Filing a Successful Workers’ Comp Claim Doesn’t Need to Be Difficult
When you pour your heart and soul into a job, it’s devastating to learn that you won’t receive the same support from your employer. And when this lack of support is compounded by painful injuries and crushing medical expenses, you may wonder whether there is any light at the end of the tunnel.
In many ways, workers’ compensation benefits serve as a beacon of hope. This program is designed to help anyone injured on the job to receive compensation for medical expenses, rehabilitation bills, and lost income. In Georgia, workers’ compensation insurance is required for any employer with three or more employees.
So why does receiving the payout you deserve feel much more difficult than it should?
How a Workers’ Comp Lawyer in Warner Robins Can Help You
Employers are responsible for paying workers’ compensation premiums, and when an employee is injured and makes a claim for benefits, those premiums increase. That’s why some less-than-ethical employers will do whatever they can to avoid paying out a claim.
If you believe that you have been wrongly denied after your workers’ compensation claim, it’s time to contact our Warner Robins workers’ comp lawyer. We’ll help you in the following ways:
- Ensuring that all application documents are filled out in an accurate and timely manner
- Investigating the case and gathering evidence that supports your claim
- Keeping track of any related medical documents
- Speaking with insurance providers to negotiate a fair settlement
- Representing and supporting you throughout a potential trial
Know Whether You Are Eligible for Workers’ Compensation Benefits
Of course, not everyone is covered by workers’ compensation, and not all injuries and illnesses apply either. If you’re wondering whether your situation is covered, keep reading.
Below are the eligibility requirements for workers’ comp, according to our Warner Robins workers’ compensation lawyer:
You Must Be an Employee of the Company
If you are a contract worker or freelancer, you may not be eligible for workers’ comp benefits. Instead, you must be a legitimate employee.
However, there have been cases of independent contractors, like Uber drivers, suing for workers’ compensation benefits. If you believe that you deserve coverage, you should speak with our attorney.
Your Employer Must Have Coverage
As we mentioned, not all employers are required to offer workers’ compensation in Georgia. But if your company has more than three employees, the owner should be legally obligated to secure coverage for those workers. This number includes both full-time and part-time employees.
Your Injury or Illness Must Be Related to the Job
This qualification seems as though it should be clear, but you would be surprised at how many gray-area situations we see. Generally speaking, if you become sick or injured while doing work that benefits your employer, you deserve compensation. If you are unsure whether your situation applies, Warner Robins workers’ comp lawyers can help you.
Additionally, you must meet the deadline for applying for workers’ comp benefits. The deadline will depend on the injury, industry, and other details. You can talk with our attorney for more detailed information.
The Two Types of Workers’ Compensation Disability Benefits
Within the world of workers’ compensation coverage, there are two main disability benefit categories to be aware of: temporary and permanent. We’ve broken each category down further in the sections below:
Temporary Disability Benefits
If your injury or illness temporarily disables you from working, you may be eligible for additional disability payments in the short term. In some cases, you may be able to perform partial work and have workers’ comp make up for the income you otherwise would have made.
In other cases, you may be completely unable to perform work until you have recovered. For both situations, workers’ comp disability benefits may offer up to two-thirds of the average weekly salary you were earning at the time of your injury or illness.
Permanent Disability Benefits
If a workplace injury or illness leaves you permanently unable to continue working, workers’ compensation offers permanent disability benefits. In these cases, a doctor must determine that your injury is permanent and that you will be unable to continue working for the next 12 months or longer.
If you are able to continue working but at a lower rate than you were receiving at the time of the injury, you will be assigned a disability rating. To learn more about the rating system and where your injury fits in, get in touch with our Warner Robins workers’ compensation attorney.
Frequently Asked Questions for Our Warner Robins Workers’ Comp Lawyer
Anyone who has ever tried to file a workers’ compensation claim knows that the process can be quite complicated. If your application has been denied or you simply don’t know where to start, turn to Mann Law Firm. Our Warner Robins workers’ comp lawyer, David Mann, has years of experience in this area of law.
To make the process even easier, we’ve answered some of the frequently asked questions we receive about workers’ compensation. After reading, feel free to contact our Warner Robins workers’ compensation attorney with any questions you have remaining.
What does Georgia law say about workers’ compensation?
Any time a business owner has three or more regular employees, the owner is required to pay for workers’ compensation coverage. This applies to both full-time and part-time employees, as long as the positions are regular.
However, there are some exceptions to this rule, according to Georgia Code Section 34-9-2. Railroad workers, farmworkers, independent contractors, and domestic servants are all excepted.
What if my employer doesn’t have coverage?
If your employer is legally required to maintain workers’ compensation coverage and does not, you are well within your rights to file a lawsuit. You may also opt to look into any government programs that apply to your situation. In either case, an attorney can greatly help your efforts and support you through the process.
How do I file a claim?
In Georgia, you have one year from the date of injury to file for workers’ comp benefits. To do so, you must contact the state’s Board of Workers’ Compensation to request a WC-14 form. Submit this form back to the state board and provide your employer with a copy as well.
How long can I expect to receive benefits?
You may be able to receive benefits for up to 400 weeks, depending on the situation. For catastrophic injuries, you may even be eligible for lifetime benefits. As soon as you are able to return to work without restriction or limitation, your benefits will cease.
What happens if I die on the job?
For any workplace death after July 1, 2019, dependents can make a claim for two-thirds of the decedent’s weekly wage before death. The dependent must be a surviving spouse, child, or dependent stepchild to be eligible. Again, our Warner Robins workers’ compensation attorney can further inform you about the details.
Why Call Warner Robins Workers’ Comp Lawyers?
We Have the Experience to Help You!
Our team is here for you as you navigate the complicated and sometimes painful workers’ compensation process. We have years of experience and offer compassionate legal guidance.
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