Under Georgia law, every employer with more than three employees is required to carry workers’ compensation insurance. At the law firm of Hilley & Frieder in Atlanta, our attorneys represent workers throughout Georgia who have been injured on the job, including undocumented workers. The following are just a few examples of the types of workers we represent:
Independent contractors may be also be eligible if they should have been classified as employees under Georgia law. Some employers misclassify workers to avoid paying them benefits.
Employees who are based in Georgia and suffer work injuries outside the state are entitled to Georgia workers’ compensation benefits. They should notify their employers of the accident within 30 days and file their claims in Georgia.
You can continue to receive Georgia workers’ compensation benefits even if you move outside the state.
If you live in Alabama, Tennessee, Florida, South Carolina or North Carolina, but are injured in Georgia, you may still have a Georgia workers’ compensation claim. If your employer is based in Alabama, Tennessee, Florida, South Carolina or North Carolina, but you are injured in Georgia, you may still have a Georgia workers’ compensation claim. You may have a choice of which system is the one for your case. You should look at each state where you can file a claim and decide which state’s workers’ compensation is best for you.
The amount of workers’ compensation benefits you receive and how you get those benefits is different in different states. If you have a choice of where to file, you should talk with a workers’ compensation lawyer for each state from which you can choose before you decide. Usually the state suggested by the insurance company is the best state for it, not for you.
We represented a worker who worked from Georgia, but was injured in Tennessee. The insurance company started his claim in Tennessee. We moved the claim to Georgia and increased his weekly benefit from less than $155 per week to $500 per week going back to the date of injury. The increased weekly benefit helped support him while he finished getting treatment for his injury. Also, since any settlement is tied to weekly benefits, the tripling of his weekly benefit made a tremendous difference in the settlement that he received.
We represented a worker who lived in Alabama, but worked in Georgia. The insurance company started his claim in Alabama, where he was paid $212 per week. We moved the claim to Georgia, where we raised his benefit to $500 per week going back to the date of disability. The increased weekly benefit helped support him while he finished getting treatment for his injury. Also, since any settlement is tied to weekly benefits, the tripling of his weekly benefit made a tremendous difference in the settlement that he received.
Most activities of employees traveling outside the state are covered by workers’ compensation insurance, but there are exceptions. For the purposes of filing a workers’ compensation claim, you are considered a Georgia employee if:
As an injured employee, you have rights, and you should not hesitate to exercise those rights. If you have been injured while traveling outside Georgia, Hilley & Frieder can represent you, seeking all of the workers’ compensation benefits you deserve.
If you qualify for workers’ compensation as an injured or ill employee in Georgia, you could be eligible for a few different categories of financial benefits. The types of benefits and the value of your insurance claim will depend on factors such as the severity of your injury and how long it will impact your ability to work. Every case is unique, which is why it’s important to consult with a Georgia workers’ comp attorney before accepting a quick settlement. An attorney will help you fight for your fair case value.
You may be entitled to the following types of workers’ compensation benefits as an eligible worker in Georgia:
Workers’ compensation maximums are set by state law in Georgia and updated annually. In many cases, payments are adjusted as a worker heals. Before you accept a workers’ compensation settlement, consult with an attorney to learn the true value of your injury case. If you have grounds to file a personal injury lawsuit, this may be a better option, as it could pay for 100 percent of your lost wages and pain and suffering. A lawyer will assess your options and guide you toward the best choice for your specific situation.
Workers’ compensation benefits are not a guarantee. Even if you are eligible, you may run into problems securing the benefits that you deserve from an insurance provider. The insurance company may set an expiration date on your benefits that you do not agree with, for example. The best way to avoid losing your workers’ compensation benefits in Atlanta is by working with an attorney to protect your rights.
A lawyer will help you take all of the steps necessary to qualify for workers’ compensation, such as seeking immediate medical treatment, reporting your injury to your employer by the deadline, and filling out and submitting the required claims forms. If your workers’ comp checks suddenly stop, your lawyer can help you collect evidence to prove that you still require ongoing care, such as medical records or a note from your doctor. Listening to your lawyer and following Georgia’s workers’ comp laws can help you maximize your payout and prevent the premature termination of your benefits.
For a free consultation about a workers’ compensation claim, contact Hilley & Frieder. We represent clients throughout Georgia from our Atlanta offices. Call us at 404-233-6200 or complete our contact form.
Ronald Hilley was the contributing attorney to this content.