4 Types of Workers' Comp Claims

4 Types of Workers' Compensation Claims


Type 1 – Medical Treatment Only

The worker is injured and receives medical treatment, but the injury is not serious enough to cause the injured worker to miss any time from work. In many of these situations, the worker can remain at work with the employer once he or she has recovered from the injury.

Type 2 – Medical Treatment with Lost Time from Work

The worker is injured and receives medical treatment, and misses some time from work due to the injury, for which he or she receives weekly income benefits at the rate of 2/3 of his or her average weekly wages. After some period of missed time from work due to the injury, the worker recovers and returns to work. In some such situations, the worker can return to work with the pre-injury employer, but the longer the worker is out from work due to the injury, the more likely it becomes that he or she will be terminated by the employer.

Type 3 – Medical Treatment & Injuries That Prevent Employee from Returning to Their Pre-Injury Job

The worker receives medical treatment, but his or her injuries are severe enough that he or she will not be able to return to the pre-injury job, and he or she may have difficulty finding any job due to the injuries. In these cases, the worker can be eligible to continue receiving weekly benefits at the rate of 2/3 of his or her average weekly wages, with adjustments in some cases, out to a ceiling of either 350 or 400 weeks, depending on whether or not the injured worker is released to any type of light duty work by the treating physicians.

Type 4 – Medical Treatment & Injuries That Prevent the Employee from Returning to Any Type of Work

The worker receives medical treatment, but his or her injuries are severe enough that he or she will not be able to return to any type of work generally available in large numbers in the national economy. These are very severe injuries (ex: severed limbs, blindness, paralysis) or other injuries so catastrophic that the worker will never be able to return to any type of work. For these types of cases, which are the most serious, there is often no ceiling on the number of weeks of income benefits that the injured worker can receive. Such benefits may continue, with adjustments in some cases, for the remainder of the injured workers' life.

Termination By the Employer

In all of these cases, the more time the worker misses from work due to the injury, the more likely it is that the injured worker will be terminated by the employer. This is often required by the Employer's Workers' Compensation insurance carrier. Generally, it is legal to fire an employee for being injured on the job in Georgia. There are exceptions in certain specific circumstances however.

Get the Help You Need from an Atlanta Workers' Comp Lawyer

If you're considering filing a workers' compensation claim, it's worth having an experienced and skillful attorney on your side to guide you through the process and avoid any pitfalls. Our office offers a no-cost evaluation of your case, so reach out to us today to discuss the nature of your claim.

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