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Atlanta Workers' Compensation

Georgia’s Workers’ Compensation Law provides injured workers with medical and financial support. The law gives you specific rights and you have certain responsibilities. Below we have set out those Workers’ Comp rights and responsibilities; however you should have the help of an experienced professional when pursuing a claim for an injury that occurred on the job. Filing mistakes may delay or reduce benefits you receive. Jeff Klein has years of experience helping Georgia workers understand their rights and in meeting their responsibilities.

Worker's Compensation Payments

Even if you were at fault in a work place injury you may be due benefits and have a valid claim. Let Jeff Klein explain your rights and help you with a claim. You need the experienced help of a good attorney to interpret Workers’ Compensation Law. Jeff Klein has helped workers and their families for years with serious injury and wrongful death claims. Please call immediately if you or a family member has been injured, so Jeff Klein can offer proper advice on a Workers’ Compensation claim.

Workers' Rights:

  • A) Workers injured on the job have a right to receive medical, rehabilitation and financial benefits. Workers’ Comp provides benefits to help workers recover from injuries and return to work. In the event of a work related death a worker’s dependents may also receive benefits.
  • Georgia employers must post a list of six, or more, unassociated doctors or the name of a certified WC/MCO providing medical care. There may not be more than two “industrial clinics” and the list must contain a physician who practices in specialty of orthopedic surgery. Workers select a doctor from the list and may change doctors once without the employer’s permission. In an emergency the injured worker may use any doctor or medical service on a temporary basis. Once the emergency is over the worker must get care from one of the doctors on the employer’s list.
  • A worker injured on the job is entitled to have authorized doctor and hospital bills paid under Workers’ Comp. Physical therapy, prescription medications and travel expenses will be paid too and, in some cases, rehabilitation services.
  • Workers’ Comp entitles injured workers to weekly income when they are off work more than seven days. A check should be mailed within 21 days of the workers’ first lost day. A worker losing 21 consecutive days will be paid for the first lost week. – Please contact Jeff Klein for more information on the financial benefits to which you are entitled.
  • Workers’ Compensation law classifies work related accidents as catastrophic or non-catastrophic. A workers benefits and rights are provided based on how an injury is classed. Several catastrophic accidents are listed in Workers’ Comp law. However, in general a catastrophic accident is classed as one that prevents a worker from doing their prior work or any work generally available in the national economy. Workers with catastrophic injuries are entitled to two-thirds of their weekly salary but not more than $500 per week. A worker may receive this benefit while they are unable to return to work. The worker is also entitled to medical and vocational rehabilitation from Workers’ Comp benefits to help them return to work. Call for an evaluation of your case.
  • For non-catastrophic injuries Workers’ Comp entitles injured workers to two-thirds of their average weekly wage but no more than $500.00 per week. A worker may receive the benefits while unable to return to work but for no more than 400 weeks. An injured worker can only receive benefits for 350 weeks if the injured worker is able to perform work with some restrictions. Contact Jeff Klein for information on benefits specific to your case.
  • Workers’ Compensation provides a benefit for workers returning to the work force and only finding a lower paying job. Such workers are entitled to a weekly benefit up to $334 for up to 350 weeks.
  • Workers’ Compensation provides for the dependents of workers that die from an on the job accident. Burial expenses up to $7,500 and two-thirds of the worker’s weekly wage up to $500 per week are provided. There are limits on the maximum amount paid and other conditions that end or reduce the benefits. Contact Jeff Klein for more information on your specific case.
  • When a worker’s benefits are not paid on time Workers’ Compensation law provides for penalties the insurance company and/or employer must pay. Those penalties will be added to the payments made to the worker or their dependents.

Worker's Responsibilities:

  • Employees should follow the written employer’s safety rules and policies and procedures as well as various agency safety rules and other reasonable policies and procedures of the employer.
  • Report on the job accidents immediately. You have up to 30 days to report an accident to the foreman or immediate supervisor. Failing to do so may cause benefits to be lost. Delay may jeopardize your claim.
  • As an employee covered by Workers’ Comp you have an ongoing obligation to cooperate with the caregivers and medical personnel during the course of your treatment for your work related injuries. The State Board of Worker’s Compensation may suspend your benefits if you fail to accept reasonable medical treatment and rehabilitation services.
  • Willful misconduct by an employee may result in the loss of Workers’ Compensation benefits.
  • If you move to a new location, you must notify the insurance carrier/employer. The insurance carrier/employer should be notified when you can return to work part time or full time. When you return to work you should report the amount of your earnings as you may still receive some benefits after returning to work. A surviving spouse receiving benefits from Workers’ Compensation death benefits must notify the insurance carrier/employer when they change address or remarry. In case a treating physician approves an injured employee for a job, even a lower paying one, the employee is obliged to attempt to perform it. Failure to try may result in the suspension of your Workers’ Comp benefits.
  • If the insurance carrier/employer denies benefits you feel you are entitled to, you must file a claim. It must be filed within one year of the date of your last authorized medical treatment or within two years of your last Workers’ Comp weekly benefit payment. Failing to do so will likely cause the loss of the right to those benefits.
  • You have one year from the date of an incurred expense to file for reimbursement for mileage and or other expenses regarding your medical treatment under Workers’ Comp. Your claim must be submitted to the insurance carrier/employer.
  • If dependents of a deceased worker do not receive benefits, they have one year from the date of the death to file a claim with the State Board of Workers’ Compensation. Failing to do so may result in the loss of the right to those benefits.
  • Workers’ Compensation benefits will be denied to any injured employee that unjustifiably refuses a drug test after an on-the-job accident. The presumption is that the accident was caused by drugs or alcohol unless there is other evidence to overcome the presumption.
  • If one makes false or misleading statements in claiming Workers’ Comp benefits and is found guilty, it is a misdemeanor punishable by a fine ($10,000 or less) and or imprisonment (12 months or less).
  • All false statements or evidence given in administrative or appellate hearings is perjury and likely will be prosecuted.

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Jeff Klein - Attorney at Law

Workers' Compensation

Should you get hurt while at work the Georgia Workers’ Compensation Law provides you with many rights and responsibilities.

Employee’s Rights
Employee’s Responsibilies
Wrongful Death Personal Injury

Jeff Klein litigates significant cases involving catastrophic personal injury & wrongful death.

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Jeff Klein currently practices in the area of personal injury and workers' compensation. He will only represent the accident victim and does not represent any insurance companies.

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Atlanta attorney Jeff Klein, has helped hundreds of clients throughout Georgia to get appropriate compensation for auto accident and personal injury victims. Jeff has successfully handled personal injury cases & wrongful death resulting in severe injuries due to vehicular accidents, or as a result of negligence occurring at varied locations. For further information in reference to a personal injury matter or workers' compensation law in Atlanta, Georgia, please contact Jeff Klein's law firm by calling.