- May 13, 2024
Many injured workers do not consult with an Atlanta workers comp lawyer and do not get benefits, because they believe that, as seasonal workers, they do not qualify to file a claim. In reality, workers comp for seasonal workers is clearly stipulated in the laws of our state.
You deserve workers comp benefits if you were injured on the job. So read on to understand your rights and obligations under Georgia law.
Who Can File a Workers Comp Claim in Georgia?
Georgia workers compensation system covers most employees, with a few exceptions:
- Certain agricultural workers
- Railroad workers (who are covered by a different workers comp system)
- Some corporate executives
- Domestic workers
- Employees of the state or federal government
Also, independent contractors are excluded from coverage. The principle here is that the contractor is not acting under an employer’s control. Thus, the employer is not liable to compensate them for work injuries.
Therefore, if you are a W-2 employee, it does not matter if you work full time, part time or on a seasonal basis. If you were injured at the workplace, you have the right to file a claim for benefits.
Common Types of Positions Qualifying for Workers Comp for Seasonal Workers
To get more specific, let us present a series of seasonal jobs which are covered by workers comp and where there is a real risk of suffering an accident:
- Summer camp counselors
- Concert staff
- Carnival workers
- Watersport guides
- Marina employees
- Hotel and beach bar staff
As long as you have an employer-employee relationship with the business paying your wages, you are covered by workers comp.
Workers’ Obligations When Filing a Claim for Benefits
The best thing to do in order to maximize your chances of getting workers comp benefits is to consult with an Atlanta workers comp lawyer as soon as possible after your workplace accident. The lawyer can guide you through the entire process, so that you do not make mistakes that could cost you your claim.
Here are the most important things you must remember to do or refrain from doing:
- Report your accident to your employer verbally immediately after it happens
- Take photos and videos of the accident area and obtain statements from coworkers who saw you getting hurt
- Take the drug test administered by the employer – refusal will get your claim denied
- Go to the nearest hospital to get diagnosed and receive emergency treatment
- Follow up the verbal notification to the employer with a written one within 30 days
- Do not talk to an insurance adjuster before discussing your case with your attorney
Types of Workers Comp Benefits You Can Receive
Workers compensation is a system that aims to help injured workers heal and return safely to work. The main benefits included in the system are:
- Medical care costs
- Replacement wages representing 66% of your regular weekly wages
- Vocational rehabilitation services
- Disability benefits if your workplace injury leaves you with permanent impairment
How a Lawyer Helps You Win Your Claim
When you file a claim for workers comp for seasonal workers, you will not negotiate with your employer, but with an insurance company. Their adjuster does not care about you, but about their employer’s profits.
An experienced lawyer is essential during negotiations for workers comp benefits. The attorney knows the law, how to present the evidence and how to threaten with an appeal before the State Board of Workers Compensation, if necessary.
Moreover, the lawyer will push towards getting a lump sum or structured settlement for your claim. This means that you will be free to choose your own doctor and the types of treatment you follow to get better.
Schedule a Free Case Review with an Atlanta Workers Comp Lawyer!
If you were injured at work during a seasonal job, get in touch with an Atlanta workers comp attorney as soon as possible. You have the right to file a workers comp claim and obtain compensation for medical care and replacement wages.
As a new client, you benefit from a free case review, so call us today at 470-287-5597!
