Requirements to File for Workers’ Compensation in Gainesville

For a person to be eligible for workers’ compensation, the base requirement is an injury that arises out of the course and scope of their employment. Essentially, this means that an employee must have been injured while performing their job duties. However, the Georgia Workers’ Compensation Act also outlines various steps for filing necessary documents and complying with deadlines.

To ensure that you meet all requirements to file for workers’ compensation in Gainesville, it is recommended that you work with an experienced attorney. Our knowledgeable team at Smith Hulsey could walk you through every step of the process and offer crucial legal insight on receiving the benefits you are entitled to.

Employer and Employee Obligations under the Workers’ Compensation Act

For an employer in Gainesville to be subject to the Workers’ Compensation Act, their company must have three or more employees regularly in service. If this is the case, they are required to have workers’ compensation insurance and abide by the Act.

The criteria for an employee filing for workers’ compensation benefits is that they must been acting within the scope of their employment when they were injured. Basically, if the worker was doing what they were supposed to be doing where they were supposed to be doing it when they were hurt, they are likely eligible for workers’ comp.

Deadlines to File for Workers’ Comp in Gainesville

If a person is injured while on the job, it is crucial that they file for workers’ compensation in a timely manner. There are numerous statutes of limitations in this area of law that can bar an injured employee from seeking benefits. Specifically, they must file according to one of the following deadlines:

  • Within one year of their date of injury
  • Within one year of having medical treatment paid for by the employer
  • Within two years of the last time they received an income benefit from an employer

A well-informed local attorney could further explain the relevant deadlines and ensure that a workers’ compensation claim is filed on time.

Required Forms for Workers’ Compensation Benefits

To claim workers’ comp benefits, an injured employee and their lawyer must first file an initiating form called a WC-14 notice of claim. This preserves the worker’s right to pursue a claim for benefits and prevents the statute of limitations from running out.

Additionally, a worker must file a WC-14 notice of hearing to pursue a claim in the administrative law arena or to seek denied benefits. Our legal team could assist a Gainesville resident in correctly filing all necessary workers’ comp documents.

What Information is Needed for a Workers’ Compensation Claim?

Discussing the facts of a Gainesville work injury with a skilled lawyer enables them to better determine what a person is entitled to recover and how to achieve their desired result. The following information may be useful in pursuing a claim for workers’ compensation:

  • The date of the accident
  • The employer
  • How the injury happened
  • If the employee was shown a panel of physicians
  • If the employee has already received any type of benefit
  • The name of the insurance adjuster
  • What the interaction the employee has had with the adjuster

Consult an Attorney on Requirements to File for Workers’ Compensation in Gainesville

At Smith Hulsey, our lawyers have significant knowledge of the Georgia Workers’ Compensation Act and the benefits that an injured employee is entitled to. We also understand the requirements to file for workers’ compensation in Gainesville and could assist in completing all the necessary steps.

If you were hurt while on the job, work with a legal team that has years of experience representing these types of cases. Call us today to learn how we could empower you to successfully navigate the workers’ compensation system.

Smith Hulsey Law

Smith Hulsey Law
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