Atlanta Attorney - Workers Compensation
Workers' compensation is a no fault system that provides
income and medical benefits to individuals who are injured on their jobs, There
is no recovery for pain and suffering under this system. An injured worker who
is not able to perform his or her job is entitled to receive 2/3 of his or her
average weekly wage with a maximum weekly benefit of $450.00 for injuries
sustained after July 1,2005. The maximum benefit for injuries from July 1,2003 -
June 30, 2005 is $425.00. The maximum payment for injuries sustained from July 1,2001
to June 30, 2003 is $400 per week. The maximum benefit for injuries sustained
from July 1,2000 to June 30, 2001 is $375.00. These benefits are not taxable.
The maximum period that benefits will be paid is 400 weeks from the date of
injury, If you are released to return to light duty work, the maximum benefit
period will typically be shortened to 350 weeks, Individuals who sustain
catastrophic injuries such as spinal cord injuries, closed head injuries and
amputation injuries may be entitled to lifetime benefits.
If you return to light duty work following an on-the-job injury and sustain a
wage loss, workers' compensation will pay 2/3 of the difference between your pre-injury
wage and your new wage. This is known as temporary partial disability benefits.
The maximum temporary partial rate for injuries sustained after July 1,2005 is
$300.00 per week.
The workers' compensation carrier is responsible for paying all of your injury
related medical bills. However, in order to receive medical treatment, you must
report your injury immediately to a supervisor on your job. Injuries reported
later than 30 days after they occur will not be covered by workers' compensation.
An injured worker is required to select a physician from the Panel of Physicians
that is posted by his or her employer, There is a one time right to make a
change from one physician on the panel to another. If the employer does not have
a properly posted panel, only then can you go a doctor of your choice. The
workers' compensation insurance carrier will reimburse you at the rate of 28
cents per mile for travel to and from medical appointments and to and from
pharmacies to pick up prescriptions for injury related treatment. The carrier
will also pay 100% of all prescription costs as long as they are injury related.
You also have the right to a one time Independent Medical Evaluation with a
doctor of your choice within 120 days of the receipt of income benefits,
Workers' compensation will pay injured workers for permanent disabilities that
they suffer on the job. The amount of the payment will depend upon an impairment
rating that will be determined by your authorized treating physician. Workers'
compensation cases are often settled at the conclusion of your medical treatment.
Settlements typically include a lump sum payment of money and a provision for
ongoing medical treatment paid for by the workers' compensation carrier for an
agreed upon period of time. It is advisable to have an experienced workers'
compensation attorney represent you so that your case can be handled properly
from the time of injury to its conclusion. Worker's compensation cases can
become quite complicated and expert advice can properly guide you through the
system. Retaining an attorney early in the process lets the attorney help the
client avoid making errors in the conduct of the case. Worker's a comp insurance
companies are always looking for ways to reduce the monies they have to pay out
and they like nothing better than an injured worker who is uninformed.
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The above is not legal advice. That can only come from a qualified attorney
who is familiar with all the facts and circumstances of each individual case and
the relevant law. See Terms
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