If you are injured at work, the process following the accident can be challenging, especially if you don’t know how to support yourself and your family. But you should know that you may be entitled to receive workers’ compensation if you are injured on the job.
In these work cases, your employer’s insurance company isn’t fighting for you—even if your employer is! To ensure that you can get the compensation you need to fund your recovery and cover living expenses, you should be represented by a workplace injury attorney.
Every workers’ compensation case is different–because every worker is different and every injury is unique. Workers’ compensation law can be complex, so it’s important to have your rights represented so that you can recover without worry.
It’s important to know that the state of Georgia has a no-fault worker’s comp system. This means that as long as your injury happened on the job or was caused by your work activities, you do not need to prove that your employer caused your injury.
At Castan & Lecca, we can represent you in your workers’ compensation case. We have the expertise, the knowledge and the resources to ensure that you can get the compensation you need during this challenging time.
Because every workers’ compensation case can be complicated, it’s important to know the types of benefits you could be eligible to receive following an accident in the workplace. In this blog, we will cover the types of benefits employees can receive if they are injured on the job.
If you sustain a workplace injury, the workers’ compensation system is set into place so that you can cover medical and living expenses without worry. According to the Georgia State Workers’ Compensation Board, workers’ compensation is a state-run insurance program that is focused on paying workers who have been injured at work. Aside from the Georgia board, there is also the federal workers’ compensation program that the Department of Labor runs.
According to the state law, your employer is required to pay through this program. Benefits could include the following:
All of these benefits could cover medical expenses like surgeries, procedures and therapies. Rehabilitation could include long term physical therapy you must undergo due to your injury. Income benefits are designed to cover any loss of income you might experience as a result of not being able to work.
Workers’ compensation benefits usually are categorized in four ways:
Under TPD, you can receive two-thirds of the total difference between your weekly paycheck before the accident and after the accident. According to Justia Law, the employer shall pay the employee a weekly benefit that is equivalent to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter. This should not exceed $450.00 per week for a period not exceeding 350 weeks from the date of injury.
Under TTD, you can receive two-thirds of whatever your weekly paycheck was prior to your injury. The amount you receive will not exceed $675 per week, but it must be more than $50. These benefits can last for up to 400 weeks, but if your injury was critical, you may be eligible to receive further TTD compensation. Critical injuries can range from damage to the brain, spinal cord, skull, or loss of a limb or loss of speech.
PPD refers to a permanent partial disability that limits you to perform specific types of work. In the state of Georgia, you can also receive PPD when you have suffered “loss of use of body members or from the partial loss of use of the employee’s body.” These benefits are calculated based on the part of the body affected and your level of impairment.
In addition to compensating for lost wages, worker’s comp will also cover all medical treatment related to the injury or illness as authorized by your doctor. All authorized bills, (including but not limited to doctor, hospital, physical therapy bills, or prescriptions) could be covered by your workers’ compensation.
In addition to bills, necessary travel expenses if the injury or illness was caused by an accident on the job. You may also be entitled to medical and vocational rehabilitation. If your injury is catastrophic in nature, you may be entitled to lifetime medical benefits.
The number of weeks of lost wages you are eligible for depends upon the nature of your injury, but for most medical benefits, the maximum benefit period is 400 weeks.
According to the state of Georgia, you will receive benefits based upon an amount set by law. For instance, if you lost an arm or leg while on the job, you will receive benefits for 225 weeks.
If determined by a physician that you can no longer use part of your body, you may also be eligible for benefits.
In the case of accidental death, your spouse or children are typically eligible to receive death benefits. The application process, however, can be extremely difficult or even require litigation. You will want to meet with a worker’s compensation lawyer quickly to guarantee your legal rights are protected.
If you’ve been injured on the job, what are your next steps? Here is our quick guide to help you start the workers’ compensation process:
Getting injured on the job doesn’t have to be a harrowing experience. You can secure the benefits you need so that you and your family are provided for. Call us today. We want to hear your story.
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.