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Workers’ Compensation FAQs

If you’ve been injured at work, you may have a number of questions about the workers’ compensation process. Many people navigating the workers’ comp system have never had to do so before, meaning they aren’t sure what to expect. Browse answers from our Atlanta workers’ compensation attorneys below and give us a call if you need personalized legal counsel for your injury claim.

Is my injury covered by workers’ compensation?

This can be answered with two other simple questions: 1. Are you an employee of the company? 2. Did the injury occur as a result of your employment? If you can answer yes to these two questions, your injury should be covered under workers’ compensation. While there are some extenuating circumstances, the majority of injuries should be covered if they meet these two requirements.

Is workers’ compensation a no-fault system?

Workers’ compensation is designed to provide coverage and care regardless of fault. However, there are certain situations that workers’ compensation will not cover. It depends on the state, but certain jobs don’t qualify under workers’ compensation. It also does not typically cover damages if the injury was a result of using drugs or alcohol while on the job.

When do I have to file a claim?

Timing is very important in a workers’ compensation claim. After an injury has occurred, file a claim with your supervisor immediately (if possible), or as soon as you can after receiving medical care. If your injury develops over time, like carpal tunnel or overuse injuries, file a claim with your supervisor as soon as you suspect a link between work and your injury. There is a limit to when you can file a claim after an injury has occurred and still receive compensation. Each state and job may have different limits, so check with your state and employee handbook.

I’ve filed for workers’ comp, but my injury is permanent and will affect my future job. What do I do?

Workers’ comp requires that your employer provide you with either a new position that has equal pay and benefits within the company or training to learn a new job that can provide you the same amount of income. If you are too injured to return to work at all, workers’ compensation may be able to cover those lost wages.

How do I know if I should file a personal injury claim instead of a workers’ comp claim?

If you believe that your employer has caused undue injury outside of your normal job duties or is directly responsible for your injury, you may want to file a personal injury claim instead. If you accept workers’ compensation, you are acknowledging that no fault was involved and generally give up the right to sue for damages. If your employer does not have workers’ compensation coverage, you may also benefit from a personal injury claim. Our Atlanta workers’ compensation attorneys can help you understand the difference between the two types of claims and determine which option is the more appropriate choice for your unique case.

Contact the Atlanta Workers’ Comp Attorneys at Jenkins Utley, P.C.

Have more questions? We’ve got answers! The Atlanta workers’ compensation attorneys at Jenkins Utley, P.C. are well-versed and experienced in a wide variety of personal injury and workers’ compensation cases. Our team can help answer any questions or concerns you may have and help you decide what your next steps should be.

Contact us at (404) 334-3013 or schedule your free initial consultation by filling out our online form.

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