Injuries can occur in any workplace environment, which is why most states require employers to have workers’ compensation insurance. However, it can be difficult for injured employees know what to do after a workplace accident in Winder.
If you have been injured on the job, there are several important initial steps you should take immediately after the accident to preserve your right to compensation. At Smith Hulsey, our experienced attorneys could help you understand the process of filing a claim and obtaining benefits.
For those who have sustained injuries at work or have been diagnosed with illnesses caused by their work environment, there are three steps that should be taken immediately.
Injured employees must inform their superiors of the injuries or illnesses they sustained in the workplace within 30 days of their accident or diagnosis. Failure to do so could result in the denial of any subsequent workers’ compensation claim.
A medical professional should be able to provide a report that states the employee’s injuries and the recommended treatment. This report plays an important role in determining what medical benefits the claimant is entitled to.
It is best to get all injuries or suspected illnesses addressed by a medical professional as soon as possible. Delaying medical evaluation and treatment can be detrimental to the injured party’s health and may hurt their potential workers’ comp claim.
Once a doctor or specialist has examined and confirmed the injury or illness, the employee needs to file a claim with the State Board of Workers’ Compensation. In doing so, they must fill out a notice form that should then be copied and given to their employer and employer’s insurance provider.
In Georgia, the statute of limitations for filing a workers’ compensation claim is typically one year. However, there are circumstances under which that time frame may be extended. Even if an individual is granted more time to file, it is always best to do so sooner than later. The sooner they file, the sooner they can start receiving benefits if the claim is approved.
The point of workers’ compensation insurance is to protect both the employee and the employer in case of a work-related injury or illness. If a worker is pursuing a workers’ compensation claim, they are unable to sue their employer for the accident in question.
However, the injured party can take legal action if their employer knowingly fails to obtain workers’ compensation insurance. Refusal of this type of insurance can result in hefty fines, criminal convictions, and even jail time for employers. Our local attorneys could further explain what to do after a workplace accident for those considering a civil claim.
A workers’ compensation settlement offers one lump-sum payment to the injured party upfront, as opposed to ongoing workers’ comp checks. Settlements are typically offered for lost wages, medical expenses, or both.
Settlement amounts are determined based on current and future treatment costs and loss of income. To determine how best to handle their workplace accident in Winder, claimants should consult an attorney.
Trying to manage a workers’ compensation claim on your own can be overwhelming. Consulting an experienced lawyer who knows what to do after a workplace accident in Winder allows you to focus on your treatment and recovery. For specific guidance on how to protect your legal rights to compensation, contact our law firm today.
Smith Hulsey Law