Workers’ compensation, also called workman’s comp, is a type of insurance that allows injured workers to receive payment for lost wages and medical expenses. Most businesses are required to have this kind of insurance. Worker’s compensation is beneficial to employees as well as employers who are shielded from civil liability for workplace accidents.
Although the concept is simple, injured workers could face an uphill battle when trying to obtain workman’s comp benefits without skilled legal representation. At Smith Hulsey, a Flowery Branch workers’ compensation lawyer could help protect an employee’s rights and advise on the protocol for filing a claim.
With few exceptions, employees who are injured on the job should be eligible for workman’s comp benefits. However, if they are hurt while doing something unrelated to their job, they will likely not qualify for benefits.
The first thing a worker should do after suffering an injury at work is inform their employer. This allows the company to begin processing workers’ compensation benefits sooner rather than later. Employees must report their injuries within 30 days to qualify for benefits.
Workers’ compensation benefits usually cover a portion of the injured person’s weekly earnings. Different factors can impact how much the weekly payout is, such as the worker’s:
These factors help determine how much money the injured worker needs to cover their living and medical expenses and how much the employer is obligated to pay while the employee is out of work.
Workman’s comp benefits are paid weekly for a maximum of 400 weeks and generally cease once the injured person returns to work. However, if an employee returns to work with limited abilities due to their injury, they may be eligible to continue receiving payments. A knowledgeable workers’ comp attorney in Flowery Branch could further explain what may be covered in a particular situation.
If an employer does not take action to supply benefits after being notified of a workplace injury, the injured worker can then file a claim with the State Board of Workers’ Compensation anytime within one year from the date of the injury. A seasoned local attorney could advise on whether this is a good option for the work injury case at hand.
Workers’ compensation claims can make things precarious in the workplace. When injured employees return to work, they risk employer retaliation. Employer retaliation for workman’s comp is illegal, but it can occur in many ways. Some examples include employers reducing an employee’s health benefits without their permission or putting them on restricted duty when they are able to return to work as normal.
Many employees do not file for workers’ compensation because they are afraid of retaliation. A dedicated lawyer could help protect against retaliation and advise an injured worker on their legal rights when pursuing compensation.
Injured employees deserve compensation to cover their medical costs and time off of work. If you have been hurt while performing a job-related task, work with a dedicated attorney to pursue your rightful benefits. At Smith Hulsey, a Flowery Branch workers’ compensation lawyer could review your claim and help with every step of the application process. Call to schedule a consultation today.
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