Workers’ Comp: Is It Available From My Employer?

Workers’ comp plays a huge part in ensuring the safety of employees. If you have suffered from a workplace injury, your employer is responsible for your medical expenses, lost income, or other accommodations. Employers are legally obliged to make sure of the safety of their employees at the workplace.

However, accidents happen, and worker’s compensation covers almost all kinds of damages caused by accidents. Worker’s compensation cost depends on the percentage of your payroll. Unlike health insurance, worker’s compensation insurance does not require employee payroll deductions.  It is imperative to contact employment lawyers in Atlanta if you are going through a workplace injury and need to file for worker’s compensation benefit.

According to Georgia worker’s compensation law, any business firm having three or more employees, including part-time workers, must have worker’s compensation insurance.

What Is the Purpose of Workers’ Comp Insurance?

Workers’ compensation insurance has two primary purposes:

  • To ensure that employees are benefited from medical care and compensation for a percentage of the income they earn. At the same time, they don’t have to file for personal injury, consequently protecting employers from lawsuits by workers injured while working.
  • Workers always get compensation no matter who was at fault in the accident. Unfortunately, if an employee is killed due to an accident at the workplace, workers’ comp provides death benefits to the deceased’s family.

How Does the Workers’ Comp System Work?

The workers’ compensation system varies from state to state and is established by statutes in each state. State laws and courts have the power to control the program in that state, and it’s not necessary to have the same rules and regulations in two states.

States determine the number of benefits included in workers’ comp insurance to which an employee is entitled, what damages and injuries are covered, how losses are evaluated, and how medical care is delivered.

Moreover, states decide who would provide the workers’ compensation insurance, either an agency run by the state, private insurance companies, or the state alone. It is advised to visit your state’s workers’ compensation department Website to better understand the requirements.

Significance of Workers’ Compensation Status:

An employee’s recovery from injury or illness is influenced by their employer’s workers’ compensation status. If the company has workers’ compensation insurance, the insurance company will cover all the expenses of worker’s injury, lost wages, and other expenses.

On the contrary, employers who do not have a workers’ compensation policy, usually known as non-subscribers, are liable to pay all the costs for workers’ injuries during working hours. This may include medical bills, emotional and physical suffering caused by accident, and present and future income loss.

It can be determined that workers can recover more reimbursements from non-subscribers than they would receive from employers’ insurance companies. Determining the workers’ compensation insurance status should be the first step in securing compensation because any potential recovery depends on it.

Atlanta workers' compensation lawyer

Important Steps to Manage a Workers’ Compensation Claim:

Employers need to review and obey state laws because state laws define employer-required coverage, posting, reporting, and determining what constitutes a workers’ compensation claim.

In case of an employee’s work-related injury or illness, the following are some essential steps that shall be taken to administer a workers’ compensation claim.

Educate Your Employees:

Organizations should inform employees and supervisors about workers’ compensation coverage and injury/illness reporting requirements.

Employers typically create policies and procedures in employee handbooks and procedure manuals, posted on the company’s intranet, or included in the state’s poster/notice requirements. Employers should develop and facilitate training supervisors on when, where, and how to report work-related injuries and illnesses.

Report Incidents to the Concerned Departments:

Organizations should make policies and procedures where employees are being addressed to report the incidents to the company’s designated departments or positions. The concerned departments are usually human resources or a health & safety committee.

Now it’s the representative’s responsibility to decide if first aid is sufficient for the employee who has suffered from injury or needs additional emergency care and needs to be hospitalized. Depending on the accident’s severity, the representative may need to inform the employee’s emergency contact.

Moreover, the employer should make sure to seal the place where the accident occurred in order to prevent any additional damage.

Make Written Reports of Injury/Illness:

The employer should have someone designated to file the injury reports and write all the information related to the accident. If possible, the concerned person should meet with the injured worker and ask them directly about the facts of the accident.

The report usually requires the place where it occurred, a description of the injury or illness, the dates of the incident, when an employee got to know about their injury, and when an employee has submitted the compensation claim form. An injury report should be completed timely and must have all the information about selecting a physician, medical expenses, travel reimbursement, and compensation benefits.

Submit the Incident Report to the Insurance Company:

The organizations should submit the incident report to the insurance companies on board. It is mandatory to check all the possible methods to submit the workers’ compensation final report to the insurer. Additionally, there may be some documents to be filled by the employee. Employment lawyers in Atlanta can best assist you and tell you about these formalities while claiming your workers’ compensation.

Stay in Contact With the Employee:

The representative of the concerned department should inform the employee about the submission of the workers’ compensation claim.

Suppose the company does not provide you with a representative. In that case, you can hire employment lawyers in Atlanta, who would guide you on when to contact the insurer and what documents you should submit, such as medical bills and wage replacement. An attorney will also schedule regular follow-ups with your employer and the insurance company.

Contact Employment Lawyers in Atlanta:

If you are going through a workplace injury, a personal injury attorney in Atlanta, GA, can assist you in getting a legal evaluation regarding your workers’ compensation claim. Our well-experienced attorneys can help you get the maximum compensation you deserve.