Workers Compensation
Georgia Workers Compensation & Job Injury Attorney
Helping Injured People with Workers Compensation Throughout Georgia
Many workplace environments can be a dangerous place, which is why the government developed a workers compensation system. Workers Compensation laws provide monetary and medical benefits to any individual who has an injury as a result of an accident, injury or occupational disease on-the-job. Workers Compensation is designed to protect employees and their dependents from the hardships of injury or death arising from their employment. Many accidents involve falls, defective machinery, explosions and employer negligence. Work-related injuries can be severe and result in serious and permanent disability that prevents the injured person from returning to work.
Construction sites are one of the leading causes of employee fatalities in the United States. An estimated 10,000 workers are injured in scaffolding accidents each year and as many as 50 people die in crane accidents every year.
To be eligible for Workers Compensation, you must be an employee.
*This means someone who works for another under a contract of hire and receives a salary or hourly wage.
*You do not have to be employed full-time.
*You do not have to be employed by only one employer.
*A written employment contract is not necessary.
Employees can include an illegal alien, prisoners and minors. While there are some exceptions, most of the time it applies. Longshoremen, harbor workers and defense workers may file either under the state Workers Compensation system or the federal Workers Compensation system, or both.
In order to protect the legal rights an individual injured on-the-job, many complicated legal issues must be considered and addressed. These include compliance with a potentially large number of time deadlines, and carefully maneuvering through the insurance company minefield.
For example, under Georgia law, unless you are certain that your employer or supervisor witnessed your accident, you must notify one of them about your accident within thirty (30) days. If you wait more than thirty (30) days, the notice must be in writing and there must be good reason for the delay. This provision is a legal time deadline or “Statute of Limitations.” Failure to observe this provision may result in the loss of various rights or benefits.
Additionally, under Georgia law a WC-14 form, Notice of Claim, must be filed with the Workers Compensation Board either:
*One year from the date of injury; or
*One year from the date of the last authorized treatment paid for by your employer or its insurer; or
*Two years from the last payment of Workers Compensation income benefits.
Although a Workers Compensation claim may legally be pursued at any time following the filing of the Form 14, long periods of time between treatment and/or disability will weaken a claim, making it harder to keep open.
There are several other time deadlines that may apply to your case. For example, Georgia law provides 20 days to appeal an adverse decision by a judge at the Workers Compensation Board or by the Board itself. Failure to comply with this time period may result in the loss of your legal rights. Consequently, you should either work closely with your attorney or review the Workers Compensation Act and all of the procedures, laws and insurance policies that may be applicable.
Sometimes a claim may also exist against a party other than your employer. If this is the case, generally a two-year time deadline applies in Georgia. It is important to note that shorter time deadlines may apply to other claims. In some situations there are claims that can be made against an employer in addition to a claim for Workers Compensation benefits. If your employer has less than 3 employees, laws other than Workers Compensation may apply. Please note that these examples are under Georgia law.
There are also specific rules regarding various issues including disability payments, returning to work post injury, medical treatment, physician changes, vocational rehabilitation and permanent or partial disability benefits.
Some on-the-job injuries may not be subject to Workers’ Compensation law. Workers Compensation law alone may not be an adequate remedy, particularly in cases of serious and catastrophic injuries. In situations like this, it may be desirable to identify a negligent third party such as a manufacturer of a dangerous or defective product or the maker of an improper safety device.
Complex issues make it difficult to handle a Workers Compensation case on your own. Insurance companies hire trained adjusters and have a staff of lawyers at their everyday disposal. It is important that victims of job-related injuries hire an attorney who can handle the issues and protect their interests.
Carter & Carter, Attorneys at Law have the knowledge and years of experience you need. We have a qualified staff that is ready to fight for you. We tell our clients to concentrate on the important things: getting healthy and returning to your day-to-day life, while we handle the complicated legal issues and deal with the insurance company adjusters and lawyers. We will work hard to protect your interests and get you the compensation you deserve.
Call us now at 229-896-4513 or fill out our Contact Form and we will respond promptly.