Industrial Injury Attorney in Savannah

Georgia Workers’ Compensation Benefits for Industrial Injuries

Injured workers and the families of workers who have died from job-related injury or illness are eligible for workers’ compensation benefits to pay for medical expenses and assist with lost income. A proper workers’ compensation settlement also includes benefits for wages unrealized in the future if a worker has suffered a permanent disability.

Workers’ compensation is a no-fault insurance program that almost all Georgia employers must enroll their employees in. A covered worker qualifies for benefits if the injury or illness happened while on the job or while performing job duties.

If an industrial site accident or injury has put you out of work for more than seven days, you may qualify for workers’ compensation benefits in Georgia.

These workers’ compensation benefits include:

• Medical Benefits: This includes reimbursement for all money spent on medical care related to a qualifying injury or illness.
• Temporary Total Disability Benefits: These are paid if an injury or illness puts an employee out of work but the worker is expected to fully recover and resume work. The payment is two-thirds of the previous average weekly wages, up to a periodically adjusted maximum defined by law. For non-catastrophic injuries, benefits are paid for up to 400 weeks. There is no time limit for catastrophic injury payments.
• Temporary Partial Disability Benefits: These are paid if an injured employee returns to work in a job that pays less than he or she previously earned. The payment is two-thirds of the difference between the employee’s average weekly wages before and after the injury. Benefits are payable for up to 350 weeks.
• Permanent Partial Disability Benefits: These are paid for a permanent disability based upon a percentage reported by the treating physician and in accordance with a formula under workers’ compensation system law.
• Death Benefits: These include payments for funeral / burial expenses up to a maximum amount allowed, as well as two-thirds of a deceased worker’s average weekly wages paid to eligible dependents.

Note that there is no “permanent” total disability benefit, but the temporary total disability benefit for a disabling catastrophic injury would not end unless the worker’s condition changed for the better. Catastrophic injuries are those involving amputations, severe paralysis, severe head injuries, severe burns, blindness, or injuries of a nature and severity that the employee is unable to perform his or her prior work or hold any other currently available employment.

A worker who has suffered catastrophic injury also qualifies for rehabilitation at the employer’s expense from a practitioner who has expertise in handling catastrophic cases. This person would assist in managing medical care as well as any other assistance needed as the worker recovers from the accident.

It is not unusual for severely injured workers who qualify for workers’ compensation to have trouble obtaining all the benefits they deserve. Employers fight claims to avoid paying higher workers’ compensation insurance premiums. Workers’ comp insurers fight claims to save money, as well.

The Savannah personal injury lawyers at Spiva Law Group, PC, our workers’ compensation attorneys fight aggressively for the full benefits our clients are owed.

Filing a Accident Claim Over Industrial Site Injury Negligence

Because employers provide no-fault workers’ compensation insurance, they cannot be sued by an injured employee after an workplace accident, even if the employer’s negligence caused the accident. However, this protection applies only to the injured worker’s employer. Other parties whose negligence led to an accident can be held accountable through a personal injury lawsuit.

Work site injury accountability may include:

• Contractors
• Subcontractors
• Engineers
• Architects