You Don’t Always Need Legal Help, But Our Atlanta Workers’ Compensation Attorney Is Just a Phone Call Away if You Do
You may be entitled to workers' compensation benefits if you were injured on the job. Recovery may take a few days, a couple of weeks—or many months—so you don’t want to miss out on valid income or have to shoulder the burden of medical expenses out of pocket. However, you might feel overwhelmed by the process of filing for workers’ comp benefits, especially while trying to regain your health.
The steps you take right after your workplace injury have a direct impact on your eligibility for benefits and the strength of your claim. Let Rechtman & Spevak’s workers’ compensation team walk you through the process and advocate for the rights allowed to you under Georgia law.
Understanding Georgia Workers' Compensation
Workers' compensation is insurance coverage that provides benefits to employees who suffer an injury while performing job-related tasks. The goal of this system is to ensure injured workers receive necessary medical care and financial support without the need for litigation.
In Georgia, most employees qualify for workers' compensation benefits if they’re hurt in their workplace or otherwise on the job. It’s important to keep in mind that fault is generally not a factor in an individual’s eligibility for benefits. This means that even if you were partially to blame for your injury, you might still be entitled to benefits under Georgia's workers' compensation laws.
Workers' Compensation Benefits You Could Be Awarded
If you were hurt while working at your job and need to file a workers' compensation claim, you may be entitled to several types of workers' compensation benefits that cover different aspects of your recovery and financial needs. At Rechtman & Spevak, we assist claimants with outlining specific requests for:
- Medical expenses. You have a right to be reimbursed for all necessary medical treatment related to your injury. For example, your workers' compensation benefits should pay for doctor visits, hospital stays, surgeries, diagnostic tests, physical therapy, medications, and rehabilitation services.
- Wage losses. Under Georgia law, workers' compensation benefits include supplementing a portion of the wages you lose while you’re not working because of your job-related health condition. This typically includes temporary total disability (TTD), temporary partial disability (TPD) benefits, and permanent partial disability payments (PPD). You may receive payments equaling two-thirds of your average weekly pay.
- Vocational training. If you can’t return to your previous position and need to learn new skills to re-enter the workforce, you may be entitled to vocational training to assist you in transitioning to a new job.
- Death benefits. If a loved one tragically died due to a workplace injury, you may be eligible for financial restitution as their dependent. Workers' compensation death benefits can reimburse you for burial and funeral expenses and ongoing financial support for you and your family.
8 Essential Steps to Take When Filing an Atlanta Workers' Compensation Claim
Your employer's workers' compensation insurance company pays benefits. Unfortunately, even if you meet all the eligibility requirements and other rules under Georgia law, the insurer could deny your claim.
It’s crucial to follow the correct course of action when filing your workers' compensation claim to avoid any disputes. The following steps are recommendations from our experienced workers’ compensation legal team to carefully outline how to take care of your health and support your claim with the right facts and documentation. Ultimately, we’ll do all we can to help you ensure a smooth claim process and secure the benefits you deserve.
1. Notify Your Employer About Your Injury
You have 30 days from the date of your injury to report the incident to your employer. If you fail to do so within this timeframe, delays might jeopardize your ability to receive benefits.
While you’re permitted to make a verbal report, we advise writing one instead and keeping a copy of the notice you give them.
2. Seek Immediate Medical Treatment
You should be examined by a doctor at a nearby hospital or an urgent care facility right away. If your employer refuses to authorize this initial treatment, you should still see a medical provider as soon as possible. This is crucial for your health and provides documentation of your injury. Make sure to inform the physician that your condition is work-related.
3. Get an Approved Doctors List
In Georgia, your employer or its workers' compensation insurance company is required to provide you with a list of approved doctors. You must select a doctor from this list for your further treatment to be paid for by this system.
4. Gather Your Documents
Collect all relevant documents to support your claim. Doing so helps you build a strong case and reinforces the ability to defeat the insurance company's arguments if it disputes or denies your claim. Here are some important documents to have ready:
- Notice to your employer. The details of this report—which should include the date, time, any witnesses, and a description of the incident and its circumstances, to name a few—help substantiate a job-related accident.
- Medical records. You should save documentation associated with your health care, including your diagnosis, work restrictions, treatment plan, prognosis, and medical bills.
- Pay stubs. You may need to provide proof of your earnings before the injury so your wage loss benefit rate can properly be calculated. Your pre-accident earnings also include scheduled bonuses and other monetary incentives if you received such payments.
5. File Your Workers' Compensation Claim
If your employer's workers' compensation insurer does not voluntarily begin paying income benefits, you must submit your claim to the Georgia State Board of Workers' Compensation within a year of your accident or within a year of the date of the last medical treatment provided by your employer. This involves completing and filing Form WC-14, which is the official claim form. Make sure to do this as soon as possible to avoid any delays in your benefits. Keep a copy of the completed form for your records.
6. Request Your Employer's Report
After reporting your work accident, your employer and its insurer are required to file an Employer's First Report of Injury (Form WC-1) with the State Board. Request a copy of this report, too, to ensure it accurately reflects the details of your injury and that you understand your employer's position on your claim for workers' compensation benefits.
7. Keep Your Employer Updated
It’s critical to maintain open communication with your employer and its insurer about your medical condition and any changes in your ability to work. Doing this keeps your employer aware of your status, and prepares your supervisors to make any necessary accommodations upon your return to full status or to a light-duty position.
8. Retain a Skilled Workers’ Compensation Attorney at Rechtman & Spevak
We list this as the final step, but you might actually have to act on it more quickly should you encounter any challenges to your claim or aren’t in the condition to go through the process yourself. Here are the many ways our skilled workers' compensation legal team provides valuable assistance:
- Explain your rights. Our lawyer outlines the workers' compensation laws and rules, the benefits you should receive, and how we can protect your interests.
- Gather evidence. We’ll also help you collect and preserve evidence to support your claim. This includes obtaining medical records, witness statements, expert witnesses, pay stubs, and other documentation that proves your injury, your income benefit rate, and the incident’s impact on your ability to work.
- File your claim. A proper workers’ compensation claim involves detailed paperwork and strict deadlines. We’ll make certain all required forms are filed properly and timely so that you receive the benefits you are entitled to as soon as possible.
- Help you obtain medical care. Our team will help streamline communication with the insurance company regarding your treatment with approved medical providers throughout the life of your claim.
- Represent you at hearings. If your employer’s insurer disputes or denies your claim, you may need to attend hearings before an administrative law judge at the State Board. Our experienced workers' compensation lawyer will stand up for you at a hearing, present your case, and advocate for your rights.
So while you might not always need a lawyer’s help to pursue workers’ compensation benefits, in many cases, trusting us to handle this process for you helps to maximize your settlement and secure a better financial future.