- July 12, 2024
- Workers' Compensation
Work injuries can leave you struggling with pain and financial burdens. Thankfully, most employees are covered under the Georgia workers’ compensation system. Workers’ compensation covers medical treatment and offers weekly benefits for lost wages.
Workers who suffer severe injuries wonder if they can get pain and suffering in a workers’ compensation case. The short answer is no. Unlike, personal injury claims, workers comp doesn’t cover pain and suffering.
Navigating the workers’ compensation system is complicated, but injured workers can rely on an experienced Atlanta workers’ compensation lawyer for help. Call our law firm today for a free consultation.
Workers Compensation Benefits in Georgia
Workers’ compensation is designed to provide financial support and medical care to employees who suffer a work-related injury or illness. Under Georgia’s workers’ compensation laws, most employees are covered by workers’ compensation insurance, which is required for employers with three or more employees. This coverage includes both full-time and part-time workers, as well as seasonal employees.
When an employee suffers an on-the-job injury, workers’ compensation covers medical bills. These expenses can include doctor visits, hospital stays, surgeries, medications, physical therapy, and other related medical costs.
Workers comp benefits replace a portion of lost wages while you’re recovering. In Georgia, the amount paid is based on the injured worker’s average weekly wage. Specifically, workers can receive two-thirds of their average weekly wage, up to a maximum limit set by the state.
Workers compensation benefits cover:
- Medical expenses
- Weekly wage benefits if you cannot work for more than seven days
- Vocational rehabilitation
- Death benefits for dependents if an employee dies from a workplace injury
What Is Pain and Suffering?
Pain and suffering refers to the physical pain and emotional suffering due to an injury. This can encompass a wide range of experiences, from chronic pain and physical discomfort to emotional distress, anxiety, and depression.
Accident victims can seek pain and suffering compensation in personal injury cases. Winning a personal injury claim requires proving the defendant was at fault.
Does Workers Compensation Pay Pay and Suffering?
If you suffer severe injuries in a workplace accident, you may be grappling with intense pain and distress. However, workers’ compensation claims don’t include pain and suffering damages.
Workers’ compensation is designed to cover specific economic losses, such as a portion of lost income. It does not extend to non-economic damages like pain and suffering. You don’t need to prove fault to receive benefits.
In contrast, you can seek compensation for economic and non-economic losses in a personal injury case but you must prove the defendant was at fault for the accident that caused your injuries.
Third-Party Lawsuits and Pain and Suffering
You won’t get pain and suffering in a workers’ compensation case. You also can’t sue your employer for a work injury with limited exceptions. However, there are situations where you can file a personal injury claim against a third party (someone other than your employer) and recover pain and suffering damages.
For example, a person is driving to visit a client as part of their job, when they’re in a car accident with a reckless driver who ran a red light. The injured worker could file a personal injury lawsuit against the reckless driver and also file a claim for workers’ compensation.
What to Do After a Workplace Accident in Atlanta, GA
If you’re injured at work in Georgia, it’s crucial to take specific steps to ensure you receive the necessary care and benefits. Here’s what you should do:
Report Your Work Injury
The first step is to report your work injury to your employer as soon as possible. Georgia law requires that you notify your employer within 30 days of the injury. Failure to do so may result in losing your right to file a workers’ compensation claim. Be sure to inform your supervisor or human resources department and provide details about how and when the injury occurred.
Contact a Workers Comp Lawyer Right Away
After reporting the injury, it’s wise to contact a workers’ compensation lawyer. A lawyer can navigate the complexities of Georgia’s workers’ compensation laws, ensuring that you understand your legal rights and helping you file your claim. They can also represent you if the employer or insurance company tries to deny or minimize your benefits.
Get Treatment
Seek medical attention immediately after the injury. Your employer should provide a list of authorized treating physicians. You must choose a doctor from this list to ensure your medical costs are covered under workers’ compensation. The authorized treating physician will diagnose and treat your injury, and their reports will be critical for your claim.
File Your Workers Compensation Claim
To file a workers’ compensation claim, you must complete and submit the appropriate forms to the Georgia State Board of Workers’ Compensation and send a copy to your employer and their insurance company. Your workers’ compensation lawyer can assist you in ensuring all paperwork is completed accurately and submitted on time.
Document Everything
Keep thorough records of the accident, including the time, date, location, and any witnesses. Additionally, document all expenses related to your injury, such as medical bills and time missed from work. This documentation will be essential in supporting your workers’ compensation claim and ensuring you receive the full benefits you’re entitled to.
How We Can Help Your Workers’ Compensation Case
A lawyer can be an invaluable asset in your workers’ compensation case, providing expertise and support throughout the process. Here are several ways our legal team can assist you.
Navigating the Claim Process
Workers’ compensation laws can be complex and difficult to understand. A workers’ compensation attorney has the expertise to guide you through the process and help you avoid common pitfalls that could jeopardize your claim.
Ensuring Fair Compensation
Workers’ compensation benefits can include medical expenses, wage replacement, and compensation for permanent disability. A lawyer can help ensure that you receive fair compensation by accurately calculating your average weekly wage, considering all applicable benefits, and challenging any unfair disability assessments.
Insurance companies often aim to minimize payouts and may dispute or deny your claim. A workers’ compensation lawyer will fight for the maximum benefits you deserve.
Representing You in Hearings and Appeals
If your claim is denied or disputed, you may need to attend hearings or file an appeal. A lawyer can represent you in these proceedings, presenting your case effectively and advocating for your rights. Their experience in workers’ compensation cases gives them the skills to handle complex legal arguments and procedural requirements.
Call Our Workers Compensation Lawyers in Atlanta Today
If you have been injured on the job, our Atlanta workers’ compensation lawyers can help you file your claim and get the benefits you deserve. Call us today at 470-518-5026 for a free consultation!
