Workers’ Compensation In Georgia
Workers’ compensation is a set of laws that was created as a way to compensate employees who become injured or ill at on the job, and to protect their employers from any liability, if there were ever a severe injury on the job. In exchange for employees giving up the right to sue for their pain and suffering, our government created workers’ compensation legislation, which provides prompt access to medical bills and lost wage benefits for injured employees.
While generally seen as a quick and very temporary process, it is possible to receive workers’ compensation benefits even for very long term injuries. These claims are called occupational claims and are they are based on injuries caused by wear and tear on the body over time from repetitive movements, such as the use of a certain tool or using the hands and wrists to type every day for many months or years. Occupational claims can be much more difficult to prove than a specific accident claim because the court will compare the type of activities you do in your daily life to what you do at your job. These cases require the professional assistance of an experienced workers’ compensation attorney in Atlanta, Georgia.
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If there is workers ‘compensation coverage for an employee through a worker’s compensation insurance carrier, then that insurance carrier will pay for all benefits. If the employer is uninsured, then the employer must pay for the benefits directly. If there are not enough funds held within the company, the owner could find himself personally liable for these benefits. This is why it is so imperative that all employers carry the mandated workers’ compensation insurance coverage. If you are owed benefits and your employer is uninsured, contact a qualified Georgia workers’ compensation attorney right away.
You have to be in the course of employment in order for your injury to be eligible for workers’ compensation benefits. Work may not be always be located at the same exact physical place. If you have a job in sales, your place of employment might change on a daily basis when you go out on sales calls. It is not the physical location that matters; it is whether or not the activity you are engaged in falls within the course of your employment. There is a rule in Georgia called the Going and Coming Rule, which states that while you are on your way to work and on your way home, you are not covered by worker’s compensation insurance. Only after you arrive at your workplace will you be within the course of your employment for insurance purposes.
If you’ve been injured or you have become ill within the course of your employment, you could be eligible for workers’ compensation benefits. Your employer is not always looking out for you. Call George C. Creal today for a case evaluation by an Atlanta workers’ compensation attorney.
Is Every Work Injury Covered By Workers’ Compensation Or Are There Limits?
In Georgia, close to all workplace injuries and illnesses are covered by workers’ compensation, including when you are at fault for your own injuries. There are a few types of injuries that are not covered, including:
- Intentional, self-inflicted injuries
- Injuries caused by your own intoxication
- Injuries caused by your own physical attacks or fights with co-workers
- Injuries caused by your own illegal acts
- Injuries caused during your commute to or from work
A worker’s compensation attorney in Atlanta, GA can help you determine whether or not your injury is covered.
Can I Receive Workers’ Compensation Benefits For A Repetitive Use Injury?
If you can prove that an injury is work-related, then you can receive compensation for it. This is true even if it resulted from the repetitive use of a certain body part.
Who Pays For A Workers’ Compensation Insurance Policy?
Employers are legally required to provide a workers’ compensation insurance policy to cover to all of their employees. Unfortunately, some employers do break these laws. If you are injured and learn that your employer does not carry coverage, contact a Georgia work injury attorney right away.
If My Injury Or Illness Was Caused By Another Person At Work, Can I Sue Them Instead Of Using Workers’ Compensation Insurance?
Part of workers’ compensation law states that you are not allowed to sue your employer or your co-workers for a work-related injury or illness. Your only legal option is to file for workers’ compensation benefits to cover all your medical expenses and your lost wages. There can be exceptions to this rule, like if you sustained an injury through a defective product at work or suffered a physical assault by a co-worker. Then, you may be able to sue either the manufacturer of the product or the co-worker in question. An Atlanta, GA personal injury attorney can guide you toward the best route to take in your situation.
What I Have A Pre-Existing Condition That Was Aggravated By Working?
If your injury is not new but is instead a reoccurrence of an old injury, you may not be eligible for workers’ compensation benefits. It is highly recommended that you consult with a workers’ compensation attorney in Atlanta, GA if you are not sure of whether or not your injury is eligible for compensation.
Are Part-Time Workers Covered By Workers’ Compensation Insurance?
All part-time workers are covered by the Workers’ Compensation Act, just as much as full-time workers are. There is a very common misconception that if you are the one-and-only employee who is employed by your employer’s company, then your employer does not have to provide you workers’ compensation coverage. This is simply not true.
What If My Job Requires Me To Travel And I Am Injured In An Auto Accident?
If you are within your scope of employment while traveling, then you are covered by workers’ compensation. This does not, however, include commuting either to work or from work, due to the Going and Coming Rule.
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