Obtaining workers’ compensation from an employer after sustaining an injury at work can be a challenging process. There’s so much information that the victim must be aware of that it can at times be overwhelming. Fortunately, we’re going to outline some important facts that you should consider when seeking compensation for your workplace injury. It’s always beneficial to stay informed–and it’s even more important to have a trusted team by your side to get you the compensation you deserve. Let’s take a look at some of the facts.
The most common types of injuries in the workplace
An employee is entitled to workers’ compensation following an injury on the job. But what are the most common types of injuries in the workplace? Who is most at risk? According to the US Bureau of Labor Statistics, people who work in natural resources, construction, and maintenance have a higher rate of trunk (torso), hand, and head injuries due to the nature of their work. The USBLS reports that private industry employers reported 2.8 million nonfatal workplace injuries and illnesses in 2019, and the most common type of injury within a private industry context were cases of sprains, strains, or tears; this was followed by cases of soreness or pain, and then cases involving cuts, lacerations, or punctures.
While these injuries represent those most commonly suffered, they do not represent the full scope of workplace injuries. If you’ve sustained a serious workplace injury, such as head trauma or a fracture, it is even more likely to negatively affect your life personally, professionally, and financially.
When you are entitled to workers’ compensation benefits
Many people have questions regarding exactly when they are entitled to receive their workers’ compensation benefits. You are entitled to your benefits if you are unable to work for more than seven days. According to Georgia State Law, “your first check should be mailed to you within 21 days after the first day you missed work. If you miss more than 21 consecutive days, you will be paid for the first week.”
Of course this is how the system should work on paper, but, because of a variety of factors, it’s easy for processes like this to slip through the cracks; no matter your injury or your situation, you have the right to seek compensation.
What to do if you do not receive your benefits
Issues begin to arise when injured workers do not receive their benefits within the set time period. If you do not receive your benefits, you can request a hearing at the State Board of Workers’ Compensation located in Atlanta. While everyone has the right to represent him or herself, it is recommended that you have a lawyer to guide you through this process because, chances are, your employer will have a lawyer by their side. If you have a case where you are entitled to workers compensation, you should reach out to our trusted team at the Law Offices of T Andrew Miller for a free consultation.
Workers’ compensation requirements
In Georgia, an employer is required to provide workers compensation if their company employs more than three people. This includes any regular part-time workers, like employees that only work nights or just on weekends. When it comes to workers compensation claims, no two instances are the same, so it’s important to consider many factors when seeking compensation.
According to Safer America, workers’ compensation covers lost wages and medical expenses, but it does not cover pain or suffering. If your injury at work has caused you pain or suffering, a personal injury claim may be able to provide you with the compensation you deserve.
Mediation
A workers compensation case may require mediation–but what does that mean? Many times, settlements are reached through a negotiation process known as mediation. The focus of mediation is to reach an agreement where all parties involved have their needs addressed. During mediation, the third-party mediators (including your legal representatives) encourage discussion so that your voice can be heard and a satisfactory settlement can be reached.
This process can be challenging and taxing; it is why it is a good idea to stay informed about the facts regarding this matter. At the Law Offices of T Andrew Miller, you can trust us to get you the compensation you deserve and save you from a stressful and burdensome mediation process.
The Matter of Fault
Even if your workplace injury may happen as a result of your own error, the state of Georgia’s workers’ compensation system is a “no fault” system so you may be automatically entitled to benefits. If you were in the process of performing tasks related to your job description on company grounds, you should be covered by workers’ compensation benefits.
But many of these cases have several factors to consider. For instance, if another party (a vendor, contractor, etc.) could bear some responsibility for your injury, you may be entitled to compensation outside of the settlement you receive directly from your employer. For specifics on your particular case, it’s always best to reach out to an experienced legal team so they can provide you with all of the information you need so you can get your life back on track.
Even if you are careful about safety throughout your daily workday, you may still sustain an injury, especially if you are employed in a high-risk industry. In that case, you could file a workers’ compensation claim as a result of a workplace injury. Your employer’s insurance company may not always want to pay you the compensation you are entitled to for a variety of reasons. Still, if you did not do anything wrong, you have the right to receive compensation for your medical expenses and lost wages. You should never pay for something that happened in the course of your daily work, and your employer should have to take responsibility. If you want more information on workers’ compensation claims or have a question about your particular situation, please contact us today. We’re here to help the injured–every step of the way.