Atlanta Law Basics: Worker's Compensation for Accidents and Injuries

A lot of workers around the world are faced with one form of danger or the other while on the job. While some are in relatively low risk jobs, others are constantly facing one risk or the other. A compensation plan is something that is put in place to help both the worker and the organization they work for manage such situations.

In the U.S, this is mandatory though the exact details will differ from state to state. We will try to explain the whole thing in more detail but if you wish to find out more about compensation plans for the state of Georgia, you can read this article here.

 

Understanding Workers’ Compensation

This is something like an insurance policy that businesses are mandated to get for their workers. This coverage provides payment for medical care, loss of wages and other such conditions that result directly from an injury sustained while on the job.

This also covers death, in which case the family of the bereaved will receive payments from the employee. In the United States, this aspect of workers’ welfare is overseen at the state level. For example in Georgia, a worker who is unable to work for more than a week following an injury sustained on the job can receive weekly compensation stipend of as much as 2/3 of their weekly pay but not exceeding $575.

For certain injuries, this payment can continue for as long as 400 weeks. This is a Georgia thing and will be different for other states.

The important thing to note about this policy is that while the worker gains some form of benefit to cover for injuries or ill-health that result directly from the job, they also lose their right to sue their employer for any negligence that may have led to the injury.

It is also important to understand that this covers ONLY injuries sustained while on the job. You cannot make claims for other injuries that have nothing to do with the job. For such covers, you should look at a disability insurance policy.

For a full explanation of how this works, read this article: https://www.thebalance.com/about-worker-s-compensation-insurance-2645596.

 

Tips for Getting Full Compensation

There are a number of factors that can come into play when a claim is made by a worker. Insurance companies will never be in a hurry to pay. There will always be the need to check and cross check to ensure that an injury or illness did indeed occur and that it did occur on the job.

This means that making a claim is not always a straight forward thing. While the insurance companies are always on the look out to spot insurance fraud, some employees find themselves unjustly deprived of their rightful compensation.

We mentioned above that this plan removes from the employee the right to sue the employer for negligence. There are however situations where legal proceedings can still be instituted by the worker in spite of the comp plan.

Examples of such situations include: a worker sustaining an injury while doing a job for the employer that is not their primary job. Another situation is when it can be proven that the injury occurred not as a result of negligence but that of intent to harm on the part of the employer.

Because of the possible difficulties that could arise during a claims process, we will share these tips that should help you get full compensation for yourself or anyone you know who may need the help.

 

Report Any Injury Immediately

This is very important. Do not allow too much time elapse before you report your injury to your employer. Be sure to report the injury immediately and make it an official report so there can be a record of it.

 

Get Prompt Medical Attention

Get the injury or sickness attended to immediately. Aside from the fact that this is good for your health, it also helps provide a medical record of the injury or illness.

 

Keep Proper Records

Be sure to keep a proper record of all your communications on the issue. These should include your report of the injury, medical reports, comp claims and anything that has to do with the injury and claim.

 

Choose Your Own Medical Care Giver

You may also seek to switch from the insurer appointed doctor to one of your own. This is important because you may come to the point where your claim depends heavily on the medical report you get. You do not want to get a report from a doctor that is loyal to the insurance company.

 

Seek Legal Help

The right legal counsel can help you navigate whatever murky waters you encounter on the way. There are attorneys like https://ramoslawfirm.com/ that specialize on matters such as these. They understand the challenges you are likely to face and they help you navigate it safely.

Remember we mentioned above that there are some circumstances in which the employee can sue the employer. The right legal counsel will be able to properly guide you in such situations.

Workers’ compensation is your right as a worker. Ensure you do not get short changed by following the tips shared above.

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