Getting a work-related injury can be a stressful experience. Many times, you are in pain. You might spend time in the hospital, get surgery, or undergo physical therapy. These instances can take months of your time, limiting or completely preventing your ability to work.
On top of all of the expensive medical bills, living expenses start to pile up. You also need to provide for your family. That’s where workers’ compensation comes in.
If you sustain a workplace injury, the workers’ compensation system is set into place to assist you with expenses during this time. According to the Georgia State Workers’ Compensation Board, workers’ compensation is a government-run insurance program that is specifically geared to paying workers who have been injured at their workplace. Aside from the Georgia board, there is also the federal workers’ compensation program that the Department of Labor runs.
Your employer is required to pay through this program. Benefits could include the following:
Medical benefits
Rehabilitation benefits
Income benefits
These benefits are designed to help you during the recovery process until you are ready to return to work. But getting your employer to pay them out is sometimes difficult. Insurance companies deliberately make it hard for workers’ to sometimes receive their benefits. They have teams of attorneys dedicated to denying your claims.
This is why it’s important to be informed about the workers’ compensation process and what it takes to receive timely benefits without hassle. In this blog, we will detail some of the biggest obstacles an injured worker faces when applying for workers’ compensation benefits.
First, when applying for workers compensation, you must be aware of the overall system. There are deadlines and strict rules that you (and insured employers) must follow. But it can be hard to know where to begin. The Georgia State Board of Workers Compensation is a good place to start.
According to the state board, you will receive two-thirds of your average weekly wage. However, you will not receive more than $675 if you sustained your injury after July 1, 2019.
You are also entitled to receive your benefits for up to 400 weeks. However, if you get a catastrophic workplace injury, you may be eligible to receive benefits for the rest of your life. Catastrophic injuries include:
Spinal cord injury or paralysis
Head injuries, including traumatic brain injury (TBI)
Severe Burns
Loss of Limbs
Any injury that causes permanent or long-term disability
If you do sustain a catastrophic injury, you may be entitled to receive long-term disability benefits. The amount of benefits you would receive depends upon the nature of your specific injury. In these cases, it’s always best to consult with a legal professional who can help you navigate the state board or other government agencies.
After sustaining a workplace injury, you could be in pain, or suffering emotional distress. Your family could have difficulty paying bills if you are unable to work.
It’s a stressful situation, but you always want to be sure that you are keeping track of all of your documentation. This documentation provides you with the evidence you need to make sure you are paid the maximum amount of benefits that you need. This evidence could include medical records, medical bills, the accident report to your employer, email correspondence, and more.
It might be overwhelming, and we understand that. But at Castan & Lecca, we can guide you with a steady hand to ensure that you can receive the benefits that are due to you.
Strict deadlines make the workers’ compensation process hard. It can be challenging to file or report things on time, especially if you are gravely injured. But it’s crucial to stick to all of the deadlines so that you can get the benefits you need.
It’s challenging, but having a trusted team on your side can help you meet every deadline. They can help you with the documentation, filing your claim, and communicating with the insurance companies.
If you do get injured at work, it is important to report it immediately to your employer. You should also document the scene of the incident, and keep track of witnesses as well.
According to the Georgia Employee Handbook, you should be as specific and as detailed as possible when documenting your accident. If your injury is quite serious and you must receive medical attention, then a report will be filed for you.
But if you do not report your injury right away, there could be complications with your case. Most importantly, your injury could worsen if you do not get aid right away.
If you wait longer than 30 days to report your injury, there could be a major delay in your case or your claim could be denied completely.
There is also a deadline for filing a workers’ compensation claim. In the state of Georgia, you have one year from the date of the accident to file a workers’ compensation claim. If you miss this deadline and file after this time, you may be denied benefits.
It’s always best to file the claim as quickly as you can so that you do not have any delay or denial of benefits.
Immediately after your injury, you should seek medical services. A health care provider can assess your injury, observe you, give advice or recommend treatments. If left undiagnosed, an injury or illness can increasingly get worse and have further complications.
It is also important to note that the medical help you receive comes from an authorized health care provider. You must document all medical aid you receive in advance of your claim.
Seeking medical assistance right away also helps you keep a documentation of evidence ready for your claim.
Sometimes you can document everything, report the accident immediately, file the paperwork on time, and still not receive your benefits on time. We understand that this can be incredibly frustrating. We know that your life, your family’s life, and your well being depend on these benefits.
These delays are another reason why the workers’ compensation process can be so hard. It is common when dealing with large government agencies and insurance companies who might rather not pay out. If there is a delay in your benefits, you can lean on a trusted attorney to assist with these challenges so that you can get your life back.
Navigating the workers’ compensation system to receive benefits is no easy task. This is especially true when you’re in the process of recovering from your injury. You may even still be in the hospital or require surgery. Whatever the case, you should not worry about negotiating with insurance companies or communicating with employers.
The way to lift some of the burden is to seek legal advice during this process. A trusted, experienced workers’ compensation attorney can guide you through this process so that you get the maximum benefits you deserve. Those benefits will make a huge difference in lost wages, medical expenses, and your family’s peace of mind.
At Castan & Lecca, we pride ourselves on our accessibility, our experience, and our trustworthiness. These three values drive us when we represent our clients. We are available by phone, email, or text, and our answering service is 24/7.
We have over 25 years of personal injury law experience, and rely on client referrals and word of mouth. We are currently offering free consultations, so reach out to us today to learn more about your workers’ compensation benefits.
51 Lenox Pointe NE
Atlanta, GA 30324
4131 Steve Reynolds Blvd #102
Norcross, GA 30093
Dustin Thompson
Attorney
Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence. Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.
MICHAEL BOESCHEN
Attorney
Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA
CHRISTIAN PECONE
Attorney
ED DENKER
Attorney
ILIANA DOBREV
Attorney
KEN THAXTON
Attorney
ALEXANDER LECCA
Attorney
DANIEL CASTAN
Attorney
Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C. Dan was admitted to the Georgia Bar in November, 1993. He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.
