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.

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 of Use.