The Georgia Workers’ Compensation Act provides legal guidelines for determining the eligibility of a workers’ comp claim. The statutes were officially adopted during the 1920s and have undergone several updates over the decades. They do not provide a stringent list of specific injuries that can be covered. The regulations are more concerned with the cause of the injury and what the employee was doing when the injury occurred.
Because of this, many people are worried that their specific injury may not be compensable. You can always seek guidance regarding a specific injury by speaking with a workers’ compensation lawyer in Stockbridge. Our team of lawyers has been providing legal assistance to employees like yourself for several decades. We make every effort to fight for the rights of injured workers when the big insurance companies don’t want to honor their responsibilities.
We may not have a strict list of compensable work injuries in Stockbridge, GA, but we can easily look through the history of workers’ comp claims in Georgia to see what injuries are likely to be approved. If you are still worried about whether your injury may not be compensable, then reach out to our legal team. Call our Workers’ Compensation Lawyer Coalition at 770-796-0919 for assistance with your claim.
Table of Contents
What Are Compensable Work Injuries in Stockbridge, Georgia?
In order to be covered by workers’ comp, an injury or occupational disease must be caused by your job. It also needs to occur during the course of your duties. So, for example, an injury that happens while you are out for your lunch break isn’t compensable.
Some examples of compensable work injuries include:
Back and Neck Injuries
Injuries that affect the back or neck are some of the most common across all work industries. They can occur while sitting at a desk, when stocking a shelf, or when driving a truck. Examples of neck and back injuries can include bruises, strains, herniated disks, broken bones, and spinal damage.
The most common type of spinal injury is whiplash and it most often occurs during a vehicle accident. Even a low-impact collision can lead to severe whiplash. Back injuries that involve the spinal cord can lead to lifelong disabilities and require constant physical therapy.
Loss of a Sense
This most often refers to the loss of vision or hearing. However, specific head injuries can cause a victim to lose their sense of smell or taste. A loss of vision can occur from a variety of different accidents, including poisoning and chemical burns. Any injury that includes the complete loss of vision in both eyes is classified as a catastrophic injury. These severe injuries are classified separately and are not restricted by the 400 week maximum for disability benefits.
Loss of a Limb
The loss of a limb could be the result of amputation or it could refer to the functional loss of limb such as through paralysis. Heavy machinery is often involved in accidents that result in the loss of a limb. Some examples include logging machinery, farming equipment, and assembly-line machinery. Whether you lose a finger or a leg, you will experience some form of disability for the remainder of your life. The combined loss of any two major limbs (legs, arms, feet, hands) is also classified as a catastrophic injury.
Tendonitis is one of the most common repetitive stress injuries that can occur at work. It is the irritation of a tendon or tendons, which are fibrous cords that connect bones and muscles. Even mild tendonitis can result in chronic pain and prevent an employee from performing their normal work duties. It occurs regularly in the construction industry, on assembly lines, and with office workers.
This is one of the many occupational illnesses that remain prevalent in today’s construction industry. It is a form of lung disease that results from prolonged exposure to asbestos fibers. These fibers were once very common in construction and building materials. Modern construction workers and contractors often uncover materials containing asbestos and risk exposure. There is also a risk of asbestos exposure for employees who work in older buildings.
What Types of Compensation Can You Claim?
Workers’ compensation disability benefits are available in any one of three categories. The category of benefits that you receive may change over time as your treatment progresses or you reach your temporary weekly maximum.
Temporary Partial Disability (TPD) Benefits
TPD benefits are available to injured employees who are able to return to work but at reduced pay. The pay reduction often results from the requirement for reduced hours or because the physician has prohibited certain work activities. This weekly compensation will equal 2/3rds of your pre-injury weekly income with a current maximum of $450. You can only receive TPD benefits for a total of 350 weeks.
Temporary Total Disability (TTD) Benefits
You will be eligible for TTD compensation if your physician says that you are unable to return to work. You may also be eligible if they allow you to return in a limited capacity but your employer does not have work available. Similar to TPD, these benefits are equal to 2/3rds of your weekly rate. The current weekly maximum for TTD benefits is $675. You can receive TTD benefits for a maximum of 400 weeks unless you were a victim of a catastrophic accident.
Permanent Partial Disability (PPD) Benefits
Most workers’ compensation claims result in PPD benefits. These benefits may be paid on a weekly basis or the insurance provider may decide to settle for a lump-sum payment. The maximum duration of PPD benefits is based on the disability rating provided by your physician. The amount is the standard 2/3rds of your average weekly income.
Medical & Death Benefits
Workers’ compensation can come in two other forms. The first is medical benefits, which provide compensation for medical treatments, prescriptions, and physical therapy. The second is death benefits. In cases where a work injury results in death, the dependents of the victim are entitled to weekly benefits equal to 2/3rds of their average weekly income.
How Long Do You Have to File for Workers’ Compensation in Georgia?
You have a maximum of one year from your injury to file a workers’ comp claim in Georgia. The deadline is refreshed each time that you receive medical treatment funded by the workers’ compensation insurance policy. It is also refreshed by two years whenever you receive income benefits funded by the workers’ comp insurance policy.
Contact Our Stockbridge Workers’ Compensation Lawyers
There are very few workplace injuries that are not considered compensable. More important than the injury is the cause of the injury and the actions of the employee. You will need to meet certain requirements to ensure your injury remains compensable. Those responsibilities include passing a drug test and reporting the injury before the deadline. If the insurance company attempts to dispute your injury, then you need to contact a workers’ comp attorney.
Receive a free case evaluation from our attorneys at the Workers’ Compensation Lawyer Coalition by calling 770-796-0919. We can determine if you have a claim for compensable work injuries in Stockbridge, GA, and help you file your claim for benefits.