Workers’ Compensation Lawsuit | Workers’ Comp Lawyer

Common Types of Workers’ Compensation Benefits

The workers’ compensation policy provides benefits to employees injured based on the applicable state laws. While these benefits may differ from one state to another, most states will offer the following benefits:

• Medical coverage
• Rehabilitation
• Disability benefits
• Death benefits

Medical Coverage
Employees who file a workers’ compensation claim receive medical coverage. An experienced workers’ comp attorney will inform you that this coverage includes payments for doctor visits, medications, and hospital treatment. It also includes medical diagnostic tests, durable medical equipment (wheelchairs and crutches) and physical therapy.

The medical coverage offered is not subject to copays, deductibles, or dollar limits. These benefits are offered until one makes a full recovery. State laws may also allow for chiropractic care but limit the number of visits. Generally, workers’ comp does not pay for investigative or experimental treatments.

Rehabilitation Benefits
Rehabilitation benefits cover both medical and therapeutic care and includes physical therapy needed to cope with the injuries and recover. Rehabilitation benefits can also cover for any training necessary for the employee to regain their abilities and skills to help them return to work.

Skilled workers’ comp lawyers know, if you suffer a workplace accident injury and you are not able to return to work, then the program can offer vocational rehabilitation. Vocational rehabilitation will include retraining, tuition and other expenses incurred to help you gain skills to work in a different job.

Workers’ Comp Disability Benefits

Workers’ comp disability provides coverage to workers for lost wages as they recover from injury or illness. Disability benefits are classified into four types.

• Temporary partial disability: This covers you when you are not able to perform specific duties for a certain period
• Temporary total disability: This includes workers who have suffered workplace accident injury or illness and are not able to perform all their responsibilities for a specific period.
• Permanent partial disability: this refers to a permanent impairment that hinders the worker partially from performing their previous duties.
• Permanent total disability: this provides coverage to workers who have suffered permanent and total disability meaning that they cannot return to work or even work in a similar job.

The workers’ compensation received under disability depends on how much the workers were earning before the workplace accident injury. Workers receive one-third of their wages. Workers must wait for a certain period before receiving the compensation, and they are not expected to pay income tax on disability payouts. If you need more information, seek a workers’ comp attorney for more clarity.

Workers’ Comp Death Benefits

Workers’ compensation death benefits provide financial relief to close family members if a worker dies due to work-related accidents or injuries. The benefits are paid to the relatives who were financially dependent on the employee. This benefit also pays a sum to cover for funeral expenses. Death benefits are calculated based on the worker’s earnings. Some states impose maximum and minimum amounts that can be paid in the form of death benefits.

Others will offer a lump sum.

There are instances when legal issues arise about the dependents. States have different guidelines when dealing with spouses, unmarried partners, stepchildren, siblings, in-laws, and other relatives who were dependent on the deceased. It is essential to consult with a workers’ compensation lawyer to guide you on the best approach when it comes to such legal complexities.

Workers’ Compensation Claim vs Personal Injury Lawsuit

The biggest distinction between a Workers’ Comp claim and a personal injury lawsuit is fault. Workers’ Compensation does not depend on fault, meaning that an injured worker is not required to prove any sort of negligence in order to receive benefits. In a personal injury lawsuit, however, the victim must prove that someone else was to blame for causing their accident.

While they may be simpler to attain, Workers’ Compensation benefits are typically not as comprehensive as those awarded in personal injury lawsuits. For instance, the Workers’ Comp insurance company is required to pay for medical expenses and a portion of lost wages. But the injured worker will not receive the wages lost in their entirety – and they are also not eligible for non-economic damages, such as pain and suffering.

To learn more about the difference between Workers’ Comp claims and personal injury lawsuits, contact the personal injury attorneys at the Mike Hostilo Law Firm today! Call 844-GET-MIKE to ensure you receive the full compensation you’re entitled to.

How to File for a Workers’ Compensation Claim

If you have been hurt at work, follow these steps:

STEP #1: REPORT THE INJURY
The first step in the process of filing for a Workers’ Comp claim is to report the workplace accident injury. You should notify your employer immediately. Most states require employees to report a claim within 30 days. However, it can be longer in some cases or in instances where there are extenuating circumstances.

STEP #2: DOCUMENT DETAILS OF INJURY AND ACCIDENT
Once you report the workplace injury, you should receive a form to fill out. Give detailed information about your injuries and include your doctor’s recommendations and evaluation. Your employer will submit the form to the insurance company and the compensation agency as well.

STEP #3: THE INSURANCE COMPANY WILL APPROVE OR DENY YOUR CLAIM
Once you have filed the Workers’ Comp claim, the insurance company will conduct an investigation into your claim. The insurance company is supposed to issue feedback within two to four weeks. If the insurance company approves your Workers’ Compensation claim, you will receive benefits. Keep in mind that there are instances when the insurance company may reject your claim. If this happens, you have a right to appeal.

STEP #4: IF DENIED, TIME TO HIRE A WORKERS’ COMP ATTORNEY
If your claim is denied, seek a Workers’ Comp lawyer. You have a right to appeal, and it is wise to bring in a Workers’ Comp lawyer to offer legal representation. It is typical for insurance companies to deny claims or to give insufficient payouts. A Workers’ Compensation lawyer will look at the merits of your claim and advise you on your options moving forward. Because strict deadlines and complicated rules bind the appeal process, be sure to consult with a Workers’ Comp lawyer immediately.

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When to Consider Filing a Workers’ Compensation Lawsuit

There are several instances when employees should consider filing a lawsuit as discussed below. There are also particular circumstances when employees can file outside of workers’ compensation.

When the Insurance Company Delays or Denies the Claim
It is not unusual for insurance companies to deny or delay claims. If this has happened to you, you can benefit from the services of a workers’ attorney. The workers’ comp lawyer will fight to ensure that you are adequately compensated for the injuries suffered in the line of duty. During your workers’ compensation lawsuit, the accident lawyer can also negotiate for a fair settlement with the insurance company.

If the Employer Threatens to Terminate You
There are instances when an employer may threaten the employee with termination if they file a workers’ compensation claim. In most cases, the employer is afraid that their premium rates will increase. If this happens to you, then you have reasonable grounds to file a workers’ compensation lawsuit, and you should do so without fear. Wrongful termination is illegal, and your accident lawyer will defend your rights.

If You Suffer Injuries from a Toxic Substance
This type of claim can be handled under a workers’ compensation claim or as a personal injury claim. If you suffer an injury as a result of a toxic substance, then you can file a workers’ compensation lawsuit against the manufacturer of the product.

If the Injury Is a Result of Intentional Conduct
If you face a workplace accident injury that was intentionally caused by your employer, you can also file a personal injury lawsuit against them. In most cases, workers’ compensation does not include punitive damages.

For instance, if an employer fails to implement safety standards in unsafe working conditions. A personal injury lawsuit will not only pay for the injuries incurred when working in dangerous situations, but the employer will be forced to comply and offer safe working conditions for the other workers.

If Your Employer Does Not Offer Workers’ Compensation Insurance
In most states, employers are expected and required by law to carry workers’ compensation insurance. If they fail to do so, you can file a personal injury lawsuit and receive compensation from the state fund.

If the Injury was Caused by a Third Party
You can file outside of workers’ compensation for injuries caused by third parties, or if a third party is partially to blame for the workplace accident injury.

A workers’ compensation lawsuit has time limitations. These cases are also legally complex. It is in your best interest to seek the advice of a workers’ compensation lawyer. These workers’ comp lawyers have dealt with similar cases before, and they have a wealth of knowledge to help you navigate a complicated legal process.

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The Mike Hostilo Law Firm can manage your workplace injury claim, as well as a wide variety of other cases – including car crashes (internal link), trucking accidents (internal link), motorcycle accidents (internal link), slip and fall (internal link) and other accident lawsuits (practice areas page internal link). We are here to help!

Our personal injury law firm proudly serves accident injury victims throughout Georgia, Alabama, and South Carolina. We offer trusted legal advice and legal representation for your accident lawsuit.

So, if you’re searching for a trusted personal injury law firm near me to fight for your legal workplace accident claim, contact The Mike Hostilo Law Firm today!

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Workers’ Compensation FAQs

What is Workers’ Compensation?

Workers’ Compensation is insurance coverage paid by your employer, designed to provide benefits to workers injured on the job. Benefits provide compensation for medical bills and lost wages until the employee is able to return to work. In the event of a job-related fatality, Workers’ Comp benefits extend to the deceased worker’s dependents.

How long do I have to work with an employer to get Workers’ Compensation?

Coverage begins the first day on your job.

How long do I have to report a workplace accident? 

While you technically have 30 days to report your on-the-job injury to your employer, it is best to report it immediately. Missing this deadline will result in lost benefits, so don’t wait to report your workplace accident! 

How do I know if the company I work for is covered by Workers’ Compensation? 

Businesses with three or more employees, including part-time workers, are required by law to carry Workers’ Comp insurance. You can verify coverage here: www.sbwc.georgia.gov 

Who pays the doctor after a workplace accident?

Your employer’s Workers’ Comp insurance company is responsible for paying for your medical treatment. Keep in mind that you must visit an approved doctor after your workplace accident in order for your medical treatment to be covered.

What medical treatment will be paid in Workers’ Compensation claims?

Workers’ Compensation will cover all authorized doctor and hospital bills, physical therapy prescriptions, and travel expenses related to your on-the-job injury. In some cases, injured employees are entitled to compensation for medical and vocational rehabilitation. Lifetime medical benefits may be available for catastrophic injuries that require long-term care.

When do I get my Workers’ Comp income benefits?

If your on-the-job injury keeps you out of work for more than 7 days, you are entitled to weekly income benefits. Your first Workers’ Comp check will be mailed within 21 days. If you miss more than 21 days in a row, you will be paid for the first week.

How much will my weekly benefits be under Workers’ Compensation? 

The amount that injured workers receive varies from state to state. Here in Georgia, you will be paid ⅔ of your average weekly wage, but no more than $725 a week (for workplace accidents that occurred on or after July 1, 2022).

What happens if I am unable to return to work and can only receive a lower paying job as a result of my on-the-job injury? 

If your diminished capacity requires you to take a job that pays less, you will receive reduced benefits. The amount is based on your earnings for up to 350 weeks from the date of your workplace accident – but not more than $483 a week (for accidents that occurred on or after July 1, 2022).

How long will I receive weekly benefits after an on-the-job injury?

If your workplace accident occurred on or after July 1, 1992, you are entitled to receive Workers’ Comp benefits for up to 400 weeks. Workers who suffered catastrophic injuries, however, may be entitled to lifetime benefits. In some cases, Workers’ Comp benefits may be reduced after your doctor authorizes you to return to work with limitations or restrictions – and may be suspended after you are released to return to work with no limitations or restrictions.

How long will I receive medical benefits after a workplace accident?

If your accident occurred on or after July 1, 2013, you are entitled to medical treatment for up to 400 weeks. All injuries occurring on or before June 30,2013, shall be entitled to lifetime medical benefits. If your injury is catastrophic in nature, you may be entitled to lifetime medical benefits.

What happens if my injury keeps me from getting a job in future?

If a catastrophic injury keeps you from returning to your job, you are entitled to assistance in finding a new one – or learning to do another job. The State Board of Workers’ Compensation can help, so call (404) 656-0849 to learn more about available resources.

If I lose a leg, arm or other body part in a workplace accident, what benefits can I receive?

The benefits available are determined by Georgia law and depend on the injury. For instance, you are entitled to benefits for up to 225 weeks if you lose an arm or leg in an on-the-job injury.

Can I receive both Social Security and Workers’ Compensation at the same time?

Yes, you may receive both benefits simultaneously, but keep in mind that your Social Security benefits may be reduced.

What if I don't receive my Workers’ Compensation benefits? 

If you do not receive the Workers’ Comp benefits you are entitled to, file a claim with the State Board of Workers’ Compensation. Complete Ford WC-14 within one year from the date of your workplace accident. A Workers’ Comp lawyer near you can also help ensure you receive the benefits you deserve.

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