Work Place Injuries In Douglasville, Georgia
Have you suffered at work due to an illness or injury? Our top rated work injury lawyers in Douglasville, Ga can help you file a workers' comp claim so you can properly heal from you injuries. Workers' compensation benefits are designed to provide employees with lost wages and medical expenses after being injured while at work.
Many families cannot afford to take time off after an injury and are faced with high medical bills and lost income.
Our Team of Work Injury Lawyers in Douglasville, Ga protect employees and their rights to benefits, we can help you recover and receive the financial funds you need to get back on track.
Georgia Workers compensation law requires employers to carry insurance that provides workers who become injured or ill on the job with medical coverage and income replacement. It also protects companies from being sued by employees for the workplace conditions that caused such an illness or injury.
Workers compensation differs depending on the state you live in, however; the underlying principle remains the same-that employers should assume the costs of injuries, illnesses, and deaths that occur on the job, without relying on the issue of fault, and partially replace wage income loss.
While income replacement for most employees is usually a percentage of the workers true income, it is counted as a transferred payment and thus is not subject to federal income tax for the employee or employer. In some states domestics, agricultural workers, and manual laborers are not subject to coverage.
Most employers are required to pay into the workers' compensation system by purchasing insurance through the state's workers' compensation fund. Problems arise when employers attempt to deny workers' their benefits in order to prevent insurance costs from climbing and inevitably draining company pockets.
That's why it's crucial employee's provide proper documentation and notify all authority's in a timely matter of their injuries. This will lessen the risk of your workers' compensation coverage being delayed, slowed, and even denied.
- The person or company you were working for must carry workers’ compensation insurance or be legally required to do so.
- You must be an employee of that person or company. (you don’t have to be a full time employee, as long as you are a regular employee)
- Your injury or illness must be work-related, employees can also be illegal aliens, prisoners, or minors to qualify.
Most states give businesses the choice of buying workers compensation policies either directly from the state or from a private insurer. Each state determines it's own systems payment schedules employee eligibility requirements, and rehabilitation procedures.
Workers’ compensation benefits are typically limited to medical costs and partial compensation for lost income (generally 50 to 70 percent of pre-injury wages.) On average, benefits don’t include compensation for pain and suffering.
Serious injury cases could call for permanent or partial disability, rewarding in a permanent fixed sum and/or lump sum settlement. If you suffer serious injury our Douglasville personal injury lawyers are experienced in filing the proper paperwork and assembling health documents to prove your suffering. Over half of applicants get denied by state and federal administrative offices, we have helped thousands of clients get deserved funding and benefits, let us help.
An occupational illness (disease) is defined by the Occupational Health and Safety Administration (OSHA) as "any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to factors associated with employment."
The statues require companies using hazardous materials to maintain Material Safety Data Sheets (MSDS.) The MSDS lists a particular product's ingredients, any known health hazards, precautions for safety handling, and permitted exposure limits. OSHA expects employees have access to these sheets.
Common Occupational Illnesses:
- Skin disease or disorders-illness involving the worker's skin caused by exposures to chemicals, plants or other substances
- Respiratory conditions-illnesses associated by breathing hazardous biological agents, chemicals, dust, gases, vapors, or fumes at work.
- Poisoning-disorders evidenced by abnormal concentrations of toxic substances in blood, other tissues, other bodily fluids, or the breath that are caused by the ingestion or absorption of toxic substances into the body.
- Hearing loss-noise induced hearing loss that exceeds the hearing threshold of an average of 10db or more in either ear
- All other occupational illnesses ...
Need more information? Click Here for further description of each illness and its hazards
The "Statue of Limitations" dictates how soon you must file a claim for workers' compensation benefits after a workplace injury has occurred.
The general rule in Georgia is that a claim for benefits must be filed within one year of the accident date or the right to compensation is barred. States also have much shorter deadlines for notifying one's employer with regard to a work place injury (typically ranging from 30 to 60 days, but sometimes less.) So while you may have one year to file your claim, for instance, you may only have 30 days in which to inform your employer.
Nonfulfillment to take legal actions with a legal or contractual time deadline may result in losing various rights and benefits.
Things get more complicated when you have an injury or illness that developed over time, such as mesothelioma, or carpel tunnel syndrome.
In these situations, the clock starts clicking toward your deadline when:
1) You took time off because of your injury or see a doctor for the injury
2) You knew, or should have known, that the injury was caused by your work
There are many "gray areas" when it comes to workers' comp benefits, although it may seem simple enough there are many situations where the law can get tricky. If you were injured at work call your lawyer in Douglasville for the best legal advice and representation.
- Lunch Breaks- Usually injuries or illnesses that happen on an employees lunch break are not covered.
- Company Events- Many companies hold special events such as parties, picnics, or baseball games. And injuries that are sustained at these events are typically covered by workers' comp.
- Travel-If you are injured on your commute to and from work, your injury is most likely not covered.
- Misconduct- Depending on the level of misconduct you may still be covered.
- Pre-exisiting conditions- In the situation your job aggravates the condition you would most likely be covered.
- Hearing loss- Some people work in noisy work environments-such as construction sites or manufacturing companies-often suffer hearing loss over time., this injury is usually covered by workers compensation.
- Mental conditions-If your injuries are job related then you would be covered by workers compensation
- Disease and Illness-If your disease your illness is a result of your work then you are entitled to benefits.
After an injury, even injuries that seem minor, you should seek treatment right away. This means seeing a doctor immediately after a work-related accident or at the first signs of any that might be due to your work injuries. Receiving treatment soon after your injuries is essential in protecting your injury claim. The closer in time to your accident that you obtain treatment, the less room it gives your employer (or its insurance company) to argue that your injuries are not work related. Also, early treatment makes it more likely that you will recover from your injuries faster.
Most importantly, you should resist the urge to "tough it out" or soften the seriousness of your injuries. This can delay or slow your recovery, and it can affect the scope of treatment authorized by workers' comp or the amount of benefits you ultimately receive.
How will I know when it's safe to return to work?
Once you have reached your level of maximum medical improvement (MMI), your treating physician will complete a Return to Work Form. The form notifies your employer and the workers compensation representative that you are clear to return to work.
Depending upon your health status, your doctor may order lighter work duties while your injuries continue to heal. Your employer should apply the company's return to work policy according to your treating physicians orders.
An effective return to work policy includes:
- Confirmation that your employer understands the nature and extent of your injuries, and your present physical limitations
- A plan to provide reasonable accommodations to allow you to return and ease back into work safely, free from unnecessary pain and discomfort
- Clear communication between you, your employer, and, your doctor to expedite your return to your former work duties as soon as medically advisable
The work injury attorneys in Georgia have represented thousands of cases just like yours.
Our skilled Douglasville work-related injury attorneys will protect you from unlawful actions and help you and your family receive appropriate funding for your suffering and injuries.
You are in good hands when you hire our work injury attorneys in Douglasville, Ga, we personally stay connected with each client helping families fight for their losses and injuries.
Let us Help you Today!