Workers’ Compensation FAQs

If you’ve been injured at work, it may be difficult to understand the role of workers’ compensation or what questions you should ask next. With this list of frequently asked workers’ compensation questions from Jenkins Utley, P.C., you’ll be well on your way to getting the answers you need.

Is my injury covered under workers’ compensation?

This can be answered with two other simple questions, including, 1) Are you an employee of the company? and 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’ comp. While there are some extenuating circumstances, the majority of injuries should be covered if they meet these two requirements.

Workers’ comp is a no-fault system, right?

Workers’ comp is designed to provide coverage and care regardless of fault. However, there are certain situations that workers’ comp will not cover. It depends on the state, but certain jobs don’t qualify under workers’ comp. It also does not typically cover 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’ comp 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 overtime, 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’ comp 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’ comp coverage, you may also benefit from a personal injury claim. Learn more about the differences between these two claims here.

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

Have more questions? We’ve got answers! The attorneys at Jenkins Utley, P.C. are well-versed and experienced in 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 today at 404-919-7297 or book a free consultation online.