» Georgia Workers' Compensation Claims

How do they determine how much my weekly workers’ comp checks are for?

It is simple math.  They take your average weekly wage, which is the average of your gross (before tax) income for the 13 weeks prior to your accident.  But you don’t get paid this amount. The law only requires the insurance company to pay 2/3 of that amount. For example, if your average weekly wage is $600 then you would receive $400 as your weekly workers’ compensation benefit if you are entitled to it.

How much is my workers’ comp case worth in settlement?

Once again, it depends.  There are many factors in determining the value of your case.  Factors such as: What medical treatment will you need going forward? What is your average weekly wage? What is your permanent partial disability rating?  The list goes on. The best bet is to speak with a workers’ comp attorney at The Van Dora Law Firm for a free evaluation of your case. One important thing to keep in mind is that the only way to get a lump sum in workers’ comp is to settle your case.  The Judge can only order weekly benefits.

How do I know if I need a lawyer for my workers’ comp case?

It depends.  The one thing for sure is, it never hurts to go meet with an experienced workers’ compensation lawyer for a free consultation.  They can review your case and give you recommendations on how to proceed.

What do I do if my claim is denied?

Don’t give up.  Often times claims are denied initially before a successful outcome.  More often than not it is used to help the adjuster have more time to gather information.  It certainly helps to meet with a workers’ comp lawyer to discuss your options. There many things that need to be done quickly in order to make your claim as successful as possible.

When am I entitled to see a doctor after I am hurt on the job?

Immediately.  From day one you are covered under your employer’s workers’ comp insurance.  It does not matter if you have worked for the employer for 20 years or 20 minutes.  If your accident arose out of and in the course of your employment then you have coverage and are entitled to medical and income benefits.

How long until I receive my weekly workers’ comp check?

It depends.  You are not entitled to income benefits or a weekly check until you have missed 7 days of work.  Insurance company does not have to pay until 21 days after your accident. Generally speaking, if you are entitled to income benefits then they must be started within 21 days of your accident.

How do I know if I’m covered under workers’ compensation?

Ask your employer.  Employers have a duty to explain workers’ compensation insurance to their employees.  They must also explain the panel of physicians, which is a list of doctors to choose from if you get hurt at work.  Most employers in Georgia are required to have workers’ comp insurance. There are some exceptions. Generally, you must be an employee and your injury must be work-related.