If you’ve been injured during a work-related event or on a job site, the thought of putting in a worker’s compensation case has probably crossed your mind. Just because you file a claim, though, doesn’t mean a settlement is always guaranteed. That’s one reason why hiring an experienced, professional attorney in Georgia like the ones at Morgan & Morgan is always in your best interest.

They will be able to help your sort out and present your case so that you have the best likelihood of getting the settlement that you deserve to pay for your medical bills, lost wages, and any pain and suffering related to your injury.

Workers’ Compensation Overview

Workers’ compensation is a federal program that protects employees when they have been hurt on the job. This protection is provided through no action on the employee; simply be being hired at a company, they benefit from the worker’s compensation program. These are provided so that you can heal appropriately and then return to work. In the tragic event of a work-related fatality, worker’s compensation settlements can be provided to an employee’s dependents, as well. The workers’ compensation program also benefits the employer, though, as it protects them from any lawsuits brought forward by an employee.

The first thing you should do, if you haven’t already, is to report the incident or injury to your employer. If this isn’t done within 30 days of the occurrence, you might lose your right to file a worker’s compensation claim. If you’re unsure if your company is covered by worker’s comp insurance, you can check at www.SBWC.Georgia.gov. Navigate to “How Do I Verify an Employer’s Worker’s Compensation Insurance Coverage.” Under Georgia state law, if any business has three or more employees (including part-time), they must be covered.

Even if you are brand new to the company and got injured on your first day at work, you are covered. However, if you are a volunteer, an independent contractor, or a customer in a place of business, you are not covered under the workers’ comp law and program. You don’t have to necessarily have been at work, either, when the injury took place, as long as you were doing something to benefit your employer when the accident happened. It needs to have taken place while you were employed and as the result of something you were doing for your job.

If the injury or accident occurred while you were on a break, it typically wouldn’t qualify, unless you were on company property when it happened. Commuting is generally excluded, as well, unless you were in a company car or you were doing required driving doing the workday.

 

General Workers’ Compensation Benefits

If your workers’ compensation claim is granted, you will receive an equivalent weekly amount to two-thirds of your regular wages. This weekly amount must not exceed $675. This is applicable if you have been out of work for more than seven days; your first check should be in the mail within three weeks of your first day of missed work. You can receive these benefits for up to 400 weeks or almost eight years. In the event that your injury was catastrophic and affected your life permanently, you could possibly receive benefits until you die. If you do return to work, though, even at a different or lower-paying job, your benefits could be suspended or reduced.

Any qualifying medical expenses are also covered under an approved workers’ compensation case, which includes doctor and hospital bills, physical therapy appointments, and prescription medications, as well as any travel-related expenses. Depending on the situation, medical and vocational rehab treatments may also be covered. Permanent disabilities qualify for benefits based on the extent of the disability.

If you should be receiving benefits, but don’t, it’s your responsibility to file a claim. This protects your rights for a full year after the accident. This is done through the State Board of Workers’ Compensation with a Form WC-14.

You can do this at:

•  www.SBWC.Georgia.gov
• 1-800-533-0682
• State Board of Workers’ Compensation

270 Peachtree St. NW

Atlanta, GA, 30303-1299

Then, you have the right to schedule a hearing with the Board. This is similar to a court trial, and your claim will be heard by an administrative law judge. Their decision will take into account both the law and the facts set forth by you (or your attorneys) and the side of your employer. This hearing usually takes place within 60 days of filing the form WC-14. You have the right to represent yourself; however, worker’s comp cases are usually best won with an attorney present who can present the claim properly without being emotionally involved.

 

Settling Your Workers’ Compensation Case

In Georgia, employees are most often encouraged to settle their cases. Settling means that your case will be handled quickly and you will get your benefits without the hassle and uncertainty of a trial. However, when you settle (just as in any other type of legal arrangement) your case is then closed for good and the decision is final.

When you settle a workers’ comp claim in Georgia, it can be done with either a liability or a non-liability settlement. Liability settlements resolve claims involving insurance companies. Non-liability settlements, on the other hand, are about whether the employee was truly eligible for benefits in the first place.

Typically, the beneficiary will receive their settlement amount in a lump sum. Sometimes, though, an insurance company agrees to a structured settlement that is paid over time. This is often the case when an injury is life-altering or creates a permanent disability. Depending on the agreement, payments can be made monthly, yearly, or every few years.

When you settle a workers’ comp case in Georgia, you will receive a “full and final” amount. This means that if any future medical problems come up related to your injury, you won’t be able to claim them under the same case. In certain cases, though, insurance companies will agree to settle for a certain portion of your case, such as disability benefits, but they will pay for medical treatment for an ongoing amount of time. This is rare though—if you feel that this would be the best situation for you, having a lawyer on your side is even more important.

Just as in cases that don’t settle, the State Board of Workers’ Compensation is responsible for overseeing all workers’ comp settlements. The process is about the same for both liability and non-liability cases, once the terms are agreed to. Then documents are filed with the board, including:

 

• A detailed summary of the case which explains the terms and conditions of the settlement
• Any appropriate claims forms
• Any and all medical records related to the case and your condition
• Additional relevant information, such as unpaid child support or alimony that wasn’t paid because of lost wages
• The lawyer’s fee agreements and documents

 

Once these are reviewed and approved, the board will move forward with approving the settlement. Until this final approval, you have the right to change your mind and cancel your settlement. Even if you have signed your portion of the paperwork, you can still go back on it if the board hasn’t given their final approval.

Hiring a workers compensation lawyer is smart because they handle cases like yours day in and day out. While this might be your first or only time dealing with a case like this, they see them all the time and know what your case might truly be worth. Having an attorney on your side can mean the difference between a settlement that will cover you for the long haul and, well, ‘settling’ for an amount much, much lower than what you really deserve. Your lawyer will look at the severity of your injuries, your ability to return to work, and if there is any conflicting evidence that needs to be presented in just the right way.

When you receive your settlement check, you might notice that it was lower than what was agreed upon. This is because certain fees will be taken from the check right away for ease of process and streamlining. These include:

• Attorney and filing fees
• Unpaid doctor and/or medical bills
• Unpaid child support and/or alimony
• Medicare funds to cover future expenses (These must be spent before Medicare will cover treatment in the future.)

Just as you have the right to decide against settling at any time, you can go forward with settling at any time (even if you have already begun the process of getting a hearing). This can be difficult to do, though, if you are still in the midst of healing from your injury because you don’t truly know how long your effects will last, if there will be any complications, or when you’ll be able to return to work at full capacity.

 

Call Today For A Free Consultation From An Workers Compensation Attorney at Morgan & Morgan

If you are healing from an injury related to your job, and are worried about lost wages and medical bills, the last thing you need to be stressed about is whether or not you are making the right choice with your workers’ compensation case. Reach out to our experienced professionals at Morgan & Morgan so we can help you decide whether or not to settle, how much your case is worth, and how you should go about claiming your benefits.