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Mr. Elliott represents individuals
who have suffered personal injuries due to work related injuries
before the Georgia State
Board of Worker's Compensation, as well as individuals who have suffered
injuries due to the fault of others, including, but not limited to
the result of automobile accidents, slip and fall and other injuries
occurring on the property of others, in all Courts. Mr. Elliott also
offers services in connection with preparation of Wills and Powers
of Attorney, and administration of estates after death before Georgia
Probate Courts.
Frequently Asked Questions about Workers' Compensation
What is Workers' Compensation?
Workers' Compensation is a system established by law to provide medical
treatment as well as wage loss benefits to workers who are hurt at
work while they are doing what they are supposed to be doing on their
job.
What is the cost of Workers' Compensation to me?
Nothing. The law requires, with some exceptions, that all employers
in the State of Georgia who have three or more employees must provide
benefits to employees injured on the job without cost to the employee.
Will I be paid all of the wages I lose while I am out of work because
I got hurt at work?
No. The basic weekly benefit to which you are entitled is 2/3 of
your average, gross (before deductions) weekly wage but not more
than the
maximum set by law at any given time. The maximum weekly benefit
as of July 1, 2003 is $425.
Can I be fired for filling a Workers' Compensation claim, or because
I am not able to do my job because I got hurt at work?
Yes. However, your employer cannot take away your rights to receive
Workers' Compensation benefits by firing you.
What do I have to do to get Workers' Compensation benefits if I get
hurt at work?
You must tell your boss or supervisor that you got hurt within thirty
days of your injury, and if your employer does not voluntarily commence
payment of medical and/or wage loss benefits, you must file a claim
with the State Board of Workers' Compensation within one year of the
date you got hurt.
Do I need to do anything if I get hurt on the job and my employer voluntarily
provides me with medical and/or wage loss benefits?
No. However, if the injury is severe and is likely to have long term
or permanent consequences, you would be well served to consult an attorney
who specializes in Workers' Compensation law early on. It will not
cost you any more to have the services of an attorney early on in your
case, and with the advice of a qualified lawyer, you will be assured
that you are receiving all benefits to which you are entitled.
How much money do I need to hire a lawyer to assist me after a job
injury?
You need no money. By law, your lawyer will earn a fee of 25% of
whatever is recovered for you, but you owe him nothing until money
is recovered
for you to be paid from. And in some cases, your lawyer will be able
to make your employer pay for the services on your behalf.
If I am on Workers' Compensation benefits and I want to hire a lawyer,
will I owe the lawyer a percentage on the benefits my employer is paying
me voluntarily?
No. You owe your lawyer a fee only out of income benefits he is required
to make your employer pay you or out of the money recovered at the
time of settlement of your case. It does not cost you anything out
of what
you are already receiving if you decide to hire a lawyer to represent
you.
How long am I entitled to income benefits?
Basically, you are entitled to income benefits for 400 weeks, which
can be reduced to 350 weeks if your doctor releases you to return to
work with restrictions that prevent you from doing the job you were
doing at the time you got hurt and your employer does not offer you
a job that accommodates your restrictions. In very serious cases, where
your job injury permanently disables you from ever returning to work
in any capacity, income benefits can become payable for life.
Can my employer cut off income benefits within that time?
Yes. Although this is a quite complicated question, generally speaking,
your employer can terminate your income benefits if your doctor releases
you to return to work without restrictions, if you find a job that
pays you as much or more than what you were making at the time your
disability began, and if you refuse to take a light duty job offered
to you by your employer.
Am I entitled to anything if i am the spouse or dependent of someone
who is killed in a job related accident?
The Workers' Compensation laws provide benefits of persons who are
totally or partially dependent upon someone who is killed in a job
related accident. The amount of benefits to which a dependant is entitled
depends upon the circumstances of each individual case.
Am I entitled to anything for pain and suffering?
No. The Workers' Compensation law does not include any benefit for
pain and suffering.
Can I choose my own doctor if I get hurt at work?
Generally no. The law requires your employer to post a list of doctors
you can go to if you are hurt on the job and if it does so, you must
go to one of the doctors on this list if you expect your employer to
have to pay the doctor bill. If your employer does not post such a
list, you may choose your own doctor. Also, if the doctor on the list
releases you from further treatment as cured, you may choose your own
doctor. Remember, though, that you are personally responsible for any
medical treatment provided by a doctor who is not pre-approved to treat
you by law or government.
What if I don't like the doctor I get from this list?
You may select another doctor from the list and you have the right
to change doctor's once within the list. It is also possible to change
to a doctor who is not on the list; however, that requires agreement
by your employer or an award entered by the State Board of Workers'
Compensation.
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