In Georgia, there are many questions to consider for understanding whether an injured employee qualifies for Workers’ Compensation benefits. An employee who is injured in an on the job accident is faced with the tough battle of healing as well as complex legal issues that are difficult to deal with while recovering. The first step in any claim is to be certain that the employee is eligible for benefits.
The first question to answer is whether the employee was injured during working hours at his/her place of employment. Sometimes, an employee is injured in a car accident while traveling for their employer. Other times an employee might be loaned from one employer to another. What about the employee who works from home? These are all questions that must be answered as the first step when making a claim.
It is very important for the employee to notify the employer of his injury as soon as possible. Failing to notify the employer can result in non-payment of benefits. This does not mean talking with a co-worker about the accident. A person in a supervisory position must be notified. This notification must take place within one year of the accident date.
The next question to answer is whether the employee’s injuries prevent him from performing his normal job duties. Has there been a medical examination that resulted in a doctor’s advice not to work? Has the employer offered a light duty job that the employee can perform?
Qualifying for benefits also depends upon whether the employee has lost income because of his/her injuries. If the employee continues to receive his regular salary while he is not working, then a claim for income benefits is not possible. Sometimes, there is a claim for medical benefits where there is not a claim for income benefits.
An injured employee faces so many questions that need answers. This is a time that having a qualified attorney on your side is of great importance. At our firm, we are honored to represent injured workers and to help them by taking their legal worries away so that they can concentrate on healing.
If you have questions about whether you qualify for benefits or any other concerns about your possible Workers’ Compensation claim, please do not hesitate to contact us. J. Franklin Burns, P.C., at 1-404-303-7770.