You can't sue your employer when you have been injured on the job, even when it was the fault of your employer or a coworker that caused your injury.
Your employer should have a list of doctors to see for an on the job injury. You should ask your employer to send you to one of those doctors. If you need treatment your employer would have to provide it to you at no cost with no time limit. If you can't work on account of this and the doctor agrees you can receive income benefits.
Please also be aware that there is a one year time limit for filing a workers' compensation claim with the Georgia State Board of Workers' Compensation in order to preserve your right to medical treatment and income benefits.
In Georgia the "exclusive remedy" for an on the job injury against your employer is a worker's compensation claim.
That doesn't mean there is not a case against a third party if there is a manufacturer type defect or intervening action.
They are some exceptions but they are very difficult. Our firm has gotten around the exclusive remedy in a couple of very unique cases.
Below are some of my comments on some general wc questions.
QUESTIONS ABOUT SPECIFIC INJURIES
Q. Can I be compensated for occupational related diseases?
If your disease meets certain tests imposed by law, you can be compensated. There must be a causal relationship between your employment and the disease. It cannot be a disease that is an ordinary disease of life to which others are exposed.
Q. What happens if I re-injure a pre-existing condition or injury?
The Georgia Workers’ Compensation Act limits the extent to which an aggravation of a pre-existing condition or injury is compensable.
An aggravation of an on-the-job injury is compensable while the aggravation is the cause of the disability. Once the aggravation resolves and you return to the pre-injury condition, the claim will no longer be compensable.
Q. Can I be compensated for a repetitive motion injury?
Repetitive motion injuries are compensable if they arise out of and in the course of employment.
Q. What is a catastrophic injury?
Catastrophic injuries are extremely severe injuries, i.e., loss of limbs, severe burns, etc.
Your employer is required to appoint a rehabilitation supplier who has expertise in handling catastrophic cases. This person would assist you in managing your medical care as well as any other assistance you might need in the recovery period following the accident. You will be entitled to Temporary Total Disability benefits for as long as you remain unable to work. Once you have returned to work, the Temporary Total Disability benefits will cease. If you are placed in a lower paying job, you will begin receiving Temporary Partial Disability benefits. After those benefits have been paid, you will begin receiving Permanent Partial Disability benefits.
Q. Are heart attacks and strokes covered under workers’ compensation?
Heart attacks and strokes are not considered injuries under workers’ compensation unless it is shown by a preponderance of competent and credible evidence, which shall include medical evidence, that the condition was attributable to the performance of the usual work of employment.
Make it a great day!
www.Spivalaw.com (main web page)
www.georgiaworkcomplaw.com (Worker's Compensation)
The Spiva Law Group does not represent insurance companies and is dedicated solely to the representation of individuals who are injured and their families.
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