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Understanding Federal and State Workers’ Compensation Differences for Georgia

When filing a claim, understanding the difference between federal and state workers compensation laws can lessen your confusion and aggravation in determining your options for receiving a compensation settlement. If you suffered an injury at work and are being hit with mounting medical bills and a loss of a paycheck, it may make it nearly impossible to cover your household expenses. The financial impact can be unbearable for both full-time employees and part-time employees. The purpose of Workers Compensation Insurance is to provide employees with benefits and monetary compensation if an unforeseen injury or occupational illness occurs while on-the-job. Compensation coverage and compensation benefits may vary.

Applying For Employee Benefits In The State Of Georgia

Georgia employers must provide workers comp if they have three or more regular employees. For injured workers in the state of Georgia, the state board of workers' compensation is an accident compensation insurance coverage program paid by your employer which may provide benefits to employees including income, rehabilitation, and medical benefits to injured employees. The purpose of these benefits is to provide coverage for workers and to help qualified workers return to work and continue a healthy lifestyle. There is no payroll deduction like there is to receive social security benefits.

According to compensation laws, an employee has 30 days from the time of injury to report an accident to a boss, supervisor, executive officers, corporate officers, or foreman in order to receive compensation benefits. Workers should not leave a waiting period before reporting. If you fail to report work-related injuries within the proper time frame, you may lose your rights and benefits for failing to meet compensation requirements. Workers who are considered independent contractors or domestic workers working less than a certain number of hours per week are not covered by comp insurance.

What costs are covered once your compensation benefits are approved by the compensation insurer?
  • Authorized doctor bills
  • Hospital bills
  • Physical therapy
  • Prescriptions
  • Necessary travel expenses
  • Georgia employees will receive a weekly benefit equal to two-thirds of their weekly wages
  • Additional compensation benefits may be available for specific injuries like permanent injuries, permanent disability, or partial disability.

All states enforce a waiting period before eligible employees can receive benefits.

Federal Worker’s Compensation Act

The Federal Employees Compensation Act is a federal program created to provide workers' compensation insurance coverage and compensation programs for the injured federal workers.

Currently, there are 12 federal worker's compensation Regional Offices throughout the country which is responsible for processing and investigating all federal workers' comp claims.

Federal compensation coverage is available to all federal workers except agricultural workers, railroad employees, longshoreman, farm laborers, casual employees, black lung coal workers, harbor workers, coal miners, some commercial fishers, agricultural employees, and members of the Armed Forces. Workers who are considered independent contractors, domestic employees, or domestic servants are also not covered.

Different from the state all federal government and its several agencies have immunity from public employer liability. Meaning, under federal statutes, the government, and its agencies are almost always exempt from liability, including personal injury claims by federal workers alleging government negligence resulting in workplace injury.

How Federal Employees File a Claim to Receive Full Compensation Coverage
  • When catastrophic injuries occur go directly to your supervisor, executive officers, corporate officers, or on-site health office
  • You have 30 days from the time of injury to complete the proper injury forms
  • Keep all copies of your records
  • Shortly after the regional office will notify (by letter) if your claim has been approved or denied by the compensation insurance carrier, or if a submittal of additional information is needed.
  • You make select a physician of your choosing. This is different from state workers' compensation; the Fed Act allows you to seek a private doctor of your choice, even if it is a personal private physician, rather than choosing from a list of pre-approved doctors.
What work injury compensation benefits are received if it gets approved?
  • Full average wages for a healing period of up to 45 days from the time of injury
  • Workers are also entitled to payment of medical bills, out-of-pocket expenses, and vocational rehabilitation.
  • Employees receive two-thirds of your pre-injury wage per week, and three-fourths of your pre-injury weekly wage earnings or average monthly earnings if you have one or more dependents.
  • Injured workers can also receive compensation for pain, compensation for wages lost, and more depending on individual compensation policy and insurance company.

For Government Employees, your workers' compensation claim must be filed within 3 years of your injury or else your claim will be barred. However, if you do miss the deadline, but your supervisor was aware of your injury or death within 30 days of the accident, your claim will not be time barred.

Understanding Georgia workers compensation

Take action if you were hurt on the job in Georgia

Whether you are a state or federal employee, should you undergo an injury at work that results in actual wage loss, or if your family has suffered a loved one's death due to a work-related accident, hiring an experienced compensation attorney is essential to receive workers' compensation for your losses.

At our Georgia Law Office, we have a highly experienced legal team that is ready to assist you with your workers' compensation case. Our attorneys have been helping the hurt in Georgia get the compensation they deserve for years. We do our best to ensure that you receive the maximum benefits. Contact Us to get in touch with an experienced attorney Or begin a Free Work Injury Case Review.

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