Almost every worker in Fairburn is eligible for workers’ compensation benefits if they become injured on the job. From the first day of employment, this is your right. Workers’ compensation should offer medical care, a regular paycheck, and more if you get hurt at work. Although it’s the law for you to receive these benefits, many injured workers turn to a Fairburn personal injury lawyer if their employer or the insurance company looks for ways to minimize their claim.
Workers’ compensation is not a perfect system. If you experience trouble getting the benefits you legally deserve, the attorneys at John Foy & Associates will fight for your rights. We have been helping injured workers with their claims for over 20 years. To discuss your own case with one of our experienced and compassionate workers comp lawyers, call (404) 400-4000 or contact us online to schedule a FREE consultation.
What to Know about Workers Compensation in Fairburn
Workers compensation, or workers comp for short, was set up with two purposes in mind:
- Making sure injured workers get the care and compensation they need and
- Preventing employers from getting sued if a worker is hurt on the job
To make this happen, almost every employer in Fairburn must carry workers comp. Your employer purchases the policy as a type of accident insurance. In Georgia, benefits from workers’ comp are paid by a private insurance company. In other states, benefits are sometimes paid through a state-run workers comp fund.
Unlike Social Security, no deductions are taken out of your paychecks for workers’ comp benefits. It is simply your right as a regular employee to receive them if you are injured at work.
Workers Compensation Guidelines
The Georgia State Board of Workers’ Compensation, anyone who regularly employs three or more people must carry a worker’s comp policy to provide benefits to those employees. This includes both full- and part-time employees—as long as they are regularly employed.
If a business is incorporated and has officers, those officers count as employees. Up to five officers may waive workers’ comp coverage for themselves. However, they will still count towards the number of employees at which the employer must have workers comp coverage.
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What’s Covered Under Workers’ Compensation
The following is covered under workers compensation coverage in Fairburn:
All treatment for your on-the-job injuries should be covered by workers comp. However, make sure you see a doctor who is authorized under your employer’s policy. Your employer should help you with the process of seeing the right medical care provider. They will do either of the following:
- Give you a list of at least six approved doctors under the policy. You can choose any one of them and can switch once between doctors on the list without your employer’s approval.
- Offer Georgia’s Managed Care Organization (GA MCO) as an option, which lets you choose any medical provider within an established network.
Your employer must have the GA MCO’s “Official Notice” form WC-P3 and the list of approved doctors posted at all times where employees can see.
If you have trouble getting proper medical care from your employer after a work injury, contact a Fairburn workers compensation lawyer right away.
Besides helping you find the right doctor for treatment, workers’ comp benefits should also cover the cost of treating any work injuries. This includes medical bills, tests, surgeries, prescription medications, and physical therapy or rehabilitation.
If a worker dies because of an injury on the job, workers’ compensation benefits are also provided for the worker’s dependents.
If you are unable to work for more than seven days because of your work injury, you are entitled to receive weekly income benefits. These are provided at two-thirds of your average weekly wage, up to $675 per week if you were injured on or after July 1, 2019.
You should receive the first check within 21 days from the first workday you miss. You are entitled to these benefits up to 400 weeks.
If you become permanently or long-term disabled because of your injury, you are eligible for further benefits, depending on the severity and type of disability.
If you suffer a catastrophic injury, which is an injury that prevents you from performing gainful work, you may be entitled to lifetime benefits and help in getting or learning to do a new job.
Workers’ Compensation Versus Personal Injury Claims in Fairburn
Although there are similarities between a workers compensation claim and a personal injury claim, there is a key difference:
- With a personal injury claim, fault determines who pays for damages. Since Georgia is a fault state, the at-fault party would be liable for all costs of the victim’s injuries.
- Workers comp, on the other hand, is a “no-fault” system. You cannot blame your employer for your injuries, and they cannot say you are responsible for the injuries you sustain at work.
You also cannot sue your employer or take them to court in any capacity with a worker’s comp claim. If your injury happened at work—even if it was not directly related to your job duties—it should be covered.
Unfortunately, you are still dealing with the insurance company that provides the worker’s comp policy—and insurers don’t like to pay a lot of insurance claims. The insurer (or your employer) can still try to minimize your injuries and keep you from getting the full benefits you deserve.
This is where a Fairburn workers compensation lawyer can be invaluable. They can make sure your legal rights as an injured worker are upheld.
Talk to a Workers’ Compensation Lawyer in Fairburn for Free
You should not have to pay for the costs of an injury that should be covered under workers’ compensation insurance. At John Foy & Associates, we understand the Georgia workers’ comp system. For over 20 years, we’ve helped ensure injured workers get the benefits they need and deserve.
Call us today to discuss your own case and how we can help you get results—for FREE. Call (404) 400-4000 or contact us online for a FREE consultation with the best lawyer for you.