Getting hurt on the job is a frustrating and painful experience. You will need time to heal and recover, but you also worry that taking time off will mean less pay. Thankfully, most workers in Rex are covered by workers’ compensation insurance through their employer. The problem is that many workers also struggle to get everything they deserve through workers’ comp.
At John Foy & Associates, our Rex workers’ compensation lawyers can help. We understand that you need to be able to continue supporting yourself and your family after a work injury. Many injured workers need the guidance of an experienced lawyer to have a successful claim. That’s how we have been helping our clients for over 20 years.
Get us today at (404) 400-4000 or contact us online and we’ll give you a FREE consultation to discuss the details of your situation. Call now for your FREE consultation.
What It Means to Qualify for Workers Compensation in Rex
In Rex, employers with three or more regular employees must carry workers’ compensation insurance. This includes full-time, part-time, and seasonal employees as long as they are regular. So, most workers in Rex should be covered by workers comp.
To qualify, you must have been employed during the time of your injury, have an employer who carries workers comp insurance, and have sustained your injuries (or an illness) at work or directly as a result of job-related duties. If the injury simply happens on work property but you were not performing work duties, it is still covered.
Workers’ compensation laws in Georgia are typically on the side of the victim after a work accident. However, many workers still run into issues because the insurance company ultimately approves benefits. Insurance companies will look for many ways to pay out less on injury claims, which is why having a workers compensation lawyer to support you is highly recommended.
How Benefits Work Through Workers Compensation
If you are unable to work for more than seven days because of your injuries, you are entitled to weekly income benefits through workers’ compensation. According to the Georgia State Board of Workers Compensation (SBWC), the first benefits check should be mailed to you within 21 days from the first missed workday.
Workers compensation benefits are paid at two-thirds of your average weekly wage, capped at $675 per week. You are entitled to receive benefits for up to 400 weeks.
Weekly benefits for permanent disabilities will depend on the severity and type of injury you have.
What About Catastrophic Injuries?
A catastrophic injury is very severe, often leaves you with permanent, lifelong disabilities, and prevents you from performing gainful work. Its effects on your life are serious and long-term. Examples of common catastrophic work injuries include:
- Multiple bone fractures
- Serious head traumas
- Accidental amputations
- Injuries to the eye, back, shoulder, neck, foot, or brain
- Spinal cord damage
- Organ damage
- Paraplegia or quadriplegia
- And more
If your injuries were catastrophic, you may be eligible for lifetime benefits. If your injury prevents you from working as you did before, workers compensation should help you get a different job or learn to do a new job.
Common Reasons Workers Comp Claims Get Denied
Sometimes, workers get denied workers compensation benefits on their first try. This can be an incredibly frustrating process and leave you worried you’ll have to cover all your costs alone. The good news is that an experienced workers compensation lawyer can help you improve your claim, determine where there may be issues, and communicate with the insurance company if they are causing problems.
Denials can happen due to the actions of your employer or the insurance company, issues with the filing process, or other details surrounding your injuries.
Here are some reasons workers comp claims are often denied:
- The workers’ compensation paperwork was not filed properly or within the statute of limitations for Georgia.
- The insurance company tries to say your injuries did not happen while you were on the clock.
- Your injuries were sustained while under the influence of drugs or alcohol.
- Your employer or the insurance company is claiming you did not follow the medical treatment prescribed by your doctor.
- Your employer is saying your injuries resulted from a pre-existing condition, not work activities.
- The insurance company determines your injuries are not serious enough to prevent you from working.
Without a lawyer, many injured workers find themselves wondering what to do next and if there is still a chance of getting approved for benefits. Thankfully, even after a denial, there is an option to request a hearing.
The best decision is to consult with a workers’ compensation lawyer as soon as possible after your injury and make sure you are on the right track. You will need to file your claim correctly and make sure it is strong enough to demonstrate the severity of your injuries and your costs. Otherwise, you may find it difficult to get approved for the benefits you so desperately need (and deserve).
You Have One Year to File Your Claim
After your work injury, you must file a claim using Form WC-14 with the SBWC within one year of your injury. It’s best to contact a workers’ compensation lawyer right away after your injury so they can begin helping you with your claim immediately.
What Happens After You File for Benefits
In the best-case scenario, you will be approved for the benefits you deserve after filing your claim. However, if you don’t receive benefits, you are able to request a hearing with the Georgia SBWC within 60 days. Your hearing will take place in front of an Administrative Law Judge who decides whether or not you should receive workers comp benefits.
Your workers’ comp lawyer can be invaluable if you need to request a hearing. They can attend the hearing on your behalf and help you prepare for the steps leading up to it. Your employer will likely have their own lawyer during this stage, so it’s best to have a legal professional on your side who can help you present your claim in the best way.
Talk to a Workers’ Compensation Lawyer in Rex for Free
If you were injured at work in Rex, our workers compensation lawyers are here to help you file your workers’ compensation claim and fight for your rights. John Joy & Associates has been helping injured workers for more than 20 years, and we know what it takes to win cases.
To schedule a FREE consultation with one of our experienced and compassionate lawyers today, call (404) 400-4000 or contact us online now.