While certain professions see more injuries and deaths than others due to the nature of the work environment, injuries can happen in any line of work. Fortunately, workers’ compensation benefits may be available to those who qualify. If you are approved for workers’ comp, you may be able to ease some of your financial burdens and stay afloat until you can get back to work and continue providing for yourself and your family.
Unfortunately, accessing the benefits you are entitled to could prove more difficult than expected, particularly when the insurance company or employer pushes back. You do not need to fight for your rights alone when you have Joel Thrift Law, LLC supporting you. Contact our workers’ comp lawyers today to request a free consultation. When you do, we can discuss whether you meet the criteria for workers’ compensation benefits or personal injury damages, how to handle the insurance company if your claim is denied, and what your next steps should be.
Certain Lines of Work Are Known for Being Dangerous
No matter what you do for a living, the risk of injury means you could be entitled to workers’ compensation benefits. However, certain industries are known for being more dangerous than others. In fact, according to the US Bureau of Labor Statistics (BLS), the following industries have the greatest number of occupational injuries and illnesses:
- Material moving and transportation
- Healthcare
- Service
- Manufacturing and production
- Repair, maintenance, and installation
- Construction and extraction
- Sales
- Administrative support and office work
- Finance, business, and management
- Media and arts
- Community service
- Forestry, fishing, and farming
- Education
- Legal
- Science and engineering
While some industries may be inherently more dangerous due to their use of heavy equipment, machinery, and logistics, even people who work in offices, sales, and other non-laborious industries have the potential to suffer work-related injuries. Your workers’ comp lawyer with Joel Thrift Law, LLC, will need to conduct an intensive investigation into the cause of your injuries. We will need to carefully review the specific details of your case to determine whether you will qualify for workers’ compensation and identify any potential roadblocks that may hold you back from the benefits you deserve.
Work Accidents Can Cause Life-Threatening Injuries and Severe Losses
Our workers’ comp attorneys have seen a wide variety of injuries caused by on-the-job accidents. We have also seen a significant number of occupational illnesses that left people with permanent disabilities and ailments that continue to permanently affect their lives. Some of the most common injuries our clients have reported include:
- Traumatic brain injuries
- Facial trauma
- Loss of limbs
- Eye injuries
- Hearing loss
- Overexertion
- Heat stroke
- Mesothelioma
- Respiratory conditions
- Spinal cord injuries
- Post-traumatic stress disorder (PTSD)
- Dental injuries
- Disfigurement
- Permanent disability
- Organ failure
- Broken and fractured bones
- Internal injuries
- Septic shock
- Lacerations and contusions
No matter what type of injury you have sustained, if you need to take any amount of time off of work to heal or are suffering from a catastrophic injury that will require significant medical intervention and continued care, workers’ compensation benefits may offer the financial support you need when you need it most. We will work closely with your healthcare providers to ensure we understand your prognosis and that your future medical treatments are taken into consideration. While you generally can collect workers’ compensation benefits until your injuries resolve and you can return to work, there is a maximum number of weeks allowable for most injuries according to Title 34 of the Georgia Code, which may require you to prepare to convert your workers’ compensation benefits to disability benefits at a later date.
You May Be Eligible for Workers’ Compensation Benefits
Not everyone injured in a work-related accident will meet the eligibility requirements for workers’ compensation in Sandy Springs. Not every employer is required to provide their employees with workers’ compensation protection coverage either. Even if you think you qualify, it is important to review the specific circumstances of your case with a reputable workers’ comp attorney who can offer legal advice you can rely on.
Georgia Workers’ Comp Laws
According to the Georgia State Board of Workers’ Compensation, any employer that has more than three employees is required to purchase workers’ compensation coverage. This coverage is designed to protect employees who are involved in work-related accidents. Your employee status will determine whether you qualify, as you must be considered a company employee to collect benefits through the company’s workers’ comp insurance provider. The following types of workers may be eligible:
- Temporary employees
- Full-time employees
- Seasonal employees
- Part-time employees
If you work as an independent contractor and have purchased your own workers’ comp protection coverage, you may be able to file a claim against your workers’ comp insurance policy. However, if you are not considered an employee, you may not qualify for workers’ comp benefits through your clients. This is one of the legal details that can be difficult to understand, so be sure to consult with our work injury lawyers to find out how your status could impact your application.
Eligibility Requirements and Disqualifications
Your employee status is not the only criteria that must be met for workers’ comp approval. Your work injury lawyer will also need to provide evidence that demonstrates that your injuries occurred within the scope of your employment. For example, if you were on your way to the printing office and slipped on some loose carpeting, breaking your leg, you may qualify for workers’ compensation benefits according to the Georgia Board of Workers’ Compensation.
However, if you were involved in a car accident on the way home from work after clocking out, workers’ compensation coverage would not typically be active at this time. There are also situations in which you could be disqualified from workers’ comp. Some examples of these situations could include:
- Engaging in horseplay at work
- Self-inflicting injuries
- Being under the influence of drugs or alcohol at the time of the accident
- Missing claim filing deadlines
- Violating your employer’s code of conduct
- Being unable to tie your injury or illness to your work environment
Types of Workers’ Compensation Benefits You Could Collect
If you are approved for workers’ compensation benefits, there are a variety of ways these benefits can manifest. Our work injury attorneys will be by your side to ensure you have access to the benefits you are entitled to. It is important to remember that workers’ compensation benefits will not ensure you are fully repaid for every loss that has affected your life.
However, they can offer the financial support you need when you need it most. You may be able to use your workers’ compensation benefits to cover outstanding debts and ease some of the financial burdens associated with your injuries. Remember, not everyone will qualify for all types of workers’ compensation benefits. Our work injury attorneys will ensure you are educated and informed, recognizing the benefits that you qualify for.
Wage Replacement Benefits
Wage replacement benefits are also known as disability benefits. They describe the financial support you will receive each week after suffering an on-the-job injury. Generally, injury victims are entitled to as much as 2/3 of their average weekly salary.
However, according to the Summary of Workers’ Compensation Provisions, there is a cap on the maximum amount any injury victim can receive for wage replacement disability benefits. As of 2023, the cap is set at $800. You can rely on your work injury attorney to help you prepare your workers’ comp application and gather the evidence needed to prove you are entitled to the maximum amount allowable based on your average weekly income and the severity of your injuries.
Coverage of Your Healthcare Costs
You should not have to pay even one penny of your medical expenses if your claim for workers’ compensation benefits is approved. Your employer’s workers’ comp insurance provider will be responsible for paying for every medical expense and healthcare cost related to your injuries. This includes medical treatment, care, and the costs of any medical expenses that may be necessary if your injury worsens, your condition deteriorates or is exacerbated in the future.
Vocational Rehabilitation
Vocational rehabilitation benefits are a great option for anyone who is dealing with injuries that will prevent them from being able to go back to work. Your workers’ compensation lawyer will need to show that your current industry or position is ill-suited, given the extent of your injuries and any limitations you may have. Vocational rehabilitation benefits provide financial support so you can obtain further job training or go back to school so you can re-enter the workforce and continue supporting yourself and your family.
Death Benefits
Our workers’ compensation attorneys are also standing by to help the surviving family members of those who lost someone to a fatal work injury. Your workers’ compensation attorney can help you collect coverage for the decedent’s funeral and burial costs and medical expenses. As of 2023, the most families can expect to collect for funeral and burial expenses is $7,500 according to the Summary of Workers’ Compensation Provisions.
Qualifying surviving family members are also eligible for wage replacement benefits. Your workers’ compensation attorney can help you ensure your children have access to the disability benefits they are entitled to for the maximum amount of time death benefits can be paid out, which is $320,000 as of 2023.
Sandy Springs Workers’ Compensation FAQ
Work injuries can be challenging to overcome. However, being unsure of what the future holds after suffering a work-related injury can be downright terrifying. We aim to help you feel empowered to take control of your life.
For this reason, we have crafted this brief FAQ below discussing workers’ compensation benefits in Sandy Springs. If you have additional questions we do not cover here, do not hesitate. Connect with our personal injury law firm to request a free consultation so we can further discuss the individual details of your case.
Is There a Time Limit To File a Workers’ Compensation Case in Sandy Springs?
Yes, you have only one year from the date of the accident to file your claim for workers’ compensation benefits according to Georgia Code § 34-9-82. You also have an obligation to report your accident to your employer within 30 days of the incident under Georgia Code § 34-9-80. Failure to meet these deadlines could give the insurance company just cause to deny you the workers’ compensation benefits you might have otherwise been entitled to.
Can You Collect Workers’ Compensation and Sue Your Employer in GA?
In most cases, when you are collecting workers’ compensation benefits you forfeit your right to sue your employer according to Georgia Code § 34-9-11. However, if someone other than your employer is found responsible for causing the accident, you may have the right to file a third-party liability claim against them. These laws can be complex, so be sure to discuss your potential legal options with a knowledgeable workers’ compensation lawyer in Sandy Springs from Joel Thrift Law, LLC.
How Long Does It Take To Settle a Workers’ Comp Case in Georgia?
Some workers’ compensation cases can be resolved in a matter of weeks. Others take months or even years to settle. The amount of time it takes to resolve your workers’ compensation claim in Georgia will depend on the severity of your injuries, how the accident occurred, your eligibility status, and whether the insurance company denies your initial application and requires an appeal.
Turn to a Trial-Tested Workers’ Compensation Law Firm in Sandy Springs You Can Trust
While you may meet the criteria for workers’ compensation approval, there is no guarantee that the insurance company will approve your application without putting up a fight. Fortunately, you have a dedicated legal advocate by your side who is ready to demand that the insurer be held accountable for their financial responsibilities. Our workers’ compensation lawyers with Joel Thrift Law, LLC will do everything possible to get your application swiftly approved and represent you throughout the appeals process so you can start to move forward with your life.
You do not need to accept the insurance company’s denial and absorb the financial losses associated with your on-the-job injury. You can make the insurance company pay or potentially pursue a personal injury lawsuit if your employer was required to carry workers’ comp but failed to do so. Explore your legal options further when you contact our office by phone or through our secured contact form to request a 100% free consultation.