Stephen Hasner | Workers' Compensation | March 27, 2018
Workers’ compensation is extremely important for every employer and employee in the Savannah area. Workplace accidents and injuries are more common than you may think, and worker’s compensation benefits are vital to protect the interests of injured employees. However, many people have misunderstandings regarding the workers’ compensation system in Georgia. The following are only some of the common misconceptions.
An accident was my fault, so I’m not entitled to benefits.
Generally speaking, workers’ compensation is a no-fault system under Georgia law. This means that even if you acted negligently to cause an accident, you may still seek benefits. There are some exceptions to the no-fault rules, however. You may lose entitlement to benefits if the following are true:
- The accident happened because you violated the law or a safety rule
- The injury resulted from your willful misconduct
- Your injury was self-inflicted
- The accident happened because you were intoxicated by alcohol or illegal drugs
If any of the above apply to your situation, you should still try to seek benefits, however, having the help of an experienced workers’ compensation lawyer is critical.
My injury was minor, so I should not bother with workers’ compensation.
Some people believe that if their work-related injury is minor, it is not worth it to file a claim for benefits. However, any amount of medical care can be costly and even seemingly minor injuries can result in costly bills. In addition, your health insurance may not cover a work-related injury as it will expect workers’ compensation to cover the costs instead. Never ignore even a minor work injury as any compensation can be extremely beneficial to you and your family.
My employer should file all of the paperwork for my workers’ compensation claim.
Too many injured workers believe that their employer is responsible for handling the claim process after an accident. While an employer is expected to report any accidents and injuries to the State Board of Workers’ Compensation, they are not required to file an insurance claim on your behalf. Instead, you are responsible for initiating a claim and it is always wise to seek help from a workers’ compensation lawyer to ensure you have a successful claim.
I should receive benefits for my pain and suffering.
Unfortunately, the workers’ compensation system does not provide benefits for non-economic losses such as pain and suffering. However, if any third party was at fault for your accident, you may seek non-economic damages by filing a personal injury lawsuit.
This may be possible if your injuries happened due to a negligent independent contractor or a negligent driver. A lawyer can identify whether or not a third-party lawsuit may be a possibility in your case to maximize the compensation you can receive for your injuries.
Discuss Your Injury with a Savannah Workers’ Compensation Attorney At Hasner Law PC Today
The above are only some of many myths about the workers’ compensation process. To prevent any misunderstandings, you should always seek the guidance of a law firm that regularly handles workers’ compensation claims in the Savannah area.