Frequently asked questions:
1. My employer says he doesn't have workers compensation insurance. What do I do?
With a few exceptions all employers are subject to the Workers Compensation laws and have to carry coverage or be properly certified with the Board as Self Insured. There are substantial penalties for violation of this requirement. Often an employer will only tell you he has no insurance to prevent an increase in his premiums.
2. I have carpel tunnel and my boss says it is not covered under workers compensation because it wasn't caused by an accident. What do I do?
If it was caused by your employment it is covered. This is called a repetitive trauma condition and it is considered a work related injury WARNING: the deadline for filing this kind of injury ( statute of limitations) is measured from the first date that the condition becomes discernable and not when it is later diagnosed. Be careful and do not suffer in silence without reporting the claim.
3. My employer won't process my claim for a work injury.
First and foremost : If this is a life threatening medical emergency, attempt to seek medical emergency care. You should also contact the Georgia Workers Compensation Board. You may also consider contacting an attorney who is familiar with the workers compensation laws and procedures.
4. My accident was over two years ago. Am I out of luck?
NOT ALWAYS. There are certain rules that apply to extend the Statute of Limitations depending upon certain facts of the case. You should consult an attorney as soon as possible and bring with you all paperwork you have received pertaining to the injury from your employer, the Georgia workers compensation board, your doctors ( bills and records) and any other reports or documents pertaining to the accident, treatment or payments made to you in relation to the injury or disability.
5. What benefits am I entitled to if I get injured?
As a general matter subject to variation based upon the specific facts of the case, The three most common categories of benefits are:
a. Medical care and expenses. The employer is obligated to pay for these and choose the medical care providers. Except for emergencies, you must use only authorized providers. If you do not you could lose the right to receive benefits until you comply. If you disagree with the care furnished you should consult an Attorney
b. Wage Replacement: In Georgia if you are off work while recuperating and in a TEMPORARY condition of DISABILITY which makes you unable to do your current job you would normally be entitled to a weekly payment of 2/3 of your average weekly wages as measured by the 52 weeks immediately preceding the injury or other reasonable average calculation if you have not worked for that long at the employment. This continues until you are deemed able to return to work or attain a state of being at maximum medical improvement. If the Employer offers to provide you with light duty you must take it provided it does not violate your medical restrictions. WORKERS OFTEN LOSE THEIR JOBS OR CERTAIN IMPORTANT RIGHTS AT THIS STAGE OF THEIR RECOVERY. Consult the board or an attorney if you have any questions at all about your rights. MAKE SURE YOU READ ALL BOARD NOTICES AND CORRESPONDENCE FROM THE EMPLOYER OR INSURANCE COMPANY. YOU MAY HAVE A DEADLINE OF AS LITTLE AS 7 DAYS TO RESPOND TO NOTICES THAT WILL PRESERVE CERTAIN RIGHTS THAT MAY BE CRUCIAL TO YOUR CLAIM.
6. Can I get attorney fees as part of my award.
Generally no. The Board has enacted and the law restricts attorneys fees to specific limitations. Currently the fee is $200 plus 20% of the amount recovered for certain benefits and 15% for medical benefits if recovered by the efforts of the attorney. The board reserves oversight on fees. Under certain circumstances, such as where the employer unlawfully fails to provide Workers Compensation insurance, an award of attorney fees can be granted. For practical purposes, these awards are difficult to enforce as such an employer is often in such financial difficulties as to be uncollectible.
7. I was in my company truck during work hours and was hit by a third party. What kind of case do I have?
You have a workers compensation case for your injuries, as well as a personal injury claim against the at-fault party. These cases can be very involved and very complex due to the nature and numbers of parties involved. These cases involve multiple insurance companies all looking out for their best interest, and generally not yours. In a case like this, you definitely should hire an attorney. Many attorneys do not take workers compensation claims but will take your personal injury. This is only addressing one half of the issue.
Shouldn't you call now! 770-955-3000
Serious Injury and Death Need Serious Attention
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Law Office of Russell Keener
Georgia Workers Compensation Lawyer
640 Village Trace
Marietta, GA 30067
Phone: 770-955-3000
Fax: 770-955-3036
Toll Free: 888-544-8364
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