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An occupational injury can inflict physical harm, financial loss, mental distress, and in some cases even death. Work-related injuries can occur while you’re at work, commuting to and fro from your job, or as a direct result of doing your task. These injuries can send your stable life into a chaotic tailspin.
Fortunately, workers can claim workers’ settlement in case of work injuries. If you or your coworker have a work injury, you need to prove that it occurred due to the negligence of the party at fault. Once everything is in order, the claim will be approved and you will receive entitled damage benefits.
In Georgia, the insurance company that works for your employer will pay for any medical care related to your work-related accident.
However, not every work-related injury qualifies for compensation. In this situation, a competent Atlanta attorney for worker compensation can help tackle your work injury case. They will assist you with legal advice, evidence collection, interviewing witnesses, and seeking compensation to support your case.
To know about the worker’s compensation Statute of limitations, Eligibility criteria, and Workers’ compensation insurance policies of Atlanta Georgia. Read how long after a work injury can I sue in this article.
How Long Do I Have to Sue for Work-Related Injuries?
According to the Atlanta Georgia Worker’s Compensation Act, employees can claim worker compensation within the appropriate deadlines. Filing work -injury lawsuit depends on the nature of your claim.
Workers’ compensation claim
Employees can claim worker settlement within one year from the date of a work injury.
Third-party personal injury claim
If an employee pursues a work injury case against a third party other than the owner or employer, then the employee can sue within two years of the work injury.
An Atlanta work injury lawyer can guide you about your work injury and determine the deadlines that may be appropriate for your specific case. Depending on the situation deadlines can be extended.
Read more about catastrophic work accident injury claims in atlanta
Work injuries caused by the third party include those other than your employer:
Contractors or subcontractors
Vendors or suppliers
Defective products manufacturers
Government workers
Equipment or vehicle owner
A third-party personal injury lawsuit is applicable in the following situations:
A defective object causes injury.
What Is Worker's Compensation Insurance? ( Rules)
According to the worker compensation insurance program in Atlanta, Georgia, the employer is responsible for providing employee medical, rehabilitation, and finance expenses in case of a work injury.
- The employer with three or more employees is entitled to provide worker compensation insurance in case of occupational injury.
- Worker’s settlement includes medical expenses, doctor consultations, hospitalization, rehabilitation, and lost wages because of work injury.
- The employee generally gets benefits regardless of who caused the occupational injury. Employees can’t claim benefits in case of intoxication and misconduct.
- Employees may decide not to sue the employer in exchange for benefits.
Understanding the Worker's Comp Statute of Limitation
The statute of limitations for worker compensation in Georgia is generally one year. From the day an accident happens to the day you file for a personal injury lawsuit, per Georgia Code § 34-9-92.
Employee rights for workers settlement will barred after one year from the date of injury. The act also applies to filing for workers’ settlement death benefits.
In some circumstances, the worker compensation deadline can be extended:
- In case the insurance company or employer pays for your medical expense
- The insurance company or employer pays temporary partial or permanent partial disability benefits.
Am I Eligible for Worker's Comp after a serious workplace injury?
As an employee, you can claim workers’ settlement in the following cases:
- You sustained injury during work at company property
- You get illness because of the work environment.
- Your company or employer must have a worker’s compensation insurance program.
You cannot claim worker’s compensation if the work injury occurred under the influence of alcohol or drugs. You can’t qualify for the worker settlement program if you are a volunteer or an independent contractor.
According to the guidelines in this article on how long after a work injury can sue, you will get an overview of the worker settlement related to work injuries.
Should I File a Worker's Comp Claim? (Worker's Comp and Pre-existing Conditions)
After work injury, prioritize your health. Get medical assistance immediately. If work injury aggravates the pre-existing condition, you can pursue worker compensation.
After taking care of injuries, contact the employer and report the incident. This report will be valuable in pursuing details of work injury incidents.
Pre-existing conditions may impact worker settlement; in such situations, contact an experienced lawyer.
Keep the eligibility criteria for Georgia Worker’s Comp in mind while reading how long after a work injury can I sue.
What to Do if You're Hurt on the Job ?
Get legal advice, and educate yourself with Georgia’s particular workers’ compensation rules to ensure you follow procedures correctly.
The submitting procedure for a worker’s compensation claim is free. Competent lawyers take cases on a contingency fee basis. It implies that they won’t get paid if you don’t.
It is crucial to file a worker’s compensation claim promptly if you get a work injury. It’s your right to seek settlement for the physical and mental distress you suffer because of injury.
Your Atlanta personal injury lawyer will put effort into getting you the most compensation possible.
Holding the Right People Accountable
Holding the right people accountable for work injuries is crucial for achieving justice. Identifying and fixing the root causes of work injuries is important for preventing recurrence.
Accountability will promote a culture of safety, compliance with regulations, and determent of hazardous practices.
If you’ve incurred a work injury in Atlanta Georgia, and you think your employer or a coworker is to blame. You can hold the liable party accountable.
Worker's Comp vs. Personal Injury The Pros and Cons
If an employee is hurt on the job in Atlanta Georgia, generally there are two primary ways to pursue compensation: workers’ compensation and personal injury claims.
The decision between pursuing workers’ compensation or initiating a personal injury claim depends upon the specific nature of your work injury case. Read the pros and cons mentioned in the article, how long after a work injury can I sue to understand the differences between worker compensation and personal injury claim.
Worker compensation
Pros
Atlanta, Georgia No-fault system
- The employee generally gets benefits regardless of who caused the occupational injury.
- The compensation process is fast, and benefits are provided promptly after a work injury case.
- The legal framework for worker compensation is not complex.
Cons
Limited damage compensation
According to Georgia workers compensation law, medical expense, rehabilitation, and a portion of wage lost is provided. The employee is not compensated for pain and suffering.
- Employees cannot sue employers for additional loss beyond workers’ settlement benefits.
- Employers choose the Doctor for employees’ medical treatment.
Personal Injury
Pros
- The employee is fully compensated for medical costs, wage loss, pain and suffering, and other damages.
- Employees may have control over the choice of doctors and medical treatments.
- Employee may pursue third-party personal injury claims if work injury is due to their negligence.
Cons
- In an Atlanta personal injury case, the employee must prove negligence of the other party.
- Legal procedures can be time-consuming and exhausting.
- The amount of compensation is uncertain in case the employee wins the case. There is more risk of losing a personal injury lawsuit.
Before filing a lawsuit, you need to consider
Nature of injury
- For minor injuries, you may claim worker compensation. For severe injuries, personal injury persuasion might prove more appropriate.
If you seek immediate settlement, you may pursue Atlanta’s workers compensation.
If you need adequate compensation, you will face lengthy procedures.
If you want a positive relationship with your employer workers’ compensation may prove more amicable.
After skimming through the article on how long after a work injury can i sue, you can get basic information about statute of limitations, worker compensation, and personal injury lawsuits in Atlanta, Georgia.
Conclusion
The timeframe for work injury claims in Atlanta, Georgia, varies depending on the type of claim for injuries sustained at work. There is typically a one-year statute of limitations for workers’ compensation claims from the date of the injury, and notice to the employer must be given as soon as possible—preferably within 30 days. The statute of limitations for bringing a personal injury claim against a third party is usually two years from the date of the injury.
To decide the most appropriate course of action for a work injury claim, Atlanta people must know the statute of limitation of worker injury claims.
Burn injuries are of different types, and each case is different. Contact us for a free consultation to assess your case, and let us help you reach a fair settlement.
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