The Workers’ Compensation Law exists to protect workers and their job security after workplace injuries. The workers’ compensation system is an essential part of the U.S. workforce, and workers should be empowered to know how the system works and what to expect from filing a claim.
Many issues can complicate the already complex workers’ compensation process, including employer retaliation, limited benefits, and filing trouble. The team at Kaufman Law, P.C. is here to help injured employees in Roswell, GA, handle all their workers’ compensation concerns, from filing initial claims to handling appeals and lawsuits against negligent employers.
Filing for Workers’ Compensation: Best Practices
One of the most important aspects of a workers’ compensation claim is when the employee files the claim. As a rule of thumb, injured employees should report their injuries to supervisors immediately to avoid risking any complications with processing a claim. While the law allows a generous window to report an accident, a delay may cast doubt on the truthfulness of a workers’ compensation claim. The state Workers’ Compensation Board will assume that if the injury were severe, surely the employee would have reported it immediately.
All employers in Georgia must carry workers’ compensation insurance, and employers have a legal obligation to process employees’ claims in good faith. When an employee claims workers’ compensation, the employer may see an increase in their premiums for workers’ compensation insurance coverage. Unfortunately, this encourages some employers to take adverse actions against employees who file claims or otherwise hinder the claims process. This is retaliation in the legal world, and an employer who engages in retaliatory actions faces immense legal trouble.
After filing a workers’ compensation claim, the employer must provide the injured employee with a list of doctors in the area approved by the workers’ compensation insurance carrier. The employee must choose from this list of doctors and undergo a medical examination to determine the extent of the employee’s injuries. However, it’s important to note that after sustaining a severe injury, an injured employee may receive emergency medical care from any available doctor. Once the emergency is over, the employee must enter the care of one of the approved doctors on the insurance carrier’s list.
Workers’ Compensation Benefits
Workers’ compensation generally covers an injured employee’s medical expenses and his or her lost wages to an extent. Employees receive up to two-thirds of their average weekly wages, or no more than $575 per week. Benefit payments can continue for up to 400 consecutive weeks or until the employee returns to work. If the employee can only return to a lower-paying position, the employee can receive partial benefit payments of up to $383 per week for up to 350 weeks.
If you have recently filed for worker’s compensation benefits in Roswell, GA, and encountered adverse reactions from your employer, unreasonable delays, or a claim denial, reach out to Kaufman Law, P.C. Our attorneys can help with any aspect of the workers’ compensation system, from filing an initial claim to handling an appeal or filing a lawsuit against an employer. Contact our team in Roswell, GA, today to schedule a free case evaluation and we can let you know your options.