In Georgia, you must have a physical injury to be eligible for workers' compensation. If you have been hurt on the job you are entitled to medical treatment, physical therapy, medication, necessary travel expenses, or even temporary disability benefit if your doctor should dismiss you from work for the statutory amount of time.
The time to file your case is limited and must be within one year from the date of the accident. If you have received medical treatment it is one year from the last time you received medical treatment paid for by the worker's compensation carrier and it is two years from the date you received a check for worker's compensation.
Remember, you have only 30 days to report your injury to your employer. Call us today to let us help you navigate through this complicated system or if you should have any questions regarding your case.
Common workplace accident injuries include:
Slip and Falls
Back and Neck Injuries
Accidents while working with machinery or tools
Accidents while traveling for business
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What you do if you are injured on the job:
Under Georgia Workers’ Compensation Law an employer is responsible for injuries sustained by an employee if the injuries arise out of and occur within the scope of employment. An employee is not required to prove the employer caused the accident, only that the employee was at work, and engaged in his/her normal duties when the injury occurred.
If you are injured on the job, immediately report the injury to your supervisor and request the “Panel of Physicians” from your employer. The employer shall be responsible for all medical expenses, missed time at work, and permanent disability ratings that result from the work-related injury.
Often insurance companies will “bully” a claimant during a workers’ compensation case. When this begins to happen, it is time to contact an attorney. Call us to discuss your case with you.
How to Calculate Temporary Total Disability (TTD) Payments?
When an employee is injured at work and the injury limits his/her ability to continue working, under Georgia Workers’ Compensation Law, the employer is responsible for weekly payments to the employee. The payments are called temporary total disability payments or TTD for short. Payments commence upon a doctor placing work restrictions on the employee that prohibit the injured employee from continuing to work.
Once placed on restricted work status, an employee is entitled to receive 2/3 of his/her weekly pay, up to a maximum of $675.00 per week. The most common way to determine an employee’s weekly wage is to add the previous 13 weeks of pay together and divide by 13. If an employee has not worked in his/her position for 13 weeks, TTD will be calculated in a different manner.
It is extremely important to maximize the amount an employee receives in weekly TTD payments. Not only will the TTD payments be paid to the employee each week while he/she is out of work, but the weekly amount the employee receives will also be used to calculate future payments to the employee for future missed work and permanent disability ratings. Correctly calculating weekly TTD payments has an enormous effect on the ultimate value of your workers’ compensation case.
What Injured Employees Need to Remember in a Workers’ Compensation Case:
Insurance companies are in the business of minimizing losses and paying the least amount of money that they can on every claim. Most insurance companies are huge corporations that have large legal teams who are ready to challenge your case at every opportunity. These helpful suggestions to remember could make the difference in your claim being approved or denied:
First and foremost, attend all doctor’s appointments.
Be willing to return to work and attempt a light-duty job.
Do not allow long time periods to pass without seeing your doctor.
Consult an attorney.
Maintain constant and consistent contact with your attorney.
Be willing to cooperate with the workers’ compensation process.
In Workers’ Compensation Law, to maximize the value of your case, you must “check the appropriate boxes”, as a workers’ compensation case is a process. Our goal, throughout the process, is to clearly demonstrate the exposure facing the insurance company, in regard to your case.