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Workers’ Compensation2019-02-04T14:11:45+00:00

In the State of Georgia, all employers with more than three workers must carry
workers’ compensation insurance to cover employees who may be injured at work. This legal requirement also removes the need for the injured employee to prove negligence of the employer in order to recover workers’ compensation benefits.

Whenever an employee is injured at work in a compensable workers compensation claim, they are entitled to have their medical expenses paid and to continue to receive up to 66.66% of their weekly earnings subject to a maximum cap of $575.00.

As long as you were injured at work, you are entitled to
compensation. If the injury was caused by the negligence of a third party other than your employer or colleague, an injured worker may be able to file a third-party liability claim against the third party in addition to a workers’ compensation claim.

Whenever an employee is injured at work in a compensable workers compensation claim, they are entitled to have their medical expenses paid and to continue to receive up to 66.66% of their weekly earnings subject to a maximum cap of $575.00.

As long as you were injured at work, you are entitled to
compensation. If the injury was caused by the negligence of a third party other than your employer or colleague, an injured worker may be able to file a third-party liability claim against the third party in addition to a workers’ compensation claim.

Benefits available to you if you are injured at work

Workers’ Compensation Benefits

There are four types of weekly benefits you can receive if you are injured at work. These are further classified into either temporary or permanent benefits depending on the nature and extent of injury suffered.

Temporary Benefits

Temporary Total Disability (TTD) — TTD benefits are weekly income benefits equal to two-thirds of an injured worker’s average weekly earnings immediately prior to the work injury, up to a maximum cap of $575 per week. For injuries that are not catastrophic, an injured worker is entitled to TTD benefits for up to 400 weeks from the date of injury.

Temporary Partial Disability (TPD) — TPD benefits are paid when an injured worker returns to work in a lower-paying job after a work injury. TPD benefits are equal to two-thirds of the difference in the injured worker’s pre-injury wages and post-injury wages, up to a maximum of $384 per week. An injured worker is entitled to TPD benefits for up to 350 weeks from the date of injury.

Permanent Benefits

Permanent Partial Disability (PPD) — This benefit is available in the event your injury results in a permanent disability as assigned by a treating physician. PPD value is determined by a set criteria following your doctor’s assessment of your percentage disability based upon AMA guidelines.

Death Benefits

Death benefits are weekly income benefits equal to two-thirds of a deceased worker’s average weekly earnings immediately prior to the work injury, up to a maximum of $575 per week. These benefits are paid to the deceased worker’s surviving spouse and children. A sum of $7,500 is also available for funeral expenses. In cases where a deceased worker has no dependent children, the total death benefits paid to a surviving spouse are capped at $230,000.

Medical Benefits

When you are injured at work, your workers’ compensation insurance will pay your medical expenses as well as for any rehabilitation and therapy you may require. To qualify for this benefit; however, you must receive this treatment from a physician approved by your employer. This requirement does not apply to emergency medical care.

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Catastrophic Injury

Catastrophic injuries include work injuries resulting in amputations, severe burns, severe paralysiss, blindness, severe head injuries, and other severe injuries that render an injured worker incapable of returning to work.

A worker who suffers a catastrophic injury is entitled to weekly benefits in the amount of two-thirds of his average weekly earnings immediately prior to the work injury, up to a maximum of $575 per week. In catastrophic injury cases, the injured worker is entitled to weekly income benefits and medical treatment for as long as he or she is incapacitated from returning to work.

Workplace Wrongful Death

The Bureau of Labor Statistics estimates that in 2017 there were about 5,147 deaths resulting from accidents at the workplace. This includes 194 casualties in Georgia alone.

While a survivor of a deceased worker cannot bring a typical tort claim against the deceased’s employer, the law entitles a survivor to receive death benefits from the employer’s workers’ compensation carrier.

Survivor Benefits

Survivor benefits are weekly income benefits equal to two-thirds of a deceased worker’s average weekly earnings immediately prior to the work injury, up to a maximum of $575 per week. These benefits are paid to the deceased worker’s surviving spouse and children. A sum of $7,500 is also available for funeral expenses. In cases where a deceased worker has no dependent children, the total death benefits paid to a surviving spouse are capped at $230,000.

Medical Disputes

Injured workers typically find a workers’ compensation attorney to be especially helpful in resolving medical disputes between the injured worker and the insurance company. For instance, many injured workers experience difficulties and delays in getting a workers’ compensation carrier to authorize treatment recommended by the worker’s physician. An experienced workers’ compensation attorney can accelerate this process by advocating for a client’s rights with the insurance carrier directly.

How to make a claim

Injuries at work occur in a variety of ways. Regardless of the manner however is that as long as you were injured at work, your injury is of injury, as long as you were injured at work, your injury will likely be covered by your employer’s workers’ compensation carrier. The following procedure is important to keep in mind if you have suffered an injury at work.

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Immediately Report your Injury to your Supervisor

This is the very first thing you should do after being injured, otherwise your claim may lapse if you do not make this report within a month. You do need to note however that making this report is different from filing a formal claim for compensation.

Select an Approved Doctor from the Employer’s Panel

Remember that your claim will only be successful if you receive treatment from an approved physician

Promptly Complete and File the Formal Claim for Compensation

Contact a Workers’ Compensation Attorney

While the law does not require you to be represented by an attorney, the process of filing and prevailing in a workers compensation claim is statutory and complicated.

When I got into an accident two years ago, the best decision I made was to contact Mr.Evan’s Law firm.Mr Evan went above and beyond in my case to get me the best results.Mr. Evan’s staff are friendly and efficient. I felt informed and secure throughout the whole process.They got the best results for my case and in the event that I need them again, I will not hesitate to contact Mr.Evans for legal services.

G.Del Solar • Atlanta GA

William P. Evans and his paralegal exceed the highest level of legal professionalism. Mr. Evans’ level of honest along with his 30 years of experience gave me the confidence in the most dark and insecure time in my life. Their response to solving my complex problem was most impressive, along with their case and compassion for my quality of life. I highly recommend William P. Evans for legal services.

C. Palmsteen • Tallahassee, FL

Mr. Evans is known for an aggressive, can-do, client-oriented attitude coupled with pragmatic advice and counseling as well as genuine concern for his clients. Mr. Evans was readily accessible to me and was vitally concerned about my welfare.

All of my questions were answered and I was informed of everything related to my case. I am so glad we were successful. Thank you for the help during this tough time.

B. Warnsdorfer • Stockbridge, GA

A mutual associate introduced Mr. Evans and me on January 13, 2010, and since then my life has changed for the better.

A statement that Mr. Evans told me on that day is still very vivid in my mind to this very day is, “after reviewing your case if I did not think that I could win this for you, I would not take it”. Believe me he meant just that!

Mr. Evans will never leave you ill equipped, as he is preparing you for whatever your situation is. Trust me you will be very informed and knowledgeable about your case.

To describe Mr. Evans is to state that he is meticulous, straightforward, and trustworthy.

Ms. Foster is his dedicated and hardworking paralegal. When you call Ms. Foster she always has the time to speak, and if she does not she makes sure that either her or Mr. Evans returns your call in a timely business manner.

The fondest memories of this firm is when I had surgery, when I arrived home two days later a beautiful bouquet of flowers were delivered to my home along with a phone call to check on my status.

I would recommend Mr. Evans to anyone that requires an attorney; he gets the “JOB” done!

Put your trust in Mr. Evans and Ms. Foster, they will not let you down! I am truly proud to call them my family!

A. Jackson • Atlanta, GA

In many instances, workers’ compensation insurers controvert or deny workers’ compensation claims for a variety of legal reasons.

If a workers’ compensation carrier has refused to provide you with workers’ compensation benefits after a work injury, you must file your claim with the Georgia State Board of Workers’ Compensation within one (1) year of your date of injury.

If a claim is not timely filed within one (1) year of the date of injury, the claim may be time-barred and the injured worker may no longer be entitled to medical or income benefits for a work injury.

If you, a friend, or a family member has been seriously injured or killed in an on-the-job injury, please contact us immediately at (404)-841-9400 to preserve your right to compensation and further discuss your legal rights in your workers’ compensation claim.

In many instances, workers’ compensation insurers controvert or deny workers’ compensation claims for a variety of legal reasons.

If a workers’ compensation carrier has refused to provide you with workers’ compensation benefits after a work injury, you must file your claim with the Georgia State Board of Workers’ Compensation within one (1) year of your date of injury.

If a claim is not timely filed within one (1) year of the date of injury, the claim may be time-barred and the injured worker may no longer be entitled to medical or income benefits for a work injury.

If you, a friend, or a family member has been seriously injured or killed in an on-the-job injury, please contact us immediately at (404)-841-9400 to preserve your right to compensation and further discuss your legal rights in your workers’ compensation claim.

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