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 The Ponder Law Group, LLC 


                                                                                                                                                                                        A T LANTA, GA                    VALDOSTA, GA    404-870-8070 

 

Workers' Compensation   

 

   

Workers’ compensation is an insurance program that guarantees payment of medical benefits and a portion of weekly earnings to employees who are injured while working. Every employer in Georgia that has three or more employees is required by law to provide workers’ compensation insurance for its workers. Workers’ compensation is a no-fault insurance system. In a no-fault system, you are covered if you were hurt on the job, and you do not have to prove fault on the part of the employer to recover. Since it is a no fault system, the employee cannot sue its employer for negligence for on-the-job injuries. However, a claim and lawsuit may be asserted against third-parties (ie: individuals and companies who are not your co-workers or employer) who caused your injury. Such claims are called “third-party liability” claims and may be pursued simultaneously with a workers’ compensation claim.

It is extremely important for a worker who has been injured on the job and is unable to work for a period of time to consult with proper legal counsel. Although a worker does not necessarily need an attorney in every situation, the failure to hire counsel when an injury or loss of time at work warrants having counsel involved, will likely result in the injured worker losing substantial financial benefits. For instance, the following are common examples of benefits that injured workers failed receive:

  1. Employee may miss getting a PPD rating or at least an appropriate one;
  2. Employee will not have an opportunity to challenge the choice of physician as effectively;
  3. Employee will miss the chance to convert or effectively threaten to convert a case to a catastrophic case thereby losing substantial value in the claim at the time of settlement;
  4. Employee will be placed in a position of returning to work when they are not physically capable and may re-injure themselves;
  5. Employee will fail to secure a proper settlement at the end of their treatment and may find themselves out of work without a settlement; and,
  6. Employee may end up having to pay back medical and wage benefits from a third- party liability claim when such payment could be avoided.

For additional information regarding workers’ compensation and third-party liability claims and the process involved in pursuing these matters,please contact our office by calling 404-870-8070.