Workers’ compensation insurance is meant to protect Dallas employees and their families after a work injury. Unfortunately, sometimes these benefits aren’t provided as they should be. If you were hurt at work and now have problems getting the benefits you’re owed, an experienced workers’ compensation lawyer in Dallas can help.
John Foy & Associates has a team of attorneys ready to help you with any workers’ comp issues. We have been representing injured workers for more than 20 years. We know how important these benefits are to you and your family. Our goal is to make sure they work as they’re supposed to—providing the compensation you need to recover as fully as possible.
What to Do If You Were Injured at Work in Dallas
Almost all employers in Dallas offer workers’ compensation benefits. They must purchase a policy that covers you if you get injured at work. When an injured worker files a workers comp claim, the insurer pays it—not the employer.
To actually receive workers comp benefits, you will need to start the process yourself by doing two things:
1. Reporting Your Injury to Your Supervisor
Do this right away, and don’t put it off. If you longer than a month to report that you were hurt, you might lose your chance at benefits.
2. Filing a Workers Compensation Claim
Complete a WC-14 form and file it with the State Board of Workers Compensation. You will also need to send a copy of this completed form to your employer and the insurance company providing their workers comp coverage.
How to Get Treatment for Your Work Injuries
Most employers will have a list of doctors or hospitals they use under their workers’ compensation policy. Make sure you get a list of these names. This is very important. If you see a medical provider who is not recommended by your employer, you may not get reimbursed for your medical costs.
If your accident is life-threatening or an emergency, call 911 instead to get medical attention right away. Then, you can tell your employer what happened. Also, mention to medical personnel that your injury happened at work.
How Workers’ Compensation Benefits are Paid
If your injury is so severe that it prevents you from working, you will be eligible for weekly payments. How much you receive depends on the nature of your injury. Below are the details according to Georgia law.
Temporary Disability Benefits
If your injury keeps you from working for more than seven days, you are eligible for temporary total disability benefits. You can receive two-thirds of the regular weekly pay you were making before your injury.
These benefits cap at $575 per week (as of July 1, 2017). This number may change from year to year. You will receive them until:
- You reach what’s known as “maximum medical improvement”: the point at which your medical condition has improved as much as possible with treatment
- Four hundred weeks have passed
Temporary Partial Disability Benefits
If you are still able to work after your injury but now earning less than before, you will receive two-thirds of the difference between your wage before and after you were injured.
The benefit cap for temporary partial disabilities, as of July 1, 2017, is $383 per week. You can keep receiving these until you either reach maximum medical improvement or 350 weeks have gone by.
Permanent Total Disability Benefits
When you have completed all medical treatment for your injury, your doctor can check you for a permanent disability. Permanent total disabilities are conditions like loss of limbs or both eyes.
If you are found to be totally and permanently disabled, you will keep receiving the temporary disability benefits rate for the rest of your life.
Permanent Partial Disability Benefits
When you are evaluated, your doctor may find you have a permanent partial disability. In this case, you will continue to receive two-thirds of your average weekly wages for a set number of weeks.
The amount of time you receive benefits depends on your injury and how much it disables you. For questions about your specific disability, contact the State Board of Workers Compensation or your lawyer.
Dallas, GA Workers Compensation Laws for Employers
Dallas employers with three or more employees are legally required to carry workers compensation insurance. This includes employees who are full-time, part-time, or seasonal, as long as they are regular. If a business is incorporated, all officers are considered to be employees too.
If a business meets the legal requirements for carrying workers compensation insurance and does not have it, it’s considered a misdemeanor crime. If you are told your employer does not have workers comp coverage, that’s a red flag. Contact a workers’ compensation lawyer who can look into it for you.
Handling a Workers’ Compensation Claim Denial
There are a number of reasons workers compensation claims are denied, including:
- The employer claiming you were negligent in your injury
- Negative performance reviews
- Being ineligible for coverage
- The employer or insurer saying your injury has already healed
You can appeal a workers compensation claim denial within 60 days. At that point, a judge will decide whether to award you benefits or deny your claim. To increase your chances of success and make sure you seek the benefits you deserve, contact a workers’ compensation lawyer for help with the appeal.
Talk to a Workers Compensation Lawyer in Dallas for Free
If you were hurt at work in Dallas, you are likely eligible for workers’ compensation benefits. Don’t get taken advantage of or miss out on what you’re legally entitled to receive. John Foy & Associates can help with your claim and communicate with the insurance carrier on your behalf.
We have been helping injured workers win the money they need for over 20 years. We can help you today, as well—risk-free. To get started with a FREE consultation and discuss the details, call us now at (404) 400-4000.