Workers’ compensation coverage, or workers’ compensation, was set up to protect injured workers with weekly payments, medical care, and more. However, the insurance companies that provide workers’ compensation don’t always want to pay full compensation for your costs.
John Foy & Associates can provide the legal help you need if you are struggling to get full compensation for a work injury. We understand how stressful it can be to worry about medical bills while also being unable to work. For over 20 years, we have helped injured workers win the money they need to fully recover.
How Workers’ Compensation Works in Ellenwood
From the first day of work, you are eligible for workers’ compensation benefits in Ellenwood. Employers purchase workers’ compensation insurance so that if you get hurt at work, you can get the medical care you need and continue receiving payments as you recover. Here are some things to know about workers’ compensation in Ellenwood.
You Cannot Sue Your Employer
Unlike personal injury claims where you can file a claim or lawsuit against the at-fault party, workers’ compensation does not even consider fault. It doesn’t matter if you, your employer, or someone else caused your injury. If it happened at work, it should be covered by workers’ compensation insurance.
The system is designed this way for a reason. It protects your employer from the risk of being sued after an injury at work, and it protects you by ensuring you receive compensation for your injuries.
At least, these are benefits you should receive. The problem is that sometimes, employers or the insurance company look for ways to reduce your claim. Therefore, many injured workers in Ellenwood turn to a workers’ compensation lawyer for help.
Your Treatment Costs Are Covered
Under workers’ compensation, you should receive compensation for all medical treatment related to your injury. That includes:
- Doctor visits
- Hospital stays
- Medical bills
- Prescription medications
- Physical therapy
- Travel to and from medical-related trips
If you are unable to work for a week or more, you should also receive a temporary regular paycheck. This pay is two-thirds of your normal weekly paycheck (up to $550). If you become permanently injured, you may be able to receive more.
Employers Must Carry Workers’ Compensation
According to the Georgia State Board of Workers’ Compensation, any business with three or more regular employees must carry workers’ compensation insurance. “Regular” means anyone who works for the employer on a regular basis, and that includes part-time employees.
If a business in Georgia is incorporated, it must count any corporate officers as employees under workers’ compensation guidelines. This means almost every business in Georgia must carry coverage.
If you file a claim and your employer says they don’t carry workers’ compensation insurance, it’s likely they are either being untruthful or breaking the law. Contact an Ellenwood workers’ compensation lawyer for help.
Get the strong arm
Report and Document Everything for Your Ellenwood Workers’ Compensation Claim
Workers’ compensation is your right, but don’t trust the insurance company to pay up right away after an injury. Be your own advocate by reporting the injury right away and documenting your expenses:
- Report the injury to your supervisor, the business’s HR department, or the risk-management department. Don’t delay – report that you were injured as soon as possible.
- See a doctor as soon as possible, but make sure it is a provider covered by your workers’ compensation policy. Your employer should give you a list of covered providers.
- Make sure your medical records include all details of your injury. Every injury and body part affected should be mentioned in your history.
This is the part of your claim that’s most in your control. Be detailed and back up your claims, as that will make the process easier for you. Our workers’ compensation attorneys in Ellenwood can help you create your claim to prevent delays and denials, but at least report the injury to your supervisor ASAP.
Injuries Covered by Workers’ Compensation Insurance in Ellenwood
Under workers’ compensation in Ellenwood, all injuries that happen at work are covered. Although injuries are more common in physical jobs like construction, they can happen during any type of work. Some of the most common injuries we see include:
- Broken bones
- Neck and back injuries
- Joint pain
- Hearing loss
- Spinal cord injuries
If your employer makes you feel like your injury isn’t covered, call a workers’ compensation lawyer in Ellenwood immediately. Any work injury should be covered, no matter the job. Employers are responsible for your well-being while you’re working for them.
If they argue that your off-work activities are the real cause of your injury, that’s a matter for your lawyer to argue. Don’t yell at them or get mad, get help instead by contacting one of our workers’ compensation attorneys in Ellenwood.
Filing for Emotional Injuries Under Workers’ Compensation
You must have a physical injury to file a workers’ compensation claim. However, we know emotional damages often go hand-in-hand with physical injuries. If you have emotional trauma that results from a physical injury, it may be covered in your claim.
If you are currently experiencing emotional stress from your job, we encourage you to seek help. It may be possible to get FMLA leave from your employer to handle your mental health before it becomes a physical problem. Speak with your HR department.
Exceptions to Workers’ Compensation Coverage in Ellenwood
In some situations, there is a gray area about what’s covered under workers’ compensation insurance. For example, if you were injured while driving to work in your own vehicle, the injury will likely not be covered because you weren’t yet “on the job.” But once you enter the business’s property, you are covered.
There are cases where you don’t have to be physically on your employer’s property to be covered such as during:
- Off-site work meetings
- Errands you were completing for your employer during work time
- Phone conversations with a supervisor or client
- Paid work travel
- Work-related trips using a company vehicle
If you are not sure whether your situation qualifies, ask to see your employer’s workers’ compensation policy and contact an Ellenwood workers’ compensation attorney.
Should I Worry About Retaliation?
Employers are not allowed to retaliate against an employee that makes a workers’ compensation claim, but it does happen sometimes. They may want to get you off of their insurance or don’t want to deal with accommodation rules.
Our attorneys can also help you if you find yourself in this situation. This is a tricky legal matter that needs an experienced lawyer for advice. We recommend retaining as much evidence of retaliation as you can before you talk with a workers’ compensation attorney in Ellenwood, especially anything in writing.
Always Follow All of Your Doctor’s Instructions
It’s vital to follow your doctor’s instructions after you’ve been examined, especially for weight lifting limits and mobility restrictions. Sometimes a workers’ compensation insurer will hire private investigators to catch you in the act of violating the restrictions.
It’s not unheard of for them to try tricks to get you to respond in a way that breaks your doctor’s advice. One way could be following you to a grocery store and taping how you lift your groceries. Another might be waiting for you to mow the lawn and claiming you did the whole thing.
Insurance adjusters will use every legal tactic they can to lower the amount of money they have to pay you. You’d be surprised what they can come up with. Thanks to our decades of experience, we know what to look for and how to defend you against these claims.
Talk to a Workers’ Compensation Lawyer in Ellenwood for Free
At John Foy & Associates, we believe every injured worker in Ellenwood has a right to workers’ compensation coverage. We also know getting the full benefits you’re entitled to is not always easy. We’re here to help. For over 20 years, we have helped injured workers get the benefits they need as they recover from their injuries.
To schedule a FREE consultation and get connected with an experienced workers’ compensation lawyer in Ellenwood, call us or contact us online. We are available by phone 24 hours a day, seven days a week to help you.
404-400-4000 or complete a Free Case Evaluation form