Nov 11, 2024
Eligibility Requirements For Workers’ Compensation In Georgia
Nate Hansford
Under Georgia law, workers’ compensation coverage is designed to provide injured workers with a streamlined process of recovering compensation. As such, claims don’t require workers to prove fault because the process is designed to move quickly, without burdening the injured victims with overly involved legal processes. However, there are strict eligibility requirements set by Georgia workers’ compensation law. If the eligibility criteria are not met, the worker may not be able to seek any damages for the suffering.
If you need to file a claim but are not sure if you meet the eligibility, consult our attorney at Hansford McDaniel – workers’ compensation Attorneys. We have the legal expertise in workers’ compensation GA law and extensive experience to help you understand workers’ comp eligibility in Georgia, and guide you through each step of the process.
Georgia Workers’ Compensation Requirements
All employers in Georgia with three or more employees are required to offer workers’ compensation insurance. This requirement ensures that employees have financial protection in case they suffer an on-the-job injury. However, based on Georgia workers’ compensation law, some exceptions might apply to this law based on the industry and other specific factors that apply to the workers’ compensation carrier. A limited liability company may face civil penalties for noncompliance with workers’ compensation regulations in such cases.
Benefits for workers’ compensation in Georgia are available to corporate officers, seasonal employees, and other types of workers.
According to the GA workers’ compensation laws, you can only recover compensation for an injury if it occurred on the job. This means that the employee’s injury needs to have a direct link to their job. The injury does not have to happen at the workplace or office, but you must be doing work-related tasks for your employer during the incident.
For example, if you were on work duty visiting a client, and suffered a slip and fall accident on the client’s property, then that would qualify as a work-related injury. However, if you have a pre-existing condition, such as arthritis, that is unrelated to your job, and you become injured at work, you may not be eligible for workers’ compensation that allows you to reach maximum medical improvement.
Workers’ compensation insurance companies strictly follow Georgia’s workers’ compensation laws and other requirements, such as not awarding compensation for pre-existing conditions. However, if you have a pre-existing condition exacerbated by a work-related task, you may still file a claim to recover compensation.
Another key eligibility requirement is that the injured worker is an employee of the company. Independent contractors or volunteer workers are not eligible to receive compensation through a workers’ comp claim. Seasonal employees or part-time workers are considered employees and are eligible to receive workers’ compensation benefits. Generally, temporary workers are not considered employees. They are covered by the temp agency they work for and not by the firm or company where they are placed. However, seasonal workers are often considered employees.
The Georgia workers’ compensation Act does not apply to farm laborers. In Georgia, farm workers are excluded from workers’ compensation coverage unless specifically covered by their employer.
If you are an employer looking to obtain insurance, you should know that the Georgia State Board of workers’ compensation does not sell workers’ compensation insurance, so you will have to contact an insurance broker.
Lastly, for the injured employee to meet the eligibility criteria based on their workers’ compensation policy, they must report the workplace injury within the time specified by the company’s policies. The maximum time limit to report workplace injuries varies by state.
In Georgia, an employee typically needs to report the injury within 30 days of the injury. Failure to notify the employer within this time may disqualify workers from receiving any workers’ compensation benefits. In cases where the work-related injury develops over time, the employee has 30 days from the date they discovered the injury. For more information on Georgia’s workers’ compensation law, you can contact us.
Types Of Workers’ Compensation Benefits That You Can Receive
In Georgia, injured employees covered under workers’ compensation insurance can receive various types of benefits. This includes compensation for medical treatment such as hospital stays, surgery, medication, diagnostic tests, physical therapy, and any other treatment prescribed by the healthcare provider. However, the injured employee may be required to get treatment by a company-authorized physician. Before you get treatment, check with your employer to ensure that the healthcare provider is within the employer’s approved network of doctors. An authorized treating physician is important to ensure your claim doesn’t get denied.
If the treating doctor has said that you cannot work until you recover from your work-related injuries, then you may also qualify for income benefits. These benefits are designed to provide the injured employee with financial assistance while they recover. Generally, workers’ comp benefits replace a certain percentage of wages. In Georgia, injured employees are typically entitled to receive two-thirds of their average weekly wage in weekly income benefits. However, the weekly benefits are only designed to last a limited time. You can work with a managed care organization to create a customized compensation plan.
In a workers’ compensation claim an administrative law judge may determine that an employee with permanent partial disability is entitled to indemnity benefits. This is particularly relevant when the employee incurs medical costs while transitioning to a lower paying job with the same employer.
Workers’ compensation benefits include temporary partial disability benefits, death benefits, and more. While you can be entitled to various types of workers’ compensation benefits, navigating the system can present several challenges. Your claim could be denied for errors in paperwork, inconsistency in the injury report, failure to prove that injury or condition is work-related, and several other causes.
Another challenge for workers is that they might feel frustrated or stressed by the financial strain during the recovery. The victims may need quick access to financial assistance to get a maximum replacement of income and medical benefits to cover medical bills. However, they have to complete all the procedural requirements to start receiving workers’ compensation benefits.
How Hansford McDaniel – Workers’ Compensation Attorneys Can Help You
The workers’ compensation insurance carrier is responsible for covering medical expenses and wage replacement for employees. However, you have to file a claim to receive workers’ compensation benefits. Even if you are confident that you meet the eligibility criteria to receive workers’ compensation benefits, it is important to consult an experienced workers’ compensation lawyer in Georgia to make sure that you get full and fair compensation for your losses.
Hansford McDaniel – workers’ compensation attorneys helps workers recover the maximum possible compensation for their injuries. After assessing your case, we can guide you on how to proceed with your workers’ compensation claim. To receive medical benefits that you are eligible for under your workers’ comp coverage, you need to file a claim.
It is in the best interest of the workers’ comp insurance company to pay as little as possible for a workers’ compensation claim, so they might employ various tactics to minimize their payout. With an attorney on your side, you can have peace of mind that you won’t fall for any strategies designed to reduce your workers’ compensation benefits or delay your claim.
Our attorneys are well-versed in Georgia workers’ compensation laws and can help you understand the requirements for your case and assist you throughout the process to ensure you receive the workers’ compensation benefits you’re entitled to. We can negotiate with the workers’ compensation insurer to get you compensation for lost wages and medical care. Weekly wage benefits are often included in workers’ compensation settlements.
For all legal matters related to your case, call us to schedule a free consultation with an experienced workers’ compensation attorney. The workers’ compensation statute requires you to initiate legal action within a specified time, so contact us as early as possible.
