Hiram Workers' Comp Lawyer

Workplace injuries can upend your life. The good news is that most employers in Georgia are required to offer workers’ compensation benefits to cover your medical expenses and lost wages while you are unable to work. The bad news is that securing these benefits is often harder than it should be, especially when employers or their insurers deny legitimate claims.

Fortunately, you do not have to navigate the complex claims process alone. The legal team at Sherrod & Bernard, P.C., is here to make sure you secure the compensation you deserve. We will investigate your accident, help you file your claim without delay, and represent you in the event it is denied. Contact us today for a free consultation with an experienced Hiram workers’ compensation lawyer.

Is Every Employer in Georgia Required to Provide Workers’ Compensation?

Georgia law requires all businesses with three or more full- or part-time employees to provide workers’ compensation benefits. Exceptions exist for federal employees, railroad workers, farm laborers, domestic servants, and independent contractors. Eligible employees are covered from the day they start on the job.

What Are Some Workplace Accident-and-Injury Statistics?

According to the Insurance Information Institute (III), there were a total of 1,176,300 workplace injuries in 2020. The top five occupations accounting for these injuries were nursing assistants, registered nurses, large-truck drivers, material movers/loaders, shelf stockers, and order fillers.

Further, according to the National Safety Council (NSC), 36.1 percent of work-related injuries and illnesses in 2020 were caused by exposure to harmful substances and environments. Among other things, this includes exposure to electricity, radiation, noise, temperature extremes, and sudden changes to air/water pressure. Other leading causes include:

What Does Workers’ Compensation Cover?

Workers’ compensation is a “no-fault” kind of insurance. This means that it provides coverage regardless of whether the employer or employee was responsible for the accident. In general, your employer’s insurance should cover:

• Medical expenses – Worker’s compensation covers the cost of medical treatment related to your injury. It should also cover the cost of any medications or special equipment you need in recovery.
• Ongoing or future medical care – Depending on the severity of your injury, you might need months or even years of ongoing medical or rehabilitative care. Workers’ compensation should cover the cost.
• Lost income – If you miss time at work due to your injury or illness, workers’ compensation will cover a portion of your lost wages. Subject to certain time limits, you may be eligible to receive two-thirds of the average weekly wage you received at the time of your injury.
• Death benefits – In the event of fatal workplace injuries, surviving spouses and children may be entitled to the benefits the deceased worker would have received.

Are There Any Deadlines for Filing a Workers’ Compensation Claim?

Yes, there are two important deadlines to keep in mind. The process of filing a workers’ compensation claim is highly bureaucratic, and failure to meet deadlines may disqualify you from workers’ compensation benefits.

• Notice Requirements –You have 30 days to give your employer notice of your accident and injuries. You can satisfy this requirement by notifying your immediate supervisor or the human resources department at your workplace. Though you technically have 30 days to report your injury, the law asks that you give notice “as soon as practicable.” In other words, do not wait.

Further, you should report the injury in writing and keep a copy for your records. Reporting the injury via email, fax, or certified mail provides proof you met the deadline. If you submit your report in person, make sure it is dated and have the recipient sign it to show that it was received.

• Statute of Limitations – You must also comply with the statute of limitations governing workers’ compensation claims. In general, you have one year from the date you were injured to file a workers’ compensation claim with the Georgia State Board of Workers’ Compensation.

However, there are some variations to this rule. For instance, if you are receiving medical treatment paid for by your employer or their insurer, you must file your workers’ compensation claim within one year of the last treatment they paid for. Because the rule and its exceptions can be confusing, it is best to have an attorney make sure important deadlines are not missed.

What Should I Do When Injured on the Job?

If you are injured at work, there are several steps you can take to protect your right to compensation. Take the following basic steps as soon as possible after suffering a workplace injury:

• Seek medical attention– Of course, your well-being is the top priority. Therefore, seek medical attention as needed. Your employer should have a list of pre-approved medical providers posted at your workplace.
• Notify your employer or supervisor– Notify a supervisor or another company representative about the injury as soon as possible. Failure to give notice on time may disqualify you from workers’ compensation benefits. Therefore, it is best to provide notice in writing and keep a copy for your records.
• Identify witnesses– Witnesses to your accident can provide helpful evidence to substantiate your workers’ compensation claim. This kind of evidence is especially helpful if your employer or their insurance provider tries to deny your claim or minimize the severity of your injuries.

What Should I Do If My Workers’ Compensation Claim is Denied?

If your workers’ compensation claim is denied, the first thing you should do is speak to an attorney if you have not already done so. A knowledgeable workers’ compensation attorney can help you navigate the complicated process of appealing your denied claim.

The appeals process begins with a hearing before an administrative law judge. Your hearing should be scheduled within 60 days of submitting your appeal. At the hearing, the judge will consider the evidence you submit contesting your denied claim, as well as evidence submitted by your employer and their insurer.

If the administrative law judge upholds the claim denial, you can submit another appeal to the Board of Worker’s Compensation. You can submit yet another appeal to a superior court, the Court of Appeals, and eventually to the Georgia Supreme Court. Your attorney will be your closest ally throughout this complex process.

Our Hiram Workers’ Compensation Lawyers Can Help

Workers’ compensation has many pros and cons. On the one hand, it can be extremely useful when you are injured on the job. On the other, the process of securing your benefits can be complicated and time-consuming. It can be even more frustrating while also trying to focus on recovering from your injuries.

The attorneys at Sherrod & Bernard, P.C., are here to help. We will make sure that you know your rights, that your claim is properly filed, and that you are not taken advantage of in your hour of need. In the event that your claim is denied or you do not receive the full compensation you deserve, we are ready to fight for you. Call us today for a free consultation.