? You may be entitled to compensation benefits if your injury or illness qualifies as a compensable injury under Georgia law. At the Workers’ Compensation Lawyer Coalition in Redan, we represent injured workers in their pursuit of benefits. Call us today at 770-796-0919 if you need help with your workers’ compensation claim.