INJURED ON THE JOB IN GEORGIA? HERE ARE THINGS TO CONSIDER
If any employee suffers any kind of injury to his body or property while on the job, it may be a viable workings compensation in Georgia. Employers in Georgia are expected to provide a relatively clean and secure work atmosphere for their workers. Employers often refuse to perform this responsibility, and as a result, workers may be injured or killed. Work-related injuries on the job may range from broken bones to aggravated pre-existing diseases, workplace disabilities, and even neurological disorders.
When a worker has a work-related illness or injury that is covered by workers’ compensation benefits, time is of the essence. Delays in making a workers compensation claim may result in a denial of benefits as well as painful delays in medical treatment.
In most cases, injured employees or workers should notify their employer as soon as possible after suffering a workplace injury. In Georgia, a person has one year in which to make a claim from the date of injury.
What Are Employer Rights Against Parties?
Work-related injuries may have been caused by the negligence of a third party. Depending on the circumstances, these other individuals or organizations may be the designer or manufacturer of a faulty piece of equipment or the truck driver of a delivery vehicle. If you are injured at work due to the actions of another person or company, you will be able to file a lawsuit against that individual or entity, likely in addition to your workers compensation claim.
In most cases, civil claims over work-related injuries caused by third parties other than the employer will be permitted to seek additional personal injury benefits not recoverable in a workers’ compensation claim. Workers’ compensation payments, for example, are usually meant to pay you for your medical costs and unpaid earnings only. Generally, workers are not permitted to claim credit for pain and suffering. With a third-party lawsuit, an injured worker will normally demand restitution for loss and injury, which falls into the definition of “non-economic” damages as well as pain and suffering.
What are workers’ compensation benefits in Georgia?
In general, workers’ compensation in Georgia covers the following benefits:
ü Medical Treatment: including specialist or hospital appointments, laboratory testing (such as MRI, CT scans, ultrasounds, X-rays, and blood tests), surgery, prescription drugs, surgical equipment and prosthetics, continuing treatments, and other expenses.
ü Lost Wages: including past, present, and future earnings.
ü Death Benefits: that includes certain funeral costs as well as a proportion of weekly payments for living dependents
As a worker in Georgia, you may face risks that you would not face in any other job. There are two kinds of injuries that can be covered by workers’ compensation in case of truck driver:
Ø Traumatic Injuries: those suffered from a specific accident or incident.
Ø Occupational Injuries or Illness: Such chronic disease or disorder that worsens by over time.
How to file a workers’ compensation claim following a workplace injury in Georgia:
To inductee the claim process for the worker’s compensation in Georgia, a worker must:
- Inform the employer about the injury or accident or illness occurred due to job which may include type of injury, how injury occurred, date, and time.
- File a Formal Worker’s Compensation Claim.
Following that, the insurance provider will select a doctor to do an impartial medical review of the worker. The doctor will report the findings to the insurance provider, who will use the information to determine its payout package.
The worker’s compensation claims process and statute of limitations differ slightly from state to state. In Georgia the statute of limitations is one year.
When To File a Worker’s Compensation Claim In Georgia:
If any of the following claims are valid, the worker is liable for workers’ compensation benefits in Georgia:
- If the injured worker is an employee of your small business.
- If the employer has workers’ compensation insurance.
- If the worker was hurt as a result of job-related duties.
Workers Compensation Statute of Limitations:
The statutes of limitations for prosecuting workers’ compensation cases differ by jurisdiction. Your workers have a clear deadline to make a lawsuit depending on where they are based. The date can also differ depending on the type of injuries. In California, for example, the statute of limitations for making a workers’ compensation lawsuit is one year from the date of the incident. Georgia is the same.
Workers have deadlines for notifying the employer about injury, illness or accident at the work place. Employees must inform their employers of an accident within such time frames. For most cases, the worker must contact the boss within 30 to 45 days of the incident. Employees in Georgia, for example, who refuse to tell their employer of accidents within 30 days will jeopardize their right to earn workers’ compensation benefits.
Workers can notify employers with a formal letter or email detailing the work injury, or informally, such as mentioning wrist pain caused by typing all day. To be on the safe side, do require an injured employee to send a formal notification of the injury outlining the extent of the ailment as well as where, how, and where it happened.