If you have been injured on the job, worker’s compensation benefits can provide you with the financial aid you need to get through your injury. However, there are many rules that may impact your claim and the amount of benefits you may receive.
Below, the Savannah workers’ compensation attorneys of Roden Law discuss the answers to frequently asked questions about workers’ compensation benefits. If you need assistance with your claim, there are certain steps you can take to protect yourself. Schedule a free, no obligation consultation today to speak to a qualified lawyer about your case.
Can I Continue Receiving Benefits After Returning to Work?
There are some scenarios where you are able to receive workers’ compensation benefits after you return to work. You can receive temporary partial disability benefits for up to 350 weeks if you are able to return to work with limitations and you are being paid less than your average weekly wage from before your injury.
Whether you return to work at your pre-injury place of employment or find a new employer, you are able to continue collecting workers’ compensation benefits if your loss of earnings is caused by your injuries.
You would be paid at the partial disability benefit rate, which is two-thirds of the difference between your pre-injury average weekly wage and your weekly wage now, after the injury. The maximum weekly benefit amount is $383 for injuries that happened on or after July 1, 2016.
If you did not experience a loss of earnings upon your return to work, you may still collect benefits due to your partial permanent disability. The amount of benefits you will receive and the number of weeks they will last depend on the area of the body affected and your disability percentage.
Can I Still Receive Benefits if I Get Fired?
Georgia is an at will employment state, which means employers may fire you for any reason or no reason at all, provided it is not for a reason protected by law, such as your race or age.
Even if you get fired, you may still be entitled to workers’ compensation benefits. If you have not received the total amount of your benefits at the time you are fired, you should still receive the remainder of your benefits. An exception to this would be if you were fired for cause.
Can I Collect Benefits for Pain and Suffering?
Workers’ compensation does not provide benefits for the pain and suffering you may have experienced due to your work-related injury or illness. Benefits are only available for medical costs, disability compensation and lost wages.
If you wish to pursue compensation for pain and suffering from your injury, filing a third-party lawsuit may be an option. Under Georgia law, you are allowed to pursue personal injury lawsuits against at-fault third parties, including contractors, other drivers or product manufacturers.
Can I File a Personal Injury Lawsuit Against My Employer?
You cannot file a personal injury lawsuit against your employer over a workplace injury. The workers’ compensation system bars you from doing that, even if your employer caused your injury through negligence.
Can I Lose My Workers’ Benefits?
If your employer intends to stop paying your workers’ compensation benefits, you should know that it is possible to lose your workers’ compensation benefits if:
- You refuse to see a doctor approved by your employer
- You refuse to undergo an ordered medical exam
- You refuse to undergo reasonable medical treatment
How Can an Attorney Help Me?
Roden Law’s workers’ compensation attorneys fight to secure the benefits you deserve for your work-related injury or illness. We will investigate your claim and inform you of the legal options that are available for you to recover fair compensation.
Schedule a free, no obligation consultation today and learn your legal rights. There are no upfront fees and you only pay us if we recover compensation for you.