After an injury at work in Winder, you are likely entitled to benefits through workers’ compensation. It is your legal right as a worker to get benefits that help pay for your medical care and missed work time. However, the insurance company providing workers’ comp may make it difficult to get the benefits you deserve. Contact a trusted Winder personal injury lawyer today for assistance with your claim.
At John Foy & Associates, we have been helping injured workers with their workers’ comp claims for over 20 years. Over the last two decades, we have grown to become one of the biggest and most respected law firms in Georgia. Our goal is getting you the full benefits you deserve after a work accident. Call us today at (404) 400-4000 or contact us online to get started with a FREE consultation.
How Workers’ Compensation Works in Winder, GA
The basic concept of workers’ compensation has been around for a long time. Basically, it’s about protecting workers who become injured on the job.
Workers’ comp was set up to be beneficial for both injured workers and their employers because:
- Unlike personal injury claims where one or more parties are “at fault” for an accident, workers’ comp does not consider fault at all.
- Workers can more easily access benefits without having to process that their employer (or someone else) was negligent in their accident.
- Workers also cannot sue their employer through workers’ comp claims. This protects employers from a lawsuit and avoids a lengthy (and expensive) legal case for both sides.
In the best-case scenarios, a worker files a claim after a work injury and begins receiving benefits soon after the accident. While this is always the goal, it’s often not so straightforward.
Insurance companies are greedy, and they do not like paying out the full value of any claim. You might have trouble getting all the benefits you’re entitled to receive. That’s what workers’ compensation lawyers are for. They can help you file your claim and fight for the legal rights you deserve.
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What You Need to File a Workers’ Compensation Claim
To file a workers’ compensation claim, you will need to have been injured on-the-job or while performing duties for your job. Even if your injury was not directly caused by an action you must do for your job, it is typically still covered if it happened at work.
You may also be covered if your injury happened in situations like:
- Attending an event or meeting for your job
- Working off-site for your job
- Driving or traveling in a company vehicle
- Running an errand that your manager or supervisor requested during work hours
Obviously, your employer must also carry a workers’ compensation insurance policy for you to make a claim. Most employers in Winder are required to carry workers’ compensation.
According to the Georgia State Board of Workers’ Compensation (SBWC), employers with three or more regularly-employed workers must carry a policy. This includes part-time and seasonal workers, so most employers fall under these guidelines.
Unlike a personal injury claim, you do not need to prove fault in your accident.
Filing Your Claim
To actually file your workers’ comp claim, you will need to:
- Report the work injury to your supervisor (the sooner, the better, but you must report it within a month)
- Complete and file a Form WC-14 with the SBWC
- Send a copy of the completed form to your employer and their workers’ comp insurance carrier
Your workers’ compensation lawyer can help you through every step of the filing process. You will also need to file within 30 days from the date of your work accident. Otherwise, you may lose any chance of receiving benefits.
Benefits You Can Receive Through Workers’ Compensation in Winder
The full benefits you will receive through workers’ compensation depends on the nature of your injuries. Workers’ comp typically covers all of your medical costs and a portion of the wages you would have continued receiving if you hadn’t been injured.
Covered medical costs include:
- Doctor bills
- Hospital stays
- Prescription medications
- Physical therapy
- Travel costs for treatment
Depending on your circumstances, you might also be eligible for medical and vocational rehabilitation to help you return to gainful employment. If you sustain a catastrophic injury at work, you are entitled to get help with starting or learning to do another job.
Weekly Income Benefits
You are entitled to weekly benefits if you are unable to work for more than seven days. You are also entitled to benefits for up to 400 weeks (unless you have a catastrophic injury, which may qualify you for up to lifetime benefits). Your first check should be sent out within 21 days from the first day you missed work.
Benefits for Dependents
No one wants to think about the possibility of dying while at work. However, if you are killed as a result of your work injuries, your dependents are entitled to benefits, too. Dependents are your surviving spouse, children, or stepchildren. They may receive two-thirds of your average weekly wage up to $675 per week.
Employers Are Often Supportive in Workers’ Compensation Cases
Many injured workers are worried their employer will be angry or try to fight them on their workers’ comp claim. However, we find that most employers are actually supportive. A good employer will be happy that they have workers’ compensation insurance to provide for their employees after an injury.
You will need to be wary of the insurance company more than your employer. After all, since workers’ comp is a type of insurance, it’s the insurance company that directly pays on your claim—not your employer. Insurance companies routinely take a long time to respond to claims or try to minimize workers’ injuries in an effort to pay out less.
If you are worried about having issues with the workers’ comp insurance company, contact an experienced workers’ compensation lawyer in Winder today. They know how to handle greedy insurance companies and protect workers who may be vulnerable.
Talk to a Workers Compensation Lawyer in Winder for Free
At John Foy & Associates, we have been helping injured workers get the full benefits they need for more than two decades. Let us help you, too, starting with a FREE consultation to discuss the details of your case. To get started with your FREE consultation today or contact us online.