If you’re a worker in Bainbridge, you should be covered by workers compensation from the first day on the job. It doesn’t matter what type of job you do, how much you’re paid, or who your employer is.
But sometimes, the insurers who approve workers compensation claims aren’t forthcoming with providing benefits. Insurance companies are for-profit businesses, and they will often try to pay out as little as possible.
If you were injured on your job and are pursuing workers compensation, you deserve to get ALL the benefits you’re legally guaranteed. That means you need to speak with a Bainbridge personal injury lawyer who can help you ensure that happens.
At John Foy & Associates, we have more than two decades of experience helping hurt workers get the money they need to cover the costs of their injuries. We know how to strong-arm insurers to fight for the full amount you need to recover. For a FREE consultation with one of our attorneys, call us today at 404-400-4000, or complete the form to the right.
Are All Employers Required to Provide Workers’ Compensation in Bainbridge?
Not all of them, but most. Here are some facts to know about workers compensation:
- Under Georgia law, any company that regularly employs three or more people, including those who are part-time, is legally required to provide workers compensation insurance. This encompasses most employers in Bainbridge
- When a claim is filed for workers compensation, the insurance company that handles the claim pays the injured worker, not the employer themselves
- Your employer cannot penalize you in any way for making a workers compensation claim. It’s in your right as an employee to do so
It’s also surprisingly common for employers who are legally supposed to carry workers compensation to never actually get it. So, if you are injured at work and your employer doesn’t carry workers compensation when they are required to, you can take legal action against them. In this situation, you definitely need a workers compensation lawyer
If you’re an independent contractor, you likely won’t be offered workers compensation. However, certain situations may make you eligible for workers comp benefits through the business who pays you, including if:
- You are given a structured work schedule
- You don’t personally control your working condition
- The way you complete your job is dictated by another company, entity, or individual besides yourself
Sometimes employers will misclassify a worker as an “independent contractor,” even if they are technically an employee, just to avoid paying for their workers’ comp benefits. A workers compensation lawyer can help determine if this is the case.
Does It Matter Whose Fault the Injury Was?
Not at all. The fault is not even considered in a worker compensation claim. Georgia workers compensation operates on a “no-fault” basis, meaning you as an employee are not required to establish the employer or another co-worker was at fault to recover your benefits. If you were injured while doing your job and your employer meets the requirements for carrying workers compensation, you are entitled to their benefits.
This is much different than a Georgia personal injury “at fault” case where fault determines who is responsible for damages. Workers compensation can be much easier to bring a successful claim because you don’t need to spend time and energy on proving someone was to blame for the accident at your place of work. Even if the injury was your fault or you were somewhat responsible for your accident, the worker’s compensation system is meant to protect you regardless of fault.
However, there are a few exceptions to the “no-fault” rule. They boil down to being under the influence of:
- Alcohol
- Marijuana
- Or another controlled substance
If you were on one of these substances when the injury happened, your workers’ comp claim may be denied. But even that may not absolutely prevent you from receiving benefits. If you can prove the accident or injury would have happened even without intoxication, the claim could be approved.
What If I Fell, Or My Injury Wasn’t Caused By My Work — do I Have a Claim?
For an injury to be covered under workers compensation in Bainbridge, the injury must have happened while you were actively engaged in ongoing duties during your job. However, that doesn’t mean injuries have to have happened during the regular nine to five workday. This could also include an accident that occurs while traveling to or from a location as part of your job or during employer-sponsored events on the weekend or outside of normal hours.
If your injury was caused by a slip and fall that happened at work or while performing duties required by your work, you should still be covered under workers compensation.
If your injury was not caused by your work, it may not be covered. However, it’s a good idea to contact a workers compensation lawyer if you aren’t sure. They can examine the situation and determine how and why the injury occurred. Sometimes injuries can happen outside of regular work time, but they still happen as a result of work responsibilities or ongoing duties for your job. Either way, don’t delay getting help with your claim before it’s too late.
If your injury wasn’t in any way related to your work, that would be a personal injury claim and the party whose negligence or carelessness led to your injury would be responsible for your costs and damages.
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Talk to a Bainbridge Workers’ Compensation Lawyer for Free
It’s your right as a worker in Bainbridge to receive workers compensation benefits if you were injured while doing your job—regardless of who was responsible for the injury.
At John Foy & Associates, our workers’ compensation attorneys have spent the last 20+ years helping those who were injured at work get the recovery they need to handle their medical costs and heal from their injuries so they can get back to work. If you were injured at work and need help with your claim, we’re here to assist—starting with a FREE consultation.
To discuss your case and your best options at no cost, give us a call today at 404-400-4000, or complete the form to the right for your free consultation.
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