Understanding Your Rights Under Workers Compensation

Understanding Your Rights Under Workers Compensation

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Workplace injuries leave injured employees in a very vulnerable position. Employers in the U.S. reported approximately 2.9 million nonfatal workplace injuries and illnesses. For many, being hurt and unable to work can put their lives into a state of chaos where medical bills pile up on what’s already due, all without the ability to bring in a paycheck to provide for yourself or your family. The agony of an injury itself is exacerbated by the complexity of workers compensation law. At McMahan Law Firm, LLC, we’re the go-to guys for Georgians who have been injured on the job. Our expertise helps workers understand their rights and how to fight for them so that their families, health, and livelihoods can be protected in their time of need.

 

Understanding the basis of a workers compensation claim

The State Board of Workers Compensation is established by the State of Georgia to provide recourse for employees who are hurt on the job and left unable to perform their duties. In the wake of a workplace injury, personal injury lawyers cannot emphasize the importance of reporting an injury immediately to a supervisor or human resources representative. Waiting to report an injury can be to the detriment of a workers compensation claim. Workers compensation attorneys can provide counsel to injured workers so that they can complete the initial form needed to file a claim. In the State of Georgia, employees who miss more than 7 days of duty because of their injury are eligible to receive up to a maximum of 575 dollars each week. The extent to which an injury has diminished a claimant’s ability to work is an important consideration when the board calculates its benefits payment. Independent medical examinations and other medical reviews can impact the amount of a benefit awarded. Even injuries that result from an employee rushing or being inattentive are eligible to claim benefits for. Only injuries resulting from employee misconduct are ineligible to receive benefits.

 

Georgia’s workers compensation reform

During the 2019 legislative session, the State of Georgia unanimously passed a law which will soon raise the maximum weekly payment to workers found to be under temporary total and permanent partial disability by the State Board of Workers Compensation. With this legislative action, it is important for workers to find a workers compensation attorney who can represent them during the claims process to be sure that their injury is given the proper disability status. Ensuring that is essential to maximizing the benefit for any injured workers.

 

Distinguishing between a workers compensation claim and a personal injury suit

Though workers compensation claims provide benefits compensating for lost wages and medical bills, those benefits do not cover punitive damages against the employer or compensations for pain and suffering. Compensation for those aspects of a workplace injury can be pursued in a civil lawsuit against an employer. Unlike a workers’ compensation claim, a civil lawsuit requires an even more astute understanding of the Georgia Labor and Industrial Relations and Torts Code. Those codes encompass the relevant statues which a plaintiff may allege have been violated when seeking compensation for a personal injury that was incurred during the course of their employment. Personal injury lawyers are essential to examining an injury against those statutes in order to be sure that an injured worker can be justly compensated for beyond what workers compensation claims are meant to provide. Beyond workplace injuries, personal injury suits can cover damages from injuries incurred to plaintiffs through no fault of their own outside of the workplace. Those injuries can arise from car accidents, product liability, property liability, and other incidents.

 

What makes the McMahan Law Firm “The Go To Guys”

As the premier personal injury lawyers in the Dalton area, our firm has gained its distinguished reputation by serving injured Georgians in high stakes cases emanating from workplace injuries. Those cases have seen our experienced attorneys win judgments before the State Board for Workers Compensation as well as in state and federal courts. With years of experience under our belts covering practice areas including personal injury, workers compensation, and social security disability, our firm has the unique background to maximize compensation to rectify the damages resulting from an injury.

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