Workers’ compensation provides essential financial and medical support to employees who suffer work-related injuries or illnesses. Understanding how to apply for workers’ compensation in Braselton is critical for ensuring local employees get the benefits they deserve. However, the process can be intimidating and confusing for applicants—especially since they are often dealing with substantial injuries, financial strain, and more.
There are three main criteria for people who want to get worker’s compensation benefits. They must be an employee of a business with worker’s comp insurance, suffer a workplace injury or illness, and comply with reporting requirements. While these criteria seem straightforward, they are nuanced, and you may need the help of a Smith Hulsey Law workers’ compensation attorney to determine whether you qualify and ensure a smooth application process.
While the name of the system is workers’ compensation, it would be better described as employee compensation. The system does not actually cover workers—it covers employees. Workers’ compensation differentiates between employees and other workers based on several factors, including their legal classification and work arrangement.
Employees are workers who are under the control and direction of the employer. They generally receive regular wages, and the employer deducts taxes from their paychecks. Employers must carry workers’ compensation coverage for them. However, employers may try to evade responsibility by classifying workers as independent contractors. Whether that will be successful depends on the level of control the employer has over the employee.
Workers’ compensation does not cover actual independent contractors. Whether someone is an independent contractor depends on the employer’s level of control. Independent contractors generally control their work schedules and determine how to do their work. They may also have multiple clients.
Temporary and seasonal workers are generally employees. Therefore, they may be covered by workers’ compensation coverage. However, the nature of the work and the number of employees can both impact whether the employer must have coverage.
Determining whether workers’ compensation will cover a worker’s injuries or illness is critical. It helps workers decide whether they should apply for workers’ compensation. However, if they do not qualify for benefits, that does not mean they have no remedies. They could have a personal injury lawsuit against the employer.
If you are unsure of how to apply for workers’ compensation or do not know if you even qualify, schedule a consultation with our Braselton team today.
The first step in the workers’ compensation process is informing the employer of the injury. Even if the employer is aware of the injury because it happened in the workplace and was documented at the time of the accident, the employee still needs to notify the employer. Employees have 30 days to report the accident. Failure to report the accident within that period can impact a person’s ability to get benefits. However, exceptions may apply—for example, if a person’s injury is so severe that they cannot report the accident.
Employees need to seek medical care. If an injury or illness is severe enough to qualify a person for workers’ compensation insurance, then the victim should be getting medical care. Employees should get prompt treatment, not only to aid in recovery but also to begin documenting the injury and the care. However, employers can dictate who an employee should see for non-emergency care.
Reporting the injury to the employer is not the same as filing a claim. Injured people need to file Form WC-14 with the Georgia State Board of Workers’ Compensation (SBWC). The employee needs to provide the employer and their insurer with copies of the claim. Employees have one year after the injury to avoid the denial of benefits.
While following up on a claim is not a required step in the process, it is good practice. The insurer typically evaluates eligibility and may ask the worker to provide additional information. Once the insurer approves or denies the claim, the employer may have additional steps in the process. When an insurer approves a claim, the injured person may negotiate for a settlement and begin receiving benefits. If the insurer denies a claim, the injured worker can begin the appeals process.
An attorney in Braselton could explain how to apply for workers’ compensation and guide you through the process.
Determining when and how to apply for workers’ compensation benefits in Braselton can be complicated. Fortunately, the team at Smith Hulsey Law could help you understand the process. Schedule a meeting with one of our lawyers to learn more.
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