Workers’ compensation is an accident insurance program in the state of Georgia. It is paid by the employer and provides an injured employee with medical, rehabilitation, and income benefits if he or she is injured on the job. If the employee dies as a result of a job-related injury, the workers’ compensation insurance program provides benefits to the deceased employee’s dependents.
This is part one of a two-part series on workers’ compensation insurance in Georgia. Visit our site at http://www.berelclawoffice.com to access part two of the series.
Determination of Eligibility for Workers’ Compensation Benefits
To receive workers’ compensation benefits in Georgia an injured person must prove the following:
- You must be an employee;
- Your employer must carry workers’ compensation insurance;
- You must have a work-related injury or illness; and
- You must file a claim in a timely manner. (O.C.G.A. 34-9-82).
Can I File a Workers’ Compensation Claim?
In Georgia, the basic rule as to whether an employee/employer relationship exists depends on whether a “person is in the service of another” and that person is “under a contract of hire.” (O.C.G.A. 34-9-82). You must work for a business with at least three employees to be able to file a workers’ compensation claim.
No written contract is required to prove an employee/employer relationship. Also, actual pay may not be necessary to establish an employee/employer relationship. For example, a volunteer firefighter may file a claim for workers’ compensation insurance if he or she is injured while fighting a fire. That the volunteer firefighter is not paid for her work does not prevent her from receiving workers’ compensation benefits following a job-related accident.
Some employees and employers are not subject to workers’ compensation. Those include domestic servants, farm laborers, railroad common carriers, sports officials, licensed real estate salesperson with independent contractor agreements, partners in a business, and independent contractors.
How Long Can I Receive Workers’ Compensation?
You may be able to receive two-thirds of your weekly earnings, up to a maximum of $575 as a weekly income benefit if you are away from work for more than seven days because of a workplace injury or illness. This weekly income benefit may last up to 400 weeks, depending on the nature of your injury. (O.C.G.A. 34-9-82).
Have You Been Injured at a Workplace?
Contact the Livonia workers’ compensation attorneys at the Berelc Law Firm at (706) 914-1915 today to find out if you are eligible for workers’ compensation benefits following a job-related injury or illness. A workers’ compensation attorney can take the burden of your claim off your shoulders, allowing you to focus on healing and getting back on your feet. You can also book your appointment online.
The Berelc Law Firm represents injured persons in job-related injuries and other personal injury matters. Our firm assists injured people throughout north Georgia, including Lavonia, Hartwell, Carnesville, Royston, Elberton, Danielsville, Toccoa, Commerce, Comer, Colbert, Bowman, Clarkesville, Athens, Augusta, Hart County, Franklin County, Stephens County, Elbert County, Banks County, Madison County, Oglethorpe County, and Clarke County.