Georgia workers’ compensation or workman’s compensation is provided to Georgia employees who are injured while performing their job or who have contracted an occupational illness. Georgia workers’ compensation program is managed and administered by Georgia’s State Board of Workers’ Compensation (SBWC).

The goal of the SBWC is “to provide superior access to the Georgia Workers’ Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective and to insure efficient processing and swift, fair resolution of claims, while encouraging workplace safety and return to work”.

Workers’ compensation or workers comp is a mandatory insurance policy that certain employers in the state of Georgia are required to purchase to protect their employees who are injured in a Georgia work injury. Mandatory workers’ compensation has eliminated the rights of most injured employees to file a personal injury claim and sue their employer. The trade-off for the worker, who may have forfeited a larger payout, is immediate medical benefits and potential wage loss compensation without the need for a costly legal battle.

Work Injuries covered by Georgia Workers’ Compensation

Work injuries are generally covered if they occur while an employee is performing a job duty. Work injuries which were the result of an employee’s horseplay, intoxication, failure to follow company policies or which were intentionally self-inflicted may not be covered.

Common work injuries which should be covered under Georgia’s Work compensation laws include:

• Neck injuries                             Back injuries
• Carpal Tunnel                            Concussions
• Heart attacks on the job             Strokes on the job
• Amputations                             Injuries from inhaling toxic chemicals
• Closed head injuries                  Paralysis
• Burns                                        Spinal cord injuries
• Abrasions                                 Electrocution
• Puncture wounds                       Post Traumatic Stress Disorder (PTSD)

Georgia Workers Compensation Benefits

• Medical Benefits

Medical benefits including rehabilitation and other treatments considered reasonable and necessary are covered under Georgia workman’s compensation laws. This can include hospital stays, prescribed medication, doctor’s visits, medical services and laboratory tests. In some cases the non-emergency care services may require approval from a panel of approved physicians. Georgia workers’ comp laws also allow the employee to choose their physician, but the choice must be from a list determined by the employer.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits are paid to workers who have been injured on the job and are unable to return to work due to their work injuries. Employees receiving TTD will receive 2/3 of their average weekly wage up to a predetermined maximum. TTD benefits are paid for a maximum of 400 weeks from the date of the work accident. Under some conditions, such as a catastrophic accident, TTD benefits may be extended. There is a 7 day waiting period prior to receiving TTD benefits. Workers who are injured for 21 or more consecutive days may receive payment from the first day of the work injury.

• Temporary Partial Disability Benefits (TPD)

Temporary partial disability benefits are paid to injured workers who are able to return to work but who, due to their work injury, are unable to make a similar wage. TPD benefits are paid at 2/3 the difference between the injured worker’s average weekly wage prior to and after the work injury. TPD benefits can be paid for 350 weeks or up to a maximum established under Georgia workers’ compensation law.

• Permanent Partial Disability (PPD)

Permanent partial disability benefits are paid weekly to injured workers who have been permanently disabled and may be unable to work their previous job, but may be able to do alternate work. Prior to determining the compensation amount, a medical examination is conducted by an independent medical examiner. The disability examiner rates the level of impairment. Disability payments are calculated by using the American Medical Associations ratings guidelines.

PPD payments are made by multiplying 2/3 of the injured worker’s average weekly salary by the PPD percentage and a specified number of weeks. The number of weeks is determined according to a pre-determined schedule. The calculation for PPD benefits is not made until the treating physician has determined the worker has reached their maxim medical improvement.

• Death Benefits

Death benefits are paid to the surviving spouse or dependents of Georgia workers who have died from a work injury or illness. Death benefits are 2/3 of the deceased employee’s average weekly wage at the time of the work injury. Death benefits are paid to the surviving spouse who has does not have children up to $150,000 maximum. Surviving children may be eligible to receive death benefits until they are 18 years old or longer if they are a full-time student.

• Vocational Rehabilitation Benefits

Vocational rehabilitation benefits may be offered to qualifying injured workers who are unable to return to work due to their physical health condition after a work injury. Georgia vocational rehabilitation may include: job placement, custom job training, job matching, counseling, technological accommodations and resource assistance.

Hiring a Georgia Workers’ Compensation Lawyer

Not all workers will need to hire a Georgia workman’s compensation lawyer, but if the injuries suffered are severe or permanent or the worker and employer have an adversarial relationship, it may be a good idea to seek legal counsel. Many workers’ compensation cases are litigated in Georgia simply because the insurance company wants to pay a low settlement amount and close the case as quickly as possible.

If you feel you have received poor medical treatment, if your Georgia workers’ compensation case has been denied or if you have been severely injured, contact a Georgia workman’s comp attorney.

New Mexico Worker’s Compensation Administration regulates workers compensation between employers and injured employee’s. Workers compensation was created as a no-fault insurance policy to protect injured workers who suffer an injury at work. Workman’s compensation was created to eliminate the need for expensive tort litigation.

Workman’s comp provides medical benefits and wage compensation to injured employees without the employee having to prove their work injury was the result of their employer’s negligence, but in return, the worker forfeits some of the monetary compensation they may have received if they had won a personal injury lawsuit.

Worker’s compensation or workman’s compensation is only paid to workers who suffer a work injury while they are performing their normal job functions. Work injuries which are caused by an employee’s intentional actions or from drug or alcohol intoxication may not be covered. Work injuries which may be covered by work injury compensation can include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Albuquerque Worker’s Compensation Benefits

Almost all New Mexico employers are required by workers compensation law to carry workers comp insurance for their employees. Workman’s compensation provides several work injury compensation benefits to workers who suffer an injury at work.

• Medical benefits – Albuquerque work compensation insurance pays 100% of authorized medical costs for work injuries or occupational diseases. Medical services which are covered may include: hospital stays, doctor’s services, medications and laboratory services. Medical benefits are offered to the employee without monetary or time limits.
• Temporary Total Disability Benefits – Workers compensation temporary total disability are paid to workers who sustain an injury at work, and the amount paid is based on a percentage of the injured worker’s wage. Disability payments can continue for the duration of the disability.
• Permanent Partial Disability – New Mexico workers comp benefits allow for permanent disability payments to be made for 500- 700 weeks. The payment amount is based on a percentage of the worker’s wage. Additional benefits may be paid to employees if their work injury causes a permanent disfigurement.
• Vocational Rehabilitation Benefits – Workers who sustain an injury at work and are unable to return to their current job may be eligible for vocational rehabilitation services.
• Death Benefits – Death benefits may be paid to the deceased worker’s spouse and/or children. The amount of work injury compensation paid to dependents will be based on the deceased employee’s wages subject to a maximum. Benefits are also paid to cover burial expenses.

Do I Need an Albuquerque Worker’s Compensation Attorney?

Albuquerque workers who are disabled from a work injury do not have to hire a work injury attorney to help them file their work compensation claim, but employers will have their own workers compensation attorneys working for them and unfortunately, in efforts to save costs, they may not always have the best interest of their employees in mind.

Albuquerque work comp lawyers can also help an injured employee if their work compensation is denied, if the work injury is caused by a defective third party product or if the employee has been the victim of workplace discrimination or harassment.

Qualifying for Workers’ Compensation

If you live in Chicago, Illinois, and you have suffered an injury at work, you may be entitled to workers’ compensation benefits. Workers compensation is only granted if a work injury occurs at the work site and the worker was not at fault (not intoxicated, reckless or engaged in intentional behavior which caused the injury).

Work injuries which occur at the work site but not while an employee is performing their work duties may also be eligible for worker’s compensation. Work injury compensation does not cover work injuries while the employee is travelling to and from work but may cover injuries of an employee who is offsite if they are performing a job duty. Deaths or injuries at work caused by substance abuse are not covered. Some state laws specifically cover work injuries suffered from the violent actions of other workers, while other state laws are less clear.

Common injuries at work which are covered by worker’s comp may include work injuries from exposure to toxic chemicals, equipment malfunctions, injuries from heavy labor or work place harassment. Pre-existing conditions which have been exacerbated from work duties may also be covered by workers compensation.

Worker’s Compensation Benefits

Work injury compensation is administered by the State Department of Labor. Work compensation claims are part of strict liability law which means the injured worker does not have to prove the work injury was a result of the employer’s negligence.

Work compensation injury laws were created to limit the ability of the worker to file a tort lawsuit against their employer. Compensation for Chicago workers who file worker comp claims is established by Illinois workers compensation law and includes:

• Paid medical expenses required for care and treatment of the work injury: surgical, dental, hospital visits, medication, and medical supplies.
• Disability payments which provide compensation for up to 2/3 of the injured worker’s wage for the days they are unable to work.
• Permanent disability payments which could be up to 2/3 of the worker’s wage at the time of the accident if the worker is scarred, disfigured or disabled and unable to return to work.
• Death compensation benefits for dependents of the deceased worker if the injury was fatal.

Chicago workers compensation does not generally cover pain and suffering, loss of affection, sexual relations or emotional distress.

Do I Need a Chicago Worker’s Compensation Attorney?

If you have suffered an injury at work, filed your work compensation claim and the employer has paid the workers compensation benefits, there may be little that a Chicago Work Injury Lawyer can do for you. But if you need advice or have not filed your claim, it is important to remember that your employer and their insurance company have representation and you may want an Illinois attorney working for you.

If your worker’s compensation claim has been rejected, the work injury was caused by malfunctioning third party equipment or your work compensation claim has led to discrimination (demotion, reduction in pay, harassment or firing) against you, a Chicago Workman’s Comp Attorney should be contacted immediately.