How to File a Law Suit After a Work Related Injury in Atlanta, Georgia
Work related injuries can take various forms, ranging from having something fall on you while working on a construction site to something as simple as falling on a slippery floor. According to the law, all injuries that happen while carrying out the duty given to you by your employer is regarded as work-related injury
Almost all injuries which can occur during the process of working in Georgia fall under the umbrella of the Georgia Workers’ Compensation System.
What Qualifies Under Workers’ Compensation?
Any work-related injury that directly involves the employee and the employer is included in the employee’s compensation claim. It is applicable in a “no fault” system. This implies that the blame is not place on the employer or the employee. It was established to serve as insurance for employees who get injured while working. It also protects the employers from outrageous lawsuits.
Are You Eligible for Workers’ Compensation?
The compensation eligibility is determined by only one factor: you have to be a worker in the firm where the injury happened. It has nothing to do with citizenship or age. This protection also covers prisoners.
Furthermore, in the instance of longshoremen and harbor workers, they can either file with the Federal or Georgia Workers Compensation Insurance.
How Do You File?
You have up to 30 days to inform your employer if he/she did not witness the accident. After which you have up to 12 months to process a WC-14 claim with Georgia.
Workers Compensation Commission.
A written notice is required to show that you have a good reason if you miss the deadline. A part of or all of you claim may be forfeited. More so, it is unlikely that the administration of you’re the firm where you work will authorize compensation payments if the claim is issued a prolonged period.
What Do You Do After You File?
If it becomes necessary, for instance, if the boss doesn’t start paying the compensation at the appropriate time or if they are not willing to make payments at all, you can draw the attention of the board to call for a hearing. Your employer and his/her insurance representative as well as you in person are to be in attendance.
You can still appeal the board’s decision if you wish. You may make use of the Georgia State Court System to do this.
It is also possible for Workplace Injuries to fall outside Workers Compensation Jurisdiction.
All direct dealing between employee and employer is covered by the Workers Compensation. This implies that the employer is free from any potential liability. Note that an injury at workplace might be caused by an outsider i.e. not the employer or employee’s fault. If the employer engages in deliberate acts to put the employee in harm’s way, Workers Compensation will not protect the employer. Whatever the scenario, the employer is responsible and can be on the receiving end of a legal action.
Both personal injury and workers compensation cases are covered by the Haug Law Group. To get a free consultation, call us at 1-844-428-4529 (1-844-HAUG LAW).