Who Can File for Workers’ Comp?

Some jobs are hazardous, and any accidents can result in severe injuries. However, injuries at work can occur no matter what you’re doing. The time it takes to recover from an injury sustained at work is frequently worse than the actual injury. You’re losing money while improving your health so you can resume working.

That is the purpose of workers’ compensation. It only makes sense to be compensated for an injury sustained while carrying out work-related duties. After all, you wouldn’t have been hurt if you hadn’t been performing that specific job. But does workers’ compensation cover every injury that could occur?


How Does Workers’ Comp Work?

Employees who sustain an injury at work may file a workers’ compensation insurance claim. Workers’ compensation insurance is required for the majority of American workplaces. In Georgia, workers’ compensation benefits are available starting on the first day of employment.

An employee must sustain an injury while performing work-related duties to qualify for workers’ compensation. This could be an immediate injury, like a fracture or laceration or a repetitive strain injury. No matter what kind of injury it is, it must be proven that your work brought it on.

An injured worker must receive medical attention from a licensed doctor to certify the injury. The best action is to immediately notify your employer of the injury and schedule a medical appointment. There is a genuine possibility that you won’t be able to pursue compensation if you wait longer than a month.

Workers’ compensation will cover your medical bills or physical therapy costs. You are entitled to compensation to help you make up for lost wages if your injury prevents you from working. When your injuries make it impossible for you to return to work, workers’ compensation can help you pay for new skill training to seek other employment.

Know More: What Are My First Steps After a Workplace Injury in Atlanta?

Can I File for Workers’ Comp?

There is a good chance that you will be able to file for workers’ compensation if you have been hurt at work, but this isn’t always the case. Despite what we said earlier, not all businesses are required to offer workers’ compensation.

It’s possible that the company you work for doesn’t have workers’ compensation insurance if it has fewer than three employees. If you’re a small business founder with only two employees, chances are good that you would be aware of your insurance status. However, it’s not always the case.

Not all employees are workers. This is particularly true today in what is known as the gig economy. Despite receiving payment from the company, independent contractors, consultants, and freelancers are not business workers. However, being an independent contractor does not automatically disqualify you from receiving workers’ compensation benefits.

The court may consider the amount of work independent contractors perform for the business, their level of control over their work, and other factors about their interactions with the business.

Like volunteers, workers’ compensation generally does not apply to them, but there are some circumstances in which it might. Some businesses will decide to increase their coverage, or the law may make an exception in certain circumstances. Many states make an exception for volunteer firefighters, which makes sense given how hazardous their work is.

In addition to proving that you were an employee, you must also demonstrate that your work-related injury led to your injury. It would help if you also were unable to work due to the injury. Additionally, you have thirty days to submit a workers’ compensation application.

You can submit a workers’ compensation claim if you can check each of these boxes.

How Long Does Workers’ Comp Last?

Up to 400 weeks may pass under workers’ compensation. This indicates that it has a lifespan of roughly 7.5 years. However, this does not imply that you will receive the same number of benefits throughout the period.

People are frequently only able to return to work part-time or with restrictions. Their workers’ compensation benefits would be lessened in these circumstances. Your workers’ compensation benefits would be stopped if you could resume working without restrictions. You may continue to receive benefits for up to 350 weeks even if you can only find lower-paying employment when you return to work.

If you sustain severe injuries that render you permanently disabled, you may be qualified to receive workers’ compensation benefits for the rest of your life.

Sometimes people who think they are ready to return to work are not fully recovered and need to take more time off for healing. In these situations, you will need to contact the insurance provider to inquire about restoring the benefits. It is pretty simple to get the benefits reinstated if you take action within thirty days, but if you wait for longer, you’ll probably have to start the application process over.

Where Can I Get Help with My Workers’ Comp Claims?

Working with a lawyer specializing in workers’ compensation cases is the best way to get assistance with your workers’ compensation claim. It takes a lot of work to get your compensation in the first place, and insurance companies have financial incentives to try to minimize claims or refute them.

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