What should I do if I am injured on the job?
What should I do if I am injured on the job?
If you are injured while working on the job, you are entitled to workers’ compensation benefits. Your injury may be from an accident for example, you are hurt when you fall. Or your injury may occur over a period of time for example, your job duties require you to use your hands constantly and you develop pain or other problems. Any time you have an injury related to your job, you can receive workers’ compensation benefits.
1. Make sure your employer knows about the injury as soon as possible. It is not enough to mention it to a co-worker. Tell your employer (supervisor) that you were hurt while doing your job and describe your injury. If you fail to report an injury to your employer, you may have problems later receiving benefits.
2. Seek medical help immediately. If the company has a posted panel of doctors, you must choose a doctor from the list. You should look for this list, which is usually a pink or red color, posted on a bulletin board in a break room, near a time clock or on a company bulletin board. It should be posted in a conspicuous place, where it can be easily read. If you do not see a panel of doctors after carefully looking at your job site, you may choose a doctor of your own to treat you. Tell the doctor you were injured on the job and describe what happened. If your problem developed over a period of time, be sure to describe your job duties to the doctor and explain that you started having problems from doing your work. You want the doctor to understand your injury is related to work and not to something you did at home or outside of your job.
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When is it too late to file a workers’ compensation claim?
There are two important time deadlines which should be met in order to protect your right to file a workers’ compensation claim.
1. Your employer (supervisor) should be told or made aware of your injury within 30 days of the date of accident. You are not required to specifically tell your employer that it is a workers’ compensation claim, but you must provide some notice of an injury that happened on the job or is related to work you do on the job. If you have an accident, tell your employer immediately or as soon as possible, even if you think you will be okay. Sometimes symptoms do not show up immediately. If your injury develops over a period of time from repetitive, regular or constant motion performing your job duties, tell the employer as soon as you think the problem could be related to the work you do.
2. A specific written notice (“claim”) must be filed with the State Board of Workers’ Compensation within one year of the date of your injury or your claim may be barred forever. There may be special circumstances when this one year rule does not apply and you can still file a claim. As lawyers, we can advise you if it is possible to file more than one year after the date of your injury based on your particular case.
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Can I be terminated for filing a workers’ compensation claim?
Generally, employers do not terminate you for filing a workers’ compensation claim. An employer is still obligated to provide you with all workers’ compensation benefits allowed by law even if you no longer work at that job. You are entitled to workers’ compensation benefits even if you are fired. Federal law, including the Americans with Disabilities Act, prohibits termination of injured workers under certain conditions and you may have additional legal rights if you were terminated after having an on-the-job injury.
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What benefits do I receive under workers’ compensation?
Georgia workers’ compensation law provides benefits to injured workers. There are two main categories of benefits you may receive after you have a job-related accident or injury: INCOME BENEFITS AND MEDICAL CARE. INCOME BENEFITS: You may be entitled to receive some form of money benefits if you have a job-related injury. There are three types of income benefits under workers’ compensation.
1) Temporary Total Disability (TTD) Benefits: If you are completely off work under the care of an authorized doctor, you are entitled to receive Temporary Total Disability (TTD) income benefits in a maximum amount shown in the chart below. The amount you actually will receive depends on the amount of money you made on your job when you were injured.
|
Date of Accident |
Maximum TTD Benefits |
|
07/01/07 - Present |
$500.00 |
|
07/01/05 - 06/30/07 |
$450.00 |
|
07/01/03 - 06/30/05 |
$425.00 |
|
07/01/01 - 06/30/03 |
$400.00 |
|
07/01/00 - 06/30/01 |
$375.00 |
|
07/01/99 - 06/30/00 |
$350.00 |
|
07/01/97 - 06/30/99 |
$325.00 |
|
07/01/96 - 06/30/97 |
$300.00 |
|
07/01/94 - 06/30/96 |
$275.00 |
|
07/01/92 - 06/30/94 |
$250.00 |
|
07/01/90 - 06/30/92 |
$225.00 |
2) Temporary Partial Disability (TPD) Benefits: If you have been returned to work by the doctor with limitations or restrictions and you are making less money at the job than you were at the time of your injury, you may be entitled to receive Temporary Partial Disability (TPD) income benefits in a maximum amount as shown in the chart below. The amount you actually receive will depend on the amount of money you made on your job at the time of your injury.
|
Date of Accident |
Maximum TPD Benefits |
|
07/01/07 - Present |
$334.00 |
|
07/01/05 - 06/30/07 |
$300.00 |
|
07/01/03 - 06/30/05 |
$284.00 |
|
07/01/01 - 06/30/03 |
$268.00 |
|
07/01/00 - 06/30/01 |
$250.00 |
|
07/01/99 - 06/30/00 |
$233.33 |
|
07/01/97 - 06/30/99 |
$216.67 |
|
07/01/96 - 06/30/97 |
$192.50 |
|
07/01/94 - 06/30/96 |
$192.50 |
|
07/01/92 - 06/30/94 |
$175.00 |
|
07/01/90 - 06/30/92 |
$150.00 | 3) Permanent Partial Disability Benefits (PPD): You may have a permanent impairment from your injury which entitles you to additional benefits. After your doctor determines you have reached maximum medical improvement-that is, the doctor findsyou are as good as you are going to beCit may be determined by the doctor that you have some permanent disability, even if you are able to go back to work. The Georgia workers’ compensation law provides for Permanent Partial Disability (PPD) income benefits for those workers who have a permanent disability.
Often injured workers are not advised of the right to be “rated” by the doctor for any permanent disability. This should be done in every case after you have reached maximum medical improvement. Without a disability rating, you may lose important benefits. You should make sure that a permanent impairment or permanent disability rating is assigned to you within four (4) years of the date that you stopped receiving any other workers’ compensation income benefits (the TTD and the TPD benefits described above). You are entitled to payment of PPD for permanent disability resulting from your injury even if you have gone back to work or are able to return to work.
MEDICAL BENEFITS: You can receive medical benefits for your accident or injury under workers’ compensation while you are receiving income benefits. You can also receive medical benefits even if you do not qualify to receive income benefits. You are entitled to continuing medical care as authorized and prescribed by the treating physician until you have completely recovered and are released from the doctor’s care. Sometimes you will have more than one doctor, depending on the type of injury. Even if you are released by one doctor, you may continue to see the other doctors that are authorized under workers’ compensation. Back to top
What medical benefits do I receive under workers compensation?
Medical care includes:
Payment of doctor bills
Emergency care
Hospital bills
Diagnostic testing or other procedures ordered by your doctor
Consultation with any specialist
Orthopedic devices
Prescription medication
Mileage reimbursement of 40 cents per mile to and from any medical provider
Reimbursement for any parking expenses while receiving medical care
Reimbursement for the actual cost of meals (up to $30.00 per day) during your visits to medical appointments only if at least four (4) hours has elapsed from the time you leave home for the medical appointment and the time you return home from this medical appointment
Physical therapy
Psychological care and treatment
Vocational rehabilitation Other medical care necessary to give you relief, cure your medical problem or help you to get back to work.
Requests for reimbursement of mileage and medical expenses and bills must be submitted within one (1) year of the date of service. As lawyers, we assist our clients in getting bills paid and getting reimbursement for anything you have paid for that is covered under workers’ compensation. Back to top
Will my workers compensation claim be settled?
Sometimes a workers’ compensation claim is settled. A settlement is not automatic but must be agreed to by both the worker and the employer. Neither side can force the other to settle. After an injured worker has received adequate medical care and is “as good as he or she is going” to get a settlement may be in order. There are several considerations that must be taken into account and it is important to understand all of the issues before agreeing to settle your case. A settlement is “forever” and you want to be sure that the settlement is fair. As lawyers, we work with you to settle your case for what it is really worth and not just what the insurance company offers to pay. By representing you, we are likely to get more money for you than you could on your own. As your lawyer, we make you completely aware of everything involved in your settlement so you can make a good decision regarding your workers’ compensation claim. Back to top
How much will an attorney charge to represent me in a workers’ compensation claim?
A fee is paid to an attorney only when the attorney gets benefits for the injured worker that he or she is not already receiving. An attorney receives a fee when a workers’ compensation claim is settled. In every case, attorneys’ fees must be approved by the State Board of Workers’ Compensation. The law requires that a signed Fee Contract be filed with the State Board by an attorney who represents an injured worker. No money is paid to an attorney “up front” or to “consult” If an attorney wins benefits for an injured worker or settles a claim, the maximum fee set by Georgia law is 25% of the amount the worker receives. In some cases, when the insurance company has failed to properly pay benefits to you, they will be ordered to pay “assessed attorney’s fees” to the attorney. As attorneys, we always try to get the insurance company to pay the attorney’s fees when there is a dispute and they have not acted properly under the law. Back to top
Why should I ask Hazleton and Sullivan to represent me in my workers’ compensation claim? The Law Office of Hazleton and Sullivan, LLP devotes its practice solely to the representation of workers who have been injured on the job. We do not represent employers or their insurance companies. We value our clients and understand the difficulties--financial, medical and emotional that is faced by injured workers and their families. We are committed to providing excellent legal services and will do everything necessary to protect your rights and obtain every benefit you are entitled to under Workers’ Compensation law. HAZLETON and SULLIVAN, LLP These are only a few of the questions that come up when someone is injured while performing his or her job duties. There are many concerns that arise after an injury. We understand that every case is different and we can answer your questions based on your particular circumstances. Please call us so we can help you with your workers’ compensation claim. Back to top
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