Rights of Injured Workers in Atlanta, GA
Have You Been Injured On The Job?
It is vital that you know your rights as an injured worker and that you exercise them during this difficult time so you don't take the hit twice. Anyone who is injured at work due to reasons that are beyond their control should not be held responsible to pay for their own medical care or any other damages. Many employers are hesitant to fork out the full amount of workers' compensation benefits that their employee deserves for their injury.
If this is the case with you, then you have the right to fight and go after the restitution that you are legally entitled to. Speak to an Atlanta workers' compensation attorney from the Kaleita Law Firm, LLC, P.C. today learn more about your rights as an injured worker.
What are my rights as an injured worker under Georgia law?
In Georgia, every employer who has more than three workers is required to carry the necessary workers' compensation insurance in case one of their employees was to be injured.
Under that same note, your employer is required to post a list of six different doctors who accept your employee insurance. Once you inform your employer of your injury and you ask about compensation for medical care, your employer must file a formal claim with their insurance provider to be reviewed. Sometimes, however, insurance companies deny these claims in which case you have the right to file a workers' compensation appeal. When you file a denial appeal you will be given a date for a court hearing where you will be given the chance to dispute their denial.
As an injured worker, you have the right to full compensation.
If your employer tries to get you to accept a settlement that is lower than what you deserve, then you should obtain an Atlanta worker's compensation attorney to negotiate the settlement for you. You are not legally obligated to accept their offer or to sign any documents, so take your time and speak with your lawyer before accepting any agreement. If you pay for your medical expenses and any ongoing treatment out of your own pocket, then you could end up in serious financial hardship. Not to mention you may also have experienced a loss of income due to your inability to work.
Catastrophic Injuries vs. Non-Catastrophic Injuries
Workplace injuries can be broken into two categories: catastrophic and non-catastrophic:
- Injuries such as amputations, paralysis, blindness, or major head injuries are all considered to be catastrophic. In cases of this nature, as the employee you are eligible to receive 2/3 of your typically weekly pay (up to $500 a week in benefits) as long as you are unable to work.
- For non-catastrophic injury cases where minor injuries are sustained, you may qualify for 2/3 of your weekly pay ($500 max) as long as you are deemed fully disabled. If they find you are capable of performing your weekly duties, your benefits may be reduced to $334 a week.
In the event that a worker is killed on the job, their family would be eligible for death benefits. They will be given $7,500 for burial expenses, as well as 2/3 of the deceased's average weekly pay.
Can I Be Terminated for Being Injured on the Job?
There are many states in which it is illegal to fire an employee after he or she has been injured while on the job. This is not true in the state of Georgia. In Georgia, employees who miss a lot of work as a result of being injured on the job could be subject to termination. Workers' compensation insurance providers in the state are very stringent on this matter and will often require employers to terminate employees who receive workers' compensation benefits and are unable to return to work, or sometimes even if they are able to return to work.
As an employee you do have rights. An injury you sustain during the performance of your job usually makes you eligible to file a claim and receive compensation for your injuries. An injured worker also has the right to recover loss of income resulting from an inability to perform his or her duties.
The following expenses are all eligible to be paid under Georgia workers' compensation law:
- Hospital or doctor bills
- Physical therapy
- Other treatments designed to help you recover from your injuries and return to work
It is important that you take measures to help guarantee you not only receive the compensation you are rightfully owed, but that you are treated fairly during the process, and that you receive fair compensation if and when the case settles.
If you or a loved one has been injured on the job, and/or you suspect your employer may attempt to terminate you due to your injury, waste no time in contacting our firm and scheduling a meeting with an Atlanta workers' compensation attorney. With an in-depth understanding of workers' compensation law and employee rights, and with more than 24 years in practice, our firm has the knowledge to advocate for your workers' rights in Georgia.
Recovering Compensation for Injured Workers in Atlanta
Need to speak with a work injury lawyer? As the employee it is your responsibility to inform your employer of your injury no later than 30 days after the incident. If your workers' compensation claim is denied, you have the right to fight and appeal the denial in order to retrieve the benefits that are rightfully yours. You need the most experienced workers' comp attorney in Atlanta.
Here atKaleita Law Firm, LLC we have over 30 years of experience helping injured workers throughout Georgia in their efforts to recover compensation. We are dedicated to protecting the rights of injured workers and personal injury victims and we know when to stand and fight. We handle a broad range or work accident cases including catastrophic injuries and our legal team can help you maximize your claim so you get the full settlement you deserve.
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