A Guide From Haug Barron Law Group – Top Rated Workers Compensation Attorneys in Atlanta
Work-related injuries can occur in various forms, from slips and falls to exposure to hazardous materials. According to the law, all injuries that occur on the job while carrying out employer-assigned responsibilities are regarded as work-related injuries.
Almost all workplace injuries in Georgia fall under the jurisdiction of the Georgia Workers’ Compensation System.
What Qualifies Under Workers’ Compensation?
The vast majority of work-related injuries involving employees and employers are subject to a Workers’ Compensation claim. In Georgia, Workers’ Compensation is a no-fault system, protecting the injured worker’s job without having to prove fault on the part of the employer. However, this also means employees cannot sue their employers for workplace injuries.
Are You Eligible for Workers’ Compensation?
Eligibility for compensation is determined by one factor: being a worker in the firm where the injury occurred. It has nothing to do with citizenship or age. This protection also covers prisoners. Additionally, longshoremen and harbor workers may file in either the Federal or Georgia Workers Compensation Insurance systems.
When Do You File?
You have up to 30 days from the date of the accident to inform your employer if they did not witness it. After that, you have up to 12 months to process a WC-14 claim with the Georgia Workers’ Compensation System. Missing the deadline requires providing a written notice stating the reason, and part or all of your claim may be forfeited. Late claims are unlikely to receive authorization for compensation payments from your employer’s administration.
What Happens After You File?
If compensation payments are delayed or do not come at all, you may request a hearing from the . The hearing will involve you, your employer, and their insurance representative. If unsatisfied with the board’s decision, you have the right to file an appeal in Georgia’s State Court System.
Workplace Injuries Outside of Workers Compensation Jurisdiction
If your workplace injury was caused by a third party (not the employer or employee), you can assert a claim against that individual or company outside of the Workers’ Compensation system. Additionally, if your employer engages in deliberate acts that put you in harm’s way, the Workers’ Compensation system will not protect them, and legal action can be pursued.