FAQS

If you have been hurt at work, your rights are as follows:

• You have the right to file a claim for benefits under workers’ compensation. Your employer cannot discourage you or retaliate against you as a result of your claim or intent to file a claim.
• You have the right to see a doctor and pursue medical treatment at your employer’s expense.
• If you are released to return to work by your doctor, you have the right to return to your job.
• If you cannot work due to your injuries, you have a right to some sort of wage compensation.
• You have a right to be represented by an attorney during the workers’ compensation process.

After you have been injured on your employer’s site, you must notify the company within 30 days. This ensures that your eligibility to file a workers’ comp claim remains intact. Next, the employer should forward your claim to their insurer, which should then begin the payout of benefits.

Your compensation claim may cover the following:

• Medical bills and treatment
• Partial or total disability
• A portion of income lost due to inability to work
• Death benefits for relatives killed on-the-job

Workers’ compensation covers nearly any sort of injury or illness that occurs as a direct result of your employment. Common injuries covered by workers’ comp include:

• Repetitive stress injuries (RSIs) such as carpal tunnel
• Hearing loss from noisy environments
• Slips, trips, and falls
• Injuries from falling objects
• Cuts and lacerations
• On-the-job car accidents
• Muscle strains from lifting

Not all on-the-job injuries are covered by your employer’s workers’ compensation insurance. Common injuries that are typically denied coverage include:

• Injuries suffered while commuting to and from work
• Injuries from horseplay or fighting
• Injuries caused by alcohol or drug use
• Injuries while suffered off-the-clock outside of company premises
• Minor injuries that are remedied through first aid

The best time to hire a workers’ compensation attorney is immediately after you suffer an on-the-job injury. An attorney can guide you through the necessary steps of filing a claim and put you in the best position to navigate the often-complicated workers compensation process and secure the benefits you need, depending on the type and severity of your injury. The longer you wait to get an attorney involved, the more likely you are to encounter difficulty with your claim.

If you do not report your claim within 30 days after you are injured, your claim will be denied. In all circumstances, you should report your claim as soon as it is possible to do so.

Your employer should report your injury to the workers’ compensation insurance carrier as soon as possible, and in no event later than seven (7) days after they become aware of your injury. The insurance company is obligated to send you an informational brochure within three (3) days after receiving notice from your employer. The informational brochure explains your rights and responsibilities under Georgia’s workers’ compensation statute, and provides additional information about the workers’ compensation law, like the important statute of limitations period.

If your employer refuses to live up to its responsibilities, you also have the right to report your injury to the insurance company. If you need assistance determining who the proper carrier is or with how to inform the carrier of your injury, contact us immediately.

The authorized medical provider will provide all necessary medical care, treatment, and prescriptions related to your injury. This can include referrals to other specialists, physical therapy, or other types of treatment. You will be provided with all possible medical treatment to help you recover from your injury or illness.

The short answer is a resounding no! All authorized medical bills should be submitted by the authorized medical provider directly to the employer’s workers’ compensation carrier for payment.

Georgia law does not reimburse you for your first seven days of wages lost to disability, unless the lost time will be longer than 21 days. Other than that, you will be paid a 2/3 percentage of your lost wages, beginning on the eighth day you miss work due to your injury.

In most cases, you will receive a bi-weekly benefit check which will be 66 2/3 percent of your average weekly wage. Your average weekly wage is calculated by using the wages earned 13 weeks prior to your injury, not counting the week in which you were injured. If you worked less than 75% of the preceding 13 week period, a similar employee in the same employment who has worked 75% of the 13-week period will be used to determine the proper amount of compensation.

No, you do not. If you return to work on limited or restricted duty, however, and you are still under the care of an authorized workers’ compensation doctor, you will pay taxes on the wages you earn at work.

Generally speaking, under Georgia law you will receive your first check within three weeks (21 days) of reporting your injury to your employer.

If you are temporarily disabled, the duration for which you can collect workers’ compensation benefits depends on your specific case and the state laws. In Georgia, for example, temporary total disability (TTD) benefits can be received for up to 400 weeks from the date of the injury. However, if you reach maximum medical improvement (MMI) or are able to return to work sooner, the benefits may end earlier. It’s important to consult with a workers’ compensation attorney to understand the specific details of your case.

You may indeed, however, an offset (reduction) in your workers’ compensation check may be applied.

You may not receive reemployment benefits at the same time you are receiving total or partial disability benefits. This is because you must be medically able and available to work to qualify for unemployment benefits. The Reemployment Assistance website can provide you with additional information on this issue.

If you are entitled to workers’ compensation benefits but you are not receiving a check, you should call the insurance carrier as soon as possible, and ask to speak with the insurance claims handler or adjuster. Call the insurance company and ask for the adjuster or claims representative. If you still do not understand why you are no longer receiving checks, you should contact an attorney.

Unfortunately, the answer is no. There is no provision under Georgia law requiring an employer to hold a job open for an injured employee.

It is illegal for an employer to fire you solely because you filed a workers’ compensation claim or are unable to work due to a workplace injury. However, an employer can terminate your employment for reasons unrelated to your injury or claim, such as company downsizing or poor performance. If you believe you were fired in retaliation for seeking workers’ compensation benefits, you may have grounds for legal action. It’s important to consult with a workers’ compensation attorney to understand your rights and options.

Georgia law authorizes complimentary reemployment services to help you return to work after an injury severe enough to prevent you from doing your former job. Reemployment services can be vocational counseling, job seeking skills, job placement, transferable skills analysis, on-the-job training, and even formal retraining. If eligible, the law provides, at no cost to you, reemployment services to help you return to work. Services may include vocational counseling, transferable skills analysis, job-seeking skills, job placement, on-the-job training, and formal retraining.

It is your decision whether to hire an attorney to help you seek workers’ compensation coverage, although it is more advisable that you do so if your claim is difficult or will be or has been denied.

There are several important limitation periods to be aware of, beginning with the first important deadline of a 30 day limit, within which you must inform your employer of your illness or injury. After that, there is a one (1) year period to file a Petition. Once benefits begin to be paid, your claim is tolled (meaning the statute of limitations stops running). Once you receive your last benefits check, however, there is only one year within which to bring a legal action, if necessary.

Settlements can be made under certain circumstances. Any settlement is voluntary, and is not automatic or mandatory. You must exercise great caution if you intend to settle your claim for workers’ compensation, however. If your condition worsens down the road and you require future medical care or surgeries, you will be responsible for your medical needs if a settlement has already been reached. If you are tempted to settle your claim, it might be advisable to seek the advice of a lawyer before so doing.

You could file your Social Security disability claim without a lawyer. However, it can be a difficult and daunting process. And the chances of being initially denied are high.

According to the Disability Benefits Center, “Each year the Social Security Administration (SSA) denies approximately 60 to 70 percent of the initial disability claims that it receives each year.”

The Disability Benefits Center, a legal resource provided by the Better Business Bureau, cites various reasons claims are denied, including:

• Lack of medical evidence
• Claim forms that aren’t completed properly
• Failure to comply with a consultative exam
• The SSA determines your case is too weak
• Missteps in the process due to not seeking legal assistance

They added that “disability claimants represented by an attorney are three times more likely to have your claim for disability benefits approved.”

Additionally, fears over the cost of legal representation may be misplaced, since you are only charged a fee if you win your case.

It can be stressful, but don’t worry.

A dedicated disability attorney can provide crucial assistance when filing a claim for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

If you’re seeking representation by attorneys in Georgia, the team at Shelton Legal Practice can help build your case and act as your professional liaison for your hearing, appeal, or reconsideration. An initial consultation is free. And, in most instances, a fee will only be due if you win your case.

This is how attorneys play a crucial role in your claim filing process.

Communication

The communication benefits of working with an attorney to file your claim are twofold.

• We communicate about your claim for you to the SSA, since attorneys are familiar with the process, we can ensure they have the accurate information they need from day one. This means a lesser chance for your claim to be denied.
• We communicate about your claim with you to ensure you understand the legal filing process each step of the way. We want you to have the right tools at your disposal to win your case.
• Our ability to clearly communicate technical legal details about your claim is important to your success.

Building Your Claim File

When seeking an attorney in Georgia, the earlier the better. While it is still possible to seek legal assistance mid-claim or even after a claim has been denied, you receive the most benefit from going through the entire filing process with representation.

An attorney will work to link your medical records to your claim file in a way that coincides with the rules and regulations of the law. Whereas, if you file independently, establishing this link when building your file will be more difficult.

Claims Are Taken More Seriously

Attorneys have the experience and knowledge of what an administrative law judge may be looking for and what legal issues need to be fleshed out with your case. Without an attorney, you may not recognize when to address these potential issues and jeopardize your claim.

The SSA also tends to take claims more seriously if you have an attorney. This shows you’ve taken steps to ensure that your claim has been thoroughly prepared by legal experts.