Legallbug's Blog


Dealing With Workers’ Compensation Insurance

If you’ve been injured on the job, you may be able to file a worker comp claim in Atlanta. Georgia Workers Compensation applies to employers that have at least three employees operating in the same business within Georgia. You do not need to prove fault. All you need to prove is you were injured while doing your job.

An interesting aspect of worker compensation in Atlanta is that your employer is required to post somewhere in your workplace a document called a “Panel of Physicians.” This document will have a list of six doctors or facilities. If you seek treatment at one of these doctors or facilities, it will be at your company’s expense. If this list is not posted, your employer will have to pay for a doctor of your choosing.

These are the types of issues that you can explore with an experienced workers comp lawyer in Atlanta.  Worker compensation in Atlanta is a complex, ever-changing web of laws. It’s not easy to navigate through the often confusing rules of worker comp in Atlanta.

If you are injured while working, contact an experienced workers comp lawyer in Atlanta, to assist you in claiming compensation for medical treatment, lost wages and any permanent damage or disfigurement.



Workers Compensation Act both Federal and State

The federal and state Workers Compensation Act, also know as the Federal Employees’ Compensation Act, is the law which governs the payment of compensation benefits to employees for injuries or illnesses which occurred on the job. The act also includes payment of workers compensation to dependents if the injury or illness resulted in the death of the employee. The Office of Workers Compensation Programs (OWCP) operates the Federal Employees’ Compensation Act throughout the United States in local districts.

Employees are qualified for FECA protection no matter how long they have been an employee of their current job or the job position they held. Once medical evidence proves that the employee was injured or ill, to prevent workers compensation fraud, and is incapable of performing their current job due to the injury or illness compensation payouts will start.

Compensation is computed usually at two-thirds of an employee’s monthly income rate if they do not have dependents. If the employee does have dependents, three-fourths of their monthly income rate will be awarded. A dependent can be a wife or husband, an unmarried child, a child who is under eighteen, a college student who has not graduated, or a parent who is dependent on the employee.

Under the Federal Employees’ Compensation Act, any injured employee or the dependents of a deceased employee due to injury on the job is still eligible to receive their health benefits during their time of disability or death compensation. This act also includes a cost of living adjustment for any employee who remains on the compensation benefits for more than one year. Benefits are increased based on the Consumer Price Index on March 1st of each year. This allows for injured employees and their dependents to maintain their lifestyle.

It is important to be aware of the time limits of filing a workers compensation claim under the Federal Employees’ Compensation Act. Within thirty days of an employee’s injury or illness a written report must be submitted to the employer for a claim of disability. Death compensation benefits must be filed within three years of the employee’s death. By not being conscious of the time limits, compensation benefits can be jeopardized.



Common Injuries Resulting in Workers Compensation Claims

Certain jobs are inherently dangerous and can result in catastrophic injury that can be covered under Workers Compensation. Whether you have a fall, are in an explosion, or suffer a broken bone, you can file a workers comp claim. Besides losing your income, if you are injured you may require long-term hospitalization, physical therapy, and follow-up treatment, all of which can be covered by workers comp.

Some of the types of traumatic injuries for which a worker may seek compensation include:

  • Eye injuries
  • Loss of limbs
  • Serious burns
  • Broken bones
  • Traumatic brain injuries
  • Scarring and disfigurement
  • Spinal cord injuries
  • Respiratory injury
  • Other head, neck, or back injury

If you are injured while working, contact a workers compensation attorney to assist you in filing your worker compensation claim. If your worker comp claim has been denied, a skilled worker comp attorney can assist you in challenging the denial.



Common Myths Associated with Workers Compensation Laws

Common Myths Associated with Workers Compensation Laws

Workers’ compensation is an insurance program for workers who are injured on the job.  However, it has many confusing pitfalls that can cause a worker to fail to be covered.  There also are many worrisome misconceptions and myths associated with Atlanta workers compensation including the following.

To collect workers comp, I will need to show my employer was at fault in my accident.

False. You do not have to prove fault by your employer or another employee for you to collect.  All that matters is that you were injured at work.

It is impossible to fight the insurance company’s decision on my case.

Not true. By seeking representation form an experienced worker comp lawyer, you can level the playing field.

I don’t need a lawyer at my hearing. The judge will protect my rights.

The judge in a workers compensation claim will strive to be impartial. This does not mean the judge will protect your interests. The only way to protect you is to retain an experienced workers comp lawyer. The insurance company will have a lawyer, and so should you



What are Workers Compensation Insurance Providers?

Workers Compensation Insurance Providers

Workers compensation insurance providers offer financial assistance to employees who have been injured on the job. The insurance usually covers all medical expenses and provides the injured employee with a percentage of his wages, around two-thirds of the usual monthly pay, until they can return to work if the injury is not permanently disabling. Insurance providers also relieve companies from any financial responsibility that derive from an employee being injured and protect them from being personally sued.

Workers Compensation Insurance Agencies

There are two types of workers compensation insurance agencies; agencies that are ran through the state and independent agencies. Independent workers compensation agencies consist of lawyers and insurance experts that help business owners decide on an insurance plan that is fit for their company. They are more variable than state ran agencies because they have different coverage plans at a variety of prices and in some cases can increase loss wages compensation from two-thirds of the employee’s income to three-fourths or even one-half. A state ran workers compensation agency is maintained by the government and has precise standards that are set by the particular state. They lack the customization that independent agencies can provide but are trustworthy and dependable.

Insurance providers will cover all injuries regardless of who was at fault for the accident. This is due to the fact that workers compensation is a no-fault system, even if the injury was due to the negligence of the disabled employee. It is important to know that insurance providers will not accept workers compensation claims if the injury stemmed from an employee being intoxicated or on drugs, if an employee was committing a criminal act, or if the employee was engaged in a physical fight.

All business owners are highly recommended to have workers compensation insurance. If a company does not have the insurance through the proper insurance provider they are at risk of having legal action taken against them, which can potentially lead to a company going bankrupt if the employee’s injury is severe.

Although a company can become a state certified self-insurer, company owners are advised to purchase insurance though a reliable insurance provider to ensure that they are not jeopardizing their company’s financial standing.