Most workers rarely think about workers’ compensation until they need it for an injury they’ve sustained on the job. Unfortunately, this means that when it’s time to file a claim, they are uncertain about how to initiate and navigate the workers’ compensation system, or even wonder if they are eligible to receive any benefits at all.
Below is a comprehensive guide to the eligibility requirements for Georgia workers’ compensation and some tips on how you can be sure that you meet these requirements and successfully file your claim. If you need immediate help or have a question about workers’ compensation eligibility in Georgia, we encourage you to call Ramos & Law for a free consultation.
Who is Eligible for Workers’ Compensation in Georgia?
Many, though not all, workers who are injured on the job in Georgia are eligible for workers’ compensation. Below is a breakdown of who may receive benefits and who may not.
Employees
If a worker is considered an employee, they are generally eligible for workers’ compensation benefits if their injuries occurred at work while performing their reasonably expected duties. This includes retail, construction, healthcare, food service, and administrative jobs. Additionally, Georgia state government, as well as county and municipal workers are eligible for workers’ compensation benefits when they have been hurt at work.
Federal Employees
While state and city employees are covered by workers’ compensation, federal employees are usually exempt. Instead, injured federal employees can file under the Federal Employees Compensation Act (FECA) which offers similar protections.
Independent Contractors
True “independent contractors” are not eligible for workers’ compensation benefits. However, in some cases, independent contractors have successfully recovered workers’ compensation benefits because they were miscategorized by their employers in order to avoid paying benefits.
Seasonal or Temporary Workers
Like traditional employees, seasonal and temporary workers usually have a right to pursue workers’ compensation if they are injured on the job. However, some may be disqualified depending on their occupation. Farm workers are one such group that is generally considered exempt. That being said, employers may voluntarily offer health insurance or workers’ compensation insurance to these types of workers.
Undocumented Workers
So long as they are considered an employee (whether full/part-time, temporary, or seasonal), undocumented workers are typically eligible to receive workers’ compensation if they are injured on the job. However, undocumented workers may face unique challenges when it comes to filing, especially if they are unfamiliar with Georgia workers’ compensation law. In these unique cases, it is highly recommended that they hire an experienced workers’ compensation lawyer or firm like Ramos & Law.
What is Considered a Workers’ Compensation Injury?
Beyond a worker’s job classification, the nature of the injury that they’ve endured is also an important consideration. Here are some important considerations regarding eligible workplace injuries in Georgia:
Where the injury happened: In most cases, if an employee’s injury arose out of and was in the course of his or her employment, it usually doesn’t matter where the injury actually occurred. For example, a landscaper is likely to be equally eligible for workers’ compensation regardless of whether they were injured on company property, at a client’s property, or even in the car on the way to the client’s property. However, if the injury occurs while they are on break, clocked out, or doing something that is not aligned with their typical responsibilities, their eligibility may be contested and ultimately disqualified.
How the injury happened: Unlike a personal injury suit, an injured worker is not required to prove that their injury happened due to the negligence of their employer. In fact, an injured worker is likely still eligible for workers’ compensation, even if their injury was their own fault, so long as it occurred while performing their typical duties. That being said, an employee’s claim may be denied if it’s found that their injury resulted from intentional misconduct or gross negligence. For example, if a painter falls off a ladder from a simple misstep, they will likely still be eligible for workers’ comp. However, if it’s found that the employee was intoxicated at the time of the incident, their claim may be denied.
How Long Do You Have to File a Workers’ Comp Claim in Georgia?
As an injured worker, you are required to adhere to specific deadlines to be approved for benefits. You must report your injury to your employer within 30 days. Generally, you have one year from the date of the incident to file an official claim with the workers’ compensation board. However, this statute of limitations may be extended depending on the facts. It is crucial that you contact a workers’ compensation lawyer to make sure you file your claim timely. Failure to do so may bar your recovery from the outset.
Consult a Georgia Workers’ Compensation Lawyer for Help With Your Work Injury Claim
As you can see, determining eligibility in workers’ compensation cases involves a number of different factors. Ideally, a worker who meets all the requirements will receive the benefits they are entitled to. Unfortunately, this isn’t always the case. The insurance representatives who investigate a worker’s claim may intentionally provide you with false information to dissuade you from filing a claim or simply decide to deny your claim for no reason.
When it comes to making sure that a workers’ comp case is handled fairly, hiring a lawyer is generally considered the most effective strategy. A workers’ compensation lawyer is well-versed in local and state laws and understands what factors may cause a claim to be approved or denied. If the attorney suspects that the client’s claim is unfairly denied, he or she can build a case against the insurance company and attempt to recover workers’ compensation benefits by filing the necessary forms with the Georgia State Board.
Whether you’re just beginning the filing process, or you believe that you’re being unfairly treated by your employer or their insurance company, Ramos & Law can help. Our team is dedicated to resolving the many complications when it comes to successfully filing a workers’ comp claim and ensuring that you have the best possible chance at maximizing your claim and ultimate settlement. Contact us today for a free consultation.