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.

A Dec. 13 post at the Injury Board Blog Network by personal injury lawyer Alison De Villiers posits the question of whether an injured worker covered by workers’ comp can also qualify for a personal injury claim. For example, we’ve all heard of people who get injured in an auto wreck, a grocery store, or say, by hot coffee, and then their personal injury attorney helps them get some fabulous settlement.

Well, the short answer for on-the-job injuries is, no: if your employer carries workers’ compensation insurance, you are entitled to medical treatment and perhaps certain, specified disability benefits, if warranted.

But, in general, you can’t sue–unless you are denied proper treatment.

Basically, this is why employers take out workers’ comp insurance. In return for the overhead of the premiums, injured workers get treated and employers can’t be sued. It’s also why most states require most employers to carry workers’ comp policies.

However as De Villiers, a Cincinnati-based attorney, points out, it is possible at least in some states for an injured worker to receive workers’ comp benefits and to also have a case for personal injury–as long as the entity at fault is not the injured party’s employer. As De Villiers explains:

So how can an injured worker bring a personal injury claim? Although injured workers receiving worker’s compensation benefits cannot sue their employers, they can bring personal injury claims against a co-worker or other person/company, such as another company working on a jobsite. The injured worker must prove that the other party was negligent and the defendant is then entitled to present defenses. In a personal injury claim, the injured worker is entitled to more benefits than in worker’s compensation, such as pain, suffering, loss of earning capacity, loss of enjoyment of life, scarring and disfigurement, and loss of consortium.

In other words, let’s imagine an electrician at work on a construction site. The job is proceeding normally, that is, on time and within budget, so the electricians are the only tradesmen on the jobsite. Let’s say the electrician is working with heavy cable, and cuts one hand badly while attempting to strip insulation from a cable end. The injured electrician reports the injury, goes to the proper care facility and gets stitches and any other necessary treatment and follow-up. Neither the carrier nor the care provider (hospital, clinic, etc.) worries about “whose fault it was.” The employer has fulfilled its duty, and there’s no cause for further legal action.

Now, let’s imagine a different scenario. A small commercial job has gotten badly behind schedule, and the retail business is in danger of missing its opening. As a result, the client (the retail business) is exerting tremendous pressure on the general contractor, who in turn leans on the job superintendent. The super may go by several titles, according to region, industry, sector, and so forth.

Regardless, there’s always someone who’s “in charge” of the daily operations of the jobsite and all the trades. In a situation as described–and I’ve seen it happen–the “super” will convene a meeting that includes, or otherwise communicates to, all the subcontractors.

What happens next is all the trades show up, and suddenly you’ve got framers, drywallers, painters, plumbers, electricians, HVAC, pipefitters, and telephone/cable guys, and God knows who else (“I’m here to pick the fabric”) all on the same jobsite, everyone busting hump to beat the deadline.

Now, let’s suppose our good, honest electrician is working atop a 28-foot ladder, when suddenly someone knocks the ladder out from under our earnest electrician…such that the electrician bounces off structural elements in the building, then slams to the floor–a hard, concrete slab.

Maybe our electrician recovers fully. Or, the brain damage is bad enough that further work is impossible…

In a case such as this, the injured worker is obviously still due any workers’ comp benefits as apply. However, now a third party might be liable, apart from the direct employer.

These decisions and distinctions can be confusing.

That’s why De Villiers posts this: “It is important that you speak to an attorney to determine whether you are limited to the benefits available in a worker’s compensation claim, or whether you may be entitled to be ‘made whole’ with a personal injury claim.”

I agree–it shouldn’t be…but it is, most definitely, tricky stuff.

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Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:

Workers compensation basics

Injury on the job

Filing a claim

Charlotte workers who have been injured at work may be eligible to receive medical benefits and lost wage compensation under North Carolinas workers’ compensation. Workers compensation eliminates the need for workers who suffer an injury at work to file a personal injury lawsuit to receive compensation for their work injury. North Carolina employers, without accepting liability or claiming negligence, avoid an expensive protracted lawsuit by paying the injured employee limited monetary benefits.

Not all work injuries are covered by workman’s compensation. Work injuries which are covered must have occurred while the employee was engaged in their regular job duties and while performing them in the required manner. Work injuries which are the result of drug or alcohol intoxication or horseplay are not covered. Work injuries which occur while travelling to and from work or during voluntary, recreational work activities also may not be covered.

There are a variety of work injuries or occupational diseases which are covered by workers comp insurance. Some of the most common are:

• 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

Charlotte Workers Compensation Benefits

• Medical Benefits – Charlotte workers who sustain an injury at work are entitled to medical benefits. The Charlotte employer is responsible for paying all medical costs which can include: doctor’s bills, surgical costs, medications and rehabilitation services.
• Vocational Rehabilitation Services- If a Charlotte worker sustains an injury at work and is unable to return to their job, they may receive certain types of vocational rehabilitation services which can help them find another job which they can do given their current work capabilities.
• Temporary Total or Temporary Partial Disability Benefits – Temporary total disability payments can be awarded if the injured employee is unable to work at all for a specific period of time. Work injury compensation for total disability payments is 66 2/3% of the workers average weekly earnings. There is a minimum and maximum allowed under North Carolina’s workers compensation law. If an employee is allowed to return to their job, but because of their disability, they are on restricted duty, workers compensation may award temporary partial benefits.
• Permanent or partial disability – If a work injury causes a permanent disability or if the worker loses the function of a specific body part, work injury compensation is paid according to a schedule as outlined by North Carolina’s workers compensation law. If the work injury causes severe disfigurement to the face, head or damage to vital organs the worker may receive additional work injury compensation.
• Death Benefits – Dependents of a Charlotte worker who dies from a work injury or occupational disease may be eligible to receive workman’s compensation for death benefits which equals 66 2/3% of the workers average weekly wage. Benefits are generally paid for 400 weeks, but for spouses (meeting certain requirements) they may be paid until death or remarriage and for minor children they may be paid until the child reaches age 18. Funeral benefits are also allowed up to $2,000.

Do I Need a Charlotte Worker’s Compensation Attorney?

Charlotte workers who suffer an injury at work have the choice of filing their workers compensation claim themselves or hiring a worker comp attorney to help. Unfortunately, Charlotte employers, who may be more focused on company costs and less on the worker’s welfare, will have their own work injury lawyers helping them.

Charlotte workers who have suffered discrimination or harassment due to the work injury or who have been injured by a third party may want to contact a worker’s compensation lawyer.

California workers compensation law is similar to other state’s laws which provide medical benefits and lost wage compensation to California workers who sustain an injury at work while they are performing their normal job function.

Workers compensation or workman’s compensation is an insurance program created to provide immediate relief to employees without the employees having to file a personal injury claim for compensation. In exchange, California workers compensation law limits the amount of money which can be recovered from California employers.

Only work injuries or occupational diseases which are caused from the normal job requirements are covered by workers comp insurance. Work injury compensation is not provided to California workers who are injured while intoxicated, attempting to injure themselves or another employee or who are injured travelling to and from work.

There are a variety of occupational diseases and work injuries which are covered by California’s workers compensation. Some of the most common 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

California Worker’s Compensation Benefits

Californian workers comp insurance includes: medical benefits, temporary disability benefits, permanent disability benefits, vocational rehabilitation benefits and death benefits.

• Medical Benefits – California workers who sustain an injury at work are entitled to full medical benefits provided by their employer with no limits to time or money. The employer generally selects the first physician the employee is required to see and after 30 days the employee generally is allowed to choose their own doctor. Additional medical expenses are paid such as doctor’s visits, hospital stays and medications.
• Temporary Disability- California employees who suffer an injury at work are entitled to temporary disability payments which are 2/3 of their lost wage amount. California workers compensation outlines a maximum limit for lost wage compensation.
• Permanent Disability- California workers who suffer an injury at work and are unable to return to work are eligible for permanent disability. California workers who sustain an injury at work and can return to work but due to their work injury they can not make the same wage they could before the work injury, may be eligible for workers compensation benefits. California workers compensation will determine the amount for permanent disability based on a variety of factors including the worker’s age, occupation, work capacity and work injury date.
• Vocational Rehabilitation – California workers who suffer an injury at work and are not able to return to their job may qualify for vocational rehabilitation benefits including job retraining and job placement.
• Death benefits – Dependents of California workers who die from their work injury or occupational disease are entitled to death benefits to compensate them for the deceased worker’s lost wages. Burial expenses are also paid up to an established limit.

Do I Need a California Worker’s Compensation Attorney?

Workers compensation law can vary by state and can be complicated. Many insurance workers comp cases are settled easily and without dispute, but many are denied. Work injury lawyers can help California workers get the compensation they deserve and help fight employers and their worker comp attorneys if they are more concerned with saving money than helping the employee recover from their work injury.

New York worker’s compensation can help a worker who has been injured while performing their normal business activities receive medical care and lost wage compensation. Worker’s compensation or workman’s compensation has eliminated the need for injured workers to file a personal injury lawsuit against their employers. Employers now provide immediate compensation for the worker and the worker avoids an expensive, protracted court battle.

New York’s workers compensation insurance is not provided for work injuries which are intentional, willful or self-inflicted. Work injuries are also not covered if they are the result of alcohol or drug use or rough housing.

Workers comp insurance covers most occupational illnesses and work injuries including:

• Amputations
• Pulmonary conditions
• Abrasions
• Work related heart attack or strokes
• Toxic chemical or smoke inhalation causing pulmonary complications
• Burns
• Neck, knee and back injuries
• Concussions

New York Worker’s Compensation Benefits

Work comp benefits can include medical compensation and wage loss protection paid by the employer’s insurance company. New York Worker’s Compensation Board processes the claims and pays them to the employee regardless of who was at fault for the work injury.

New York workers who suffer an injury at work can receive:

• Cash Benefits – New York workers who suffer an injury at work can not receive cash benefits for the first seven days of their work injury unless it last more than 14 days. The amount paid to the employee is a percentage of their average weekly wage for the past year. To calculate the amount of benefits which the employee may qualify for the following formula is used: 2/3 x average weekly wage x % of disability = weekly benefit. Disability benefits may also be paid to workers who return to work but can not make the amount of money they could prior to the work injury.

• Medical benefits- New York workers who suffer an injury at work can receive medical care benefits for the original work injury. Medical care which is compensated can include: diagnostic tests, MRIs, x-rays and other necessary exams.
• Dependent benefits – Beneficiaries of New York workers who die from their work injury or occupational illness can receive certain death benefits. Dependent benefits are 2/3 of the deceased worker’s average weekly earnings for the year prior to the work injury. Workers compensation establishes a maximum amount of compensation (regardless of the number of dependents). The estate may receive $50,000 if there are no dependents. Funeral expenses of $6,000 are paid in metropolitan New York but other counties limit expenses to $5,000.

Do I Need a New York Worker’s Compensation Attorney?

New York workers who sustain an injury at work can hire a work injury attorney or file their own work compensation claim. It is important to remember that employers will have their own work comp attorneys representing their interests. Worker’s compensation lawyers can also help if a work injury was caused by a third party or if it has led to discrimination or workplace harassment.

Florida workers who sustain an injury at work while engaged in their normal job duties may be able to receive worker’s compensation. Florida’s workers compensation or workman’s compensation is a no-fault set of laws which provides medical benefits and lost wage compensation to injured employees.  Florida workers can receive work comp insurance without filing a personal injury claim in court and proving their employer was negligent for their work injury. In exchange for immediate benefits, the employee accepts a limited monetary benefit from their employee which may be less than they could have won in court.

Workers comp insurance covers a variety of work injuries and occupational illnesses. Most Florida employers are required to provide work injury compensation to employees who sustain a variety of work injuries including:

• 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

Workers comp insurance does not cover all injuries which occur at work. Employees who are injured while intoxicated, rough housing, engaged in a voluntary, recreational activity or travelling to and from work may not receive work injury compensation.

Florida Workers Compensation Benefits

Florida worker’s compensation provides a variety of immediate benefits to Florida workers who suffer an injury at work. Work injury compensation can include: medical benefits, temporary total disability benefits, temporary partial disability benefits, vocational rehabilitation and death benefits to surviving spouses and children.

• Medical Benefits – Florida worker’s compensation benefits include all reasonable and necessary medical care for a work injury. Doctor’s visits, hospital stays, medical screenings, laboratory services and medications are all covered by workman’s comp insurance.
• Temporary Total Disability Benefits – Florida workers who suffer a work injury and are unable to work can receive temporary total disability benefits which are 2/3 of their regular wage. Benefits do not begin until 7 days of missed employment. If the work injury last more than 21 days the first seven days are paid.
• Permanent Partial Disability Benefits – Florida workers who suffer an injury at work and are able to return to work but due to their residual disabilities can not make 80% of their previous wage amount may be eligible for permanent partial disability benefits.
• Permanent Total Disability Benefits – Florida workers who sustain an injury at work and can not return to any type of employment may be eligible for permanent total disability benefits.
• Death Benefits – Surviving beneficiaries of Florida workers who die within one year after their work injury or 5 years of being continually disabled from their work injury or occupational illness may receive $150,000 in work injury compensation. Burial benefits are also allowed up to $7500 through Florida’s workers comp insurance.
• Vocational Rehabilitation Assistance – Florida workers who suffer an injury at work and due to their work injury are unable to continue in their current employment may receive vocational rehabilitation services to help them re-enter the workforce.

Do I Need a Florida Worker’s Compensation Attorney?

Florida workers can file their own workers compensation claim or they can hire a worker’s compensation lawyer to help. Florida employers and their adjusters will always have their own work injury attorneys working for them. Work comp attorneys can help employees make sure their work compensation claim is filed correctly and they receive all the wage benefits and medical care they need to return to work.

Work injury lawyers should be contacted if the work injury was caused by a third party or if the Florida employee is the victim of workplace discrimination, harassment or has been demoted or fired because of the work injury.

Oakland, California, workers who sustain an injury at work may be able to receive a fixed monetary benefit through California’s workers compensation insurance. Workers compensation or workman’s comp was established to reduce the number of personal injury lawsuits filed by employees who were injured on the job. Workers compensation generally provides medical benefits and some type of lost wage compensation without the employee having to prove in court their employer was negligent. In exchange, the worker may forfeit some of the work injury compensation they may have recovered through a personal injury claim.

Workers comp insurance does not cover all work injuries but provides benefits to the employee only if the work injury occurred while the employee was engaged in their “normal” job duties. Work injuries caused by drug or alcohol intoxication, while travelling to and from work or from a worker’s intentional actions to injure themselves may not be covered.

The majority of Oakland employers, under California workers compensation law, are required to provide worker’s compensation insurance for workers who suffer an injury at work or who experience an occupational disease. Common conditions which may be covered 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

Oakland Worker’s Compensation Benefits

Oakland workers comp insurance may provide a variety of benefits including: permanent disability payments, vocational rehabilitation benefits, death benefits for surviving dependents and medical benefits.

• Medical benefits – Oakland employees who are injured at work will receive medical coverage for the medical costs associated with their work injury. These benefits can continue indefinitely or until their medical doctor determines they are unnecessary. Expenses which are paid may include: doctor’s services, laboratory costs, prescription medications, chiropractic care and hospital stays.
• Temporary disability- Oakland workers who suffer an injury at work and are unable to work for at least 3 days may receive temporary disability payments which will include wage replacement. Worker’s compensation for lost wages will be 2/3 of the lost wage amount up to California’s worker compensation limit.
• Permanent Disability- Oakland workers who suffer an injury at work may receive permanent disability if their medical doctor determines their work injury is permanent. Workers comp insurance will determine the permanent disability payment amount by considering the age of the worker, the date of the work injury, the employee’s occupation and the employee’s remaining ability to work.
• Vocational Rehabilitation – Oakland workers who sustain an injury at work and are unable to perform their job may be eligible for vocational rehabilitation benefits which can include job training. Workers compensation law establishes a monetary limit for vocational rehabilitation.
• Death benefits – Dependents of Oakland workers who are killed from their work injury may receive workers comp death benefits. Worker compensation death benefits can include lost compensation and burial benefits.

Do I Need an Oakland Worker’s Compensation Attorney?

Many work compensation claims are resolved with very little difficulty, but others may be denied. An Oakland work injury lawyer can answer all of your questions, make sure your employer has your best interest in mind and provide you with the medical coverage and wage benefits you need to take care of yourself and your family.

If your work injury was caused by a defective third party product you may be able to receive compensation from the manufacturer of the product by filing a personal injury claim. Worker comp attorneys can also help if you have been demoted, fired, harassed or discriminated against due to your work injury.