Georgia Workers Compensation Lawyer

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Workers' compensation is compulsory in Georgia. It may provide workers and their families some peace of mind, if an accident should occur. In other words, it is the employers' responsibility to provide medical and disability benefits to the employee or employee's family due to a job-related injury or death. Any employer who fails to provide these benefits to its employees will face fines and possible imprisonment.

Workers' compensation is a type of insurance that accommodates employees who need compensation for medical care due to an injury during the course of work in exchange for the employee's right to sue their employer for negligence. Plans vary according to jurisdictions, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the dependents of workers who were killed as a type of life insurance. Not included in worker compensation plans are punitive damages for employer negligence and general damages for pain and suffering.

Every employer including corporations, individuals, firms, and associations which employs three or more employees must provide workers' compensation insurance coverage. In the state of Georgia, employees are considered to be any person, including minors, that work full-time or part-time under a contract of hire. Employers have the option of qualifying as a self-insurer or securing a policy of insurance.

In the state of Georgia, employers with fewer than three employees are exempt from the workers' compensation act, and waivers are permitted. The waiting period for compensation benefits after an injury is seven days, and the compensation is retroactive if the disability continues for twenty-one consecutive days from the date of the injury.

An employer is required to post a notice of compliance with the Georgia workers' compensation law. Also, the employer must post the State Board of Workers' Compensation Bill of Rights for the Injured Worker in a place where all employees can see.

There are no monetary or time limits regarding medical benefits for those who are entitled to workers' compensation. A list of physicians who are authorized to treat their employees must be also posted.

In Georgia, if an on-the-job injury occurs, the employer is immediately required to file an Employer's First Report of Injury or Occupational Disease, also known as the Form WC-1, in the case of an employee injury. If an employee loses seven or more days due to the injury, the employer must report the injury to the Georgia State Board of Workers Compensation within 21 days of their knowledge of the injury.

In the state of Georgia, the employer faces late payment penalties and possibly attorney's fees and late filing penalties if they do not report the injury or make payments of income benefits in a timely manner.

For temporary total disability, payments are a percentage of the employee's wages and cannot exceed the weekly maximum amount. The payments can continue for up to 400 weeks. For permanent total disability, payments are a percentage of the employee's wages and cannot exceed the weekly maximum amount. Payments last as long as the employee is disabled. Payments for permanent partial disability are a percentage of the employee's wages and are subject to a weekly maximum amount.

In the case of death, the employee's spouse or the spouse and children shall receive death benefits based on the employee's wages. Death benefits are subject to a maximum payment amount.

In the state of Georgia, attorney's fees are limited to 25% by statute.

Choosing an attorney that you feel you can trust and you feel comfortable with is important, as they can alleviate a large amount of the stress that is associated with an injury and your finances. While you focus on recovering from your injury, they focus on getting you the fair share of the compensation that you deserve.


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