People who are injured at work have rights. One of these rights is the right to medical care that will help you heal after an injury. If you are being denied proper compensation following a workplace injury, an experienced personal injury attorney can help you claim the benefits you are owed.
Barrios Virgüez has passionately helped many clients from all backgrounds to claim workers’ compensation benefits. We can assist you in recovering workers’ compensation benefits that pay for medical care or replace your weekly income. A Duluth workers’ compensation lawyer can also help you claim catastrophic benefits if a severe injury occurs.
Suing Your Employer: The Reality
In most cases, you will not be able to sue your employer for a work-related injury because workers’ compensation follows a no-fault system. This means injured employees are allowed to receive a part of their wages and medical benefits even if they or another party is liable for their injuries. This right is given in exchange for employees’ revoking their right to sue their employer.
The workers’ compensation lawyers at Barrios Virgüez in Duluth can help you understand the laws in Georgia related to suffering an injury or illness on the job.
Workers’ Compensation Law
Workers’ compensation is a state-mandated system that allows employees injured at work to recover lost wages, medical costs, and rehabilitation costs regardless of who was at fault in the accident that caused their injuries. Workers’ compensation law protects your employer while also allowing the victims of workplace injuries to collect benefits that help them sustain themselves while injured and unable to work.
Workers’ compensation law prevents employers from paying massive tort settlements to injured employees who pursue civil claims. Employers also surrender the option to levy common-law defenses that would otherwise be applicable in civil cases.
Work-Related Injuries
Many different injuries can fall into the category of work-related injuries. In most cases, a work-related injury describes injuries that happened while you were doing work on behalf of your employer or during the normal course of employment. This can include any of the following:
- Slip and fall injuries
- Falls from height
- Machine related injuries
- Repetitive motion injuries
- Trauma injuries
- Crashes and collisions
- Exposure to harmful substances
- Fire and explosions
- Injuries caused by people or animals
These accidents can be caused by coworkers, or they may be the fault of contractors, vendors, or visitors to the job site. Talk to the Duluth workers’ compensation attorneys at Barrios Virgüez today if you have suffered an injury or illness on the job. Do not let your employer deny you the benefits you deserve.
Who Is Covered by Workers’ Compensation?
In most states, employers must carry workers’ compensation insurance. Though most of these states only require these plans to cover people classified as “employees.” Some states, like Idaho and Wyoming, do not require coverage for undocumented workers.
In contrast, other states, like Arizona, California, and Texas, specifically include undocumented workers in the list of “employees” who must be covered. It is also important to note that some states do not require workers’ compensation for certain classifications of workers. Some examples include:
- Domestic workers
- Agricultural workers
- Seasonal workers
Workers’ Compensation Claims vs. Civil Claims
It may not be immediately clear whether your circumstances warrant filing a workers’ compensation claim or a civil claim. Although most companies are protected from civil claims by workers’ compensation law, there are some situations where a civil claim can be made. For example, if a 3rd party is responsible for your injuries, you may have the opportunity to pursue a legal claim against them rather than your employer.
It is important to leverage the aid of a Duluth, GA workers’ compensation lawyer when you are confronted with the choice of filing a workers’ compensation claim or a civil personal injury claim. By having your case reviewed by an experienced workers’ compensation attorney, you can get the answers you need to make this critical decision.
Workers’ Compensation Income Benefits
Most workers in Duluth will unlikely be able to afford their typical bills if they are injured and can no longer work and earn a living. Paying bills would be even harder if their finances were depleted by expensive medical bills to treat their injuries. That is why the combination of lost income and medical benefits you receive through workers’ compensation is critical to a manageable recovery.
Georgia workers’ compensation benefits include:
Income Benefits for Temporary Disability
If a work-related injury or illness prevents you from working at the required level, you may be due temporary total or partial disability benefits.
If you cannot work because of your injury for at least seven days, you are entitled to receive temporary total disability benefits. These benefits often will not start until you have been unable to work for that time. It is possible to receive payment for the first seven days if you are incapacitated for 21 consecutive days after being injured.
Temporary total disability benefits allow you to collect income equal to two-thirds of your average weekly wage before being injured. There are minimum and maximum amounts that vary from state to state. You are not allowed to receive temporary disability benefits for any longer than 400 weeks unless you suffer a catastrophic injury like a severe head injury, amputation, or paralysis.
Temporary Partial Disability Benefits
If you can work but earn less due to a workplace injury, you have the right to receive temporary partial disability benefits. This is two-thirds of the difference between your weekly earnings before and after your injury. There is a $450 weekly cap on these benefits, and you can only collect for a maximum of 350 weeks from the date of the injury.
Income Benefits for Permanent Disability
If you have received temporary disability benefits until you have reached the limit, you will be assessed for maximum medical improvement. This process is used to determine if you have a disability that is likely to be permanent. If so, you could continue receiving weekly life payments at the same rate as you received temporary disability benefits.
Sometimes, you can also acquire a one-time amount equal to future payments.
A Workers’ Compensation Attorney in Duluth, GA, Will Help You With Your Legal Case
If your employer refuses to accept your workers’ compensation case when you are owed benefits, work with a Duluth workers’ compensation lawyer to litigate your claim. With Barrios Virgüez behind you, it is possible to force your employer to honor your claim.
Our workers’ comp attorneys in Duluth, GA, can answer your questions and ensure that your rights are protected at all times when you are injured or sickened on the job and have missed time at work. Contact us to schedule an appointment to get started with a free, no-obligation consultation.
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