Filing a Workers Compensation Claim in Georgia
The Georgia attorneys at Nicholson Phillips want you to know the importance of professional advice when filing a workers compensation claim.
What is workers compensation?
In essence, workers compensation was designed to provide medical and disability benefits for injured workers while shielding employers from tort liability. Unfortunately, workers comp cases can be complicated by disputes or when a third party is involved. In these situations, it is particularly important to seek the advice of a qualified attorney who can address the specifics of your claim.
How does workers comp work?
Laws vary from state to state and there are certain procedures that must be followed and restrictions that may apply to your claim. Regulations specify that an employer must be notified immediately after an injury has occurred. A workers compensation claim form must be completed and submitted to the workers compensation insurance carrier and to the state worker’s compensation board. If an employer contests your claim, a hearing will take place to resolve the dispute. At the hearing, a decision is made regarding the type and amount of compensation the employer must pay the employee, if any. Either party may contest these rulings and appeal for a more favorable settlement.
What kind of coverage can I expect?
Under the provisions for Georgia workers compensation laws, employers are required to provide a list of pre-approved physicians that an injured employee may seek treatment from. The employer is required to post this list and to assist an injured employee in obtaining medical treatment. Benefits may be denied if the regulations for obtaining medical treatment are not adhered to.
In general, an injured worker can expect to have all of his medical treatment covered. Payment for specific disabilities, such as loss of a limb, is based on a preset schedule for a specific flat amount and lost wages are determined based on a percentage of pre-injury wages.
Who is covered?
Some people are not covered under workers compensation benefits, such as independent contractors. Individuals not covered by workers compensation may pursue their claims in a personal injury lawsuit. In cases where an employee was injured during horseplay or under the influence of alcohol or drugs, workers compensation benefits are usually denied.
Each injury claim is unique and only a qualified Marietta workers compensation lawyer can evaluate your case against the context of these laws and offer important interpretation regarding your specific circumstances. The laws were designed to protect your rights but it is the interpretation of these laws and their application to your specific situation that will inevitably result in a successful settlement of your claim and comprehensive recovery of your losses.
Contact a skilled lawyer today to help file your workers compensation claim
Contact Nicholson Phillips in Marietta, Georgia at 866-959-3583, or via email, if you need help filing a workers comp claim. We offer free initial consultations for clients in Marietta, Canton, and throughout North Georgia.