MACON WORKERS’ COMPENSATION LAWYERS FIGHT FOR YOUR RIGHTS

A work injury can cause a major disruption in your life. Your health is affected, but so are your career, finances, and well-being. All states, including Georgia, have a workers’ compensation system that can compensate you for some of the losses you incur and get you working again as soon as possible. This page explains the types and amounts of benefits available, so you can get paid while you are not able to work.

If you are hurt or became ill because of the work you do, you may be entitled to workers’ compensation benefits. As long as you are an eligible employee, you may receive compensation no matter who was at fault for your injury. In exchange for having this protection, you forfeit the right to file a lawsuit against your company for damages, with a few very limited exceptions.

• Most companies are required to have workers’ comp coverage, but not all do. The laws on this vary by state. Generally, the responsibility of the employer is to give coverage based on the number of workers it has, which type of business it is, and the sort of work that is being done by employees. Most states do require any employer with at least one worker to have coverage, but other states have a minimum of two to five workers.
• In Georgia, the requirement is that all businesses with three or more workers, including regular part-time workers, must carry workers’ compensation insurance. However, not all employers follow the law.
• You can verify your employer’s coverage online at the Georgia State Board of Workers’ Compensation website.
• Some states have other requirements in the agriculture and construction fields.
• Many companies buy insurance even if they are not required to. Usually, state laws allow these employers to opt into the system. In this situation, the employee can get benefits for injuries incurred on the job, but they are not eligible to file a lawsuit against their employer. Ask our workers’ comp lawyer about this if you have questions.

You must have an injury or illness related to your job.

• Generally, if you were performing work that benefitted your employer and you got injured or ill because of the work, then it is defined as work-related. For instance, your injury is obviously work-related if you strain your back while putting boxes on a truck in a warehouse. This situation can become more muddled, such as if you were hurt when you took a break or were injured at a company-sponsored party.
• If you are unsure whether or not your injury qualifies you to receive workers’ comp benefits, or if you feel you are being denied benefits unfairly, contact our workers’ compensation attorney for help.

You must meet the deadlines of your state for reporting your illness or injury and filing a claim.

• It is important to work with our Macon workers’ compensation attorney to ensure that you meet all filing deadlines.
• There are special rules for some types of employees, including domestic employees, agricultural and farm employees, seasonal or casual workers, and workers who have been placed with a company by a temp agency.

Workers who suffer an illness or injury that prevents them from working on a temporary basis can obtain one of two types of temporary disability benefits. 

1. Temporary total disability: Available if your doctor determines you are unable to work. You may receive up to 2/3 of the average weekly salary you had at the time of your injury or illness. Unless the injury is catastrophic, you will not get benefits beyond 400 weeks from the date of injury.
2. Temporary partial disability: Available if you can go back to work, but only in employment that involves less strenuous duty and less income than what you had before. You may be eligible to receive up to 2/3 of the difference between your average wage each week before and after your injury. Benefits will cease 350 weeks after the date of injury.

Permanent Disability Benefits

If your doctor determines that your injury is permanent, and it will keep you from going back to work for 12 months or more, you may receive temporary total disability for as long as you are disabled. If you are able to work but only at a job that pays you less, you can receive benefits according to an assigned disability rating. The Georgia State Board of Workers’ Compensation neatly categorizes injuries into these boxes, but injuries themselves are never as simple as these categories suggest. You might find them confusing, which is completely understandable. An experienced Macon workers’ compensation attorney will help you find out what type of injury you have and which path to take to get the payment you’re entitled to.

Unlike a personal injury lawsuit, where you must prove that another party was negligent and at fault before you can get compensation for your injuries, worker’s comp is a no-fault program. If you qualify for, file for, and accept workers’ compensation, you are not allowed to sue your employer even if their negligence caused the accident. However, there are certain situations where you can file a lawsuit for the injuries you suffered.

In Georgia, these include the following:

• Your employer doesn’t have workers’ comp coverage.
• Your employer lies about your injuries’ being work-related and you can prove they are.
• Your employer is denying benefits you deserve or asking you to return to work earlier than you should.
• There is a third party involved. If you are injured at work and the injury was caused by a third party, such as an outside contractor who ran you over with a vehicle, you can file a lawsuit against that third party.
• If you were fired from a job because you filed for or received workers’ compensation benefits.

While workers’ compensation can provide benefits for your medical care and lost wages, a personal injury lawsuit can provide additional benefits. In a successful lawsuit, our workers’ comp lawyers can win an award, called damages, for both compensatory damages and punitive damages.

1. Compensatory damages include both general and special damages.

• Special damages are for monetary losses that have a specific dollar value, such as medical and rehabilitative expenses, lost work income, and property damage.
• General damages are for losses difficult to quantify, such as past and future pain and suffering.

If a workplace injury results in death, damages for survivors may include potential lifetime earnings of the deceased and loss of companionship.

2. Punitive damages are awarded only rarely. According to O.C.G.A., 51-12-5.1, punitive damages are to punish a defendant in cases where there is “willful misconduct, malice, fraud, wantonness, oppression, or … conscious indifference to consequences.”

In a lawsuit, the amount of your damage awards can vary greatly, depending on circumstances such as the severity and permanence of your injuries and the negligence, insurance coverage, and available assets of the defendants. Our Macon workers’ compensation attorneys will fight for the best settlement possible.

If you have been injured on the job or have lost a loved one in a workplace accident anywhere in the Middle Georgia area, an experienced Macon workers’ compensation lawyer from the Mann Law Firm can help you obtain the workers’ comp benefits that you need and deserve. Contact us today at (478) 742-3381 to schedule a free and confidential initial consultation about your case.

There are a wide range of accidents that can be covered by workers’ compensation. The following are typical of those that result in benefits.

Typical workplace accidents and injuries for which workers’ compensation benefits are paid:

• Muscle, tendon, ligament strains or tears from excessive lifting, pushing, pulling, holding, carrying or throwing
• Injuries caused by bending, climbing, reaching, standing, sitting, slipping or tripping without falling
• Slipping and falling to the floor or ground or from one level to a lower level
• Being struck by an object, such as a tool or piece of equipment or material falling from above
• Being smashed against an object, such as a worker being pushed into a door or wall or piece of machinery
• Being crushed by getting caught in, under or between pieces of machinery, equipment or objects
• Exposure to extreme temperatures (i.e., burns or deep freezes)
• Exposure to toxic chemicals
• Motor vehicle accidents
• Injuries on construction jobs.

It is estimated by the National Safety Council that:

Total days of work lost in 2019 were 105,000,000

• due to injuries in 2019 —— 70,000,000
• due to injuries in prior years ——— 35,000,000
• in future years from 2019 injuries — 55,000,000

The costs of work injuries in 2019 were:

• per worker —— $1,100
• per death—— $1,220,000
• per medically consulted injury —– $42,000

The most common types of injuries that prevent employees from working are sprains, tears and strains; soreness and pain in the back or neck; and cuts, lacerations and punctures.

The top three workplace injury events are overexertion; contact with objects and equipment; and slips, trips and falls.

While you shouldn’t be subjected to intense scrutiny or be required to do an excessive amount of paperwork, here are a few important things to remember after being hurt at work:

• Report all workplace accidents and injuries right away when they happen on the job.
• You must tell your employer if you have been hurt at work. This must be done within 30 days of the date of injury or when you first became aware of the work-related injury or illness.
• You also have the responsibility to inform your doctor about your injury and how it occurred on the job.
• You must accept reasonable medical treatments if ordered by the Georgia State Board of Workers’ Compensation.
• Submit to drug testing after a workplace accident if the employer or workers’ compensation insurance company requires it.
• Make only honest and true statements and claims to receive workers’ comp. You can be convicted of a misdemeanor if you make false or misleading statements to receive workers’ compensation benefits.
• Report change in status to the provider of workers’ comp or your company.

1. Report the injury to your supervisor.
2. Ask to see the panel of physicians from your employer’s insurance company.
3. Select a physician from the panel.
4. If the doctor recommends physical restrictions at work, advise your supervisor about them.

If you have questions about the process or feel you may not be treated fairly, talk to a workers’ comp lawyer on our team. Our experience and knowledge will ensure that your rights and benefits are protected.

Most employers with three or more employees must have coverage. If they do not, employees may be able to file a lawsuit against the company in civil court.

Employers also are required to:

• Post information in a convenient location that employees frequent during regular working hours. The notices should provide the name of the firm’s workers’ compensation carrier and state that workers who are injured have a right to receive medical treatment and benefits. Details about workers’ compensation benefits also should be stated.
• Provide the injured employee with a workers’ compensation claim form within 24 hours of getting notice of the injury or illness.
• Provide each employee with written material about employees’ rights to receive workers’ comp.

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