Frequently Asked Questions
Frequently Asked Questions
What is the cost of hiring an attorney?
Do I need an attorney if I am injured on the job?
What are my rights if I am injured on the job?
What if my claim is denied?
What types of claims does the Law Office of Brian H. Sumrall handle?
Does it matter if my job injury was my fault?
How long do I have to file a workers' compensation claim?
The Georgia Workers' Compensation Act provides that you have one year from the date of your accident to file a Notice of Claim. However, if you employer has provided medical treatment as a result of your job injury or if you are able to continue working following your injury, this deadline is extended. Of course, if you are uncertain about whether the statute of limitations has run in your case, it is best to consult an attorney.
How long does workers' comp last in Georgia?
In the state of Georgia, the duration of workers' compensation benefits depends on the severity of the injury and the capacity for the injured employee to return to work. Typically, injured workers may receive Temporary Total Disability (TTD) benefits, which consist of two-thirds of their average weekly wage (up to a state-determined maximum per week) for up to 400 weeks from the date of the accident. However, if the employee's injury is deemed to be catastrophic, such as severe spinal cord injuries, amputations, or severe brain injuries, they may qualify for lifetime benefits under the Georgia Workers' Compensation Act. In the case of Temporary Partial Disability (TPD), wherein an employee can still work but with reduced capacity, benefits are provided at two-thirds of the difference in wages (up to a state-determined maximum per week) for up to 350 weeks after the injury. It is essential to note that specific limitations, exceptions, and requirements may apply to each case, so consulting an experienced workers' compensation attorney can help ensure that injured workers receive the appropriate benefits for the appropriate duration.
Does my pre-existing injury or condition bar my right to file a workers' compensation claim?
No. In Georgia, you are still entitled to workers' compensation benefits if you aggravate or exacerbate a pre-existing condition on the job. It is common for people to have pre-existing injuries but still be able to work. However, if your job aggravates that condition and you become unable to work or need medical treatment, you are entitled to workers' compensation benefits as a result of the aggravation.
I was injured in another state but I work for a Georgia company. Do I have a Georgia workers' compensation claim?
Probably. Jurisdiction for workers' compensation claims can be complex, and an injured worker may have his choice of jurisdiction in some circumstances. You can file a workers' compensation claim in Georgia if you were physically in Georgia when you were injured, if you were working for a Georgia company at the time of your injury, or if your contract of hire was completed in Georgia. If you are unsure about the proper jurisdiction for your work injury claim it is important that you contact an attorney to ensure that you are filing in the correct jurisdiction.
If you or someone you know has sustained workplace injury, contact Atlanta workers' compensation lawyer Brian H. Sumrall today.
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