Workers' Compensation
Q: What is Workers’ Comp?
A: Each state has its own laws that provide benefits to a worker injured on the job. The law and benefits vary from state to state.
Q: What should I do if I am injured on the job?
A: You must notify your employer immediately. Failure to notify our employer within thirty (30) days of the injury may result in your claim being denied with no benefits being made available to you.
Q: What types of benefits are available to the injured worker?
A: An injured worker is entitled to full medical care for treatment of the work related injury. The employee is given a choice of medical providers from a list maintained by the employer or the employer’s workers’ comp insurance company. In the event the employee is unable to work due to the injury, he/she may be eligible for temporary disability benefits. If the injury leaves the employee with a permanent physical impairment or permanent restrictions/limitations, then he/she may be entitled to permanent disability benefits.
Q: How does the employee get medical care?
A: Once the employer is notified of the on-the-job injury, he is required to provide a list of doctors from which you can choose. The employer pays for the full cost of the medical treatment and you are not responsible for any co-pays or deductibles.
Q: If I cannot work, when do my disability benefits start?
A: It depends on when you return to work. You must be out at least seven (7) days before you are eligible for disability pay.
Q: How much are my weekly disability benefits?
A: If you are temporarily, totally disabled, your benefits are two-thirds (2/3) of your average weekly wage. Your average weekly wage is computed by taking the average of your earnings for the fifty-two (52) week period prior to the date of injury. There are exceptions to this rule. In addition, there is a maximum weekly disability benefit which you can receive.
Q: If I sustain a permanent, partial disability because of my on-the-job injury, will I be compensated?
A: Yes, and the amount of compensation will depend upon a variety of factors, specific to your case.
Q: If I die as a result of an on-the-job accident, will my family receive any benefits?
A: Yes, your spouse and children are entitled to receive death benefits.
Q: What if I don’t receive my worker’s comp benefits?
A: Contact us immediately. There may be a time sensitive issue that needs to be addressed; or we may need to initiate some type of action to get your benefits started.
Q: Can my employer terminate my employment because I have filed a workers’ comp claim?
A: It is against the law for the employer to fire an employee for filing a workers’ comp claim. There may be a claim for retaliatory discharge.
Q: How much does it cost to have a lawyer represent me in my case?
A: Workers’ compensation cases are typically contingent fee cases, which means the lawyer gets paid when you recover damages. State law governs the lawyers’ fee in a workers’ comp case. In Tennessee the maximum contingent fee is 20% and in Georgia it is 25%.
Q: How does the employee get medical care?
A: Once the employer is notified of the on-the-job injury, he is required to provide a list of doctors from which you can choose. The employer pays for the full cost of the medical treatment and you are not responsible for any co-pays or deductibles.
If you have any more questions, please contact us at 423-634-8000.