WHAT BENEFITS CAN I RECEIVE AFTER A WORKPLACE INJURY?

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:

  • Medical benefits
  • Rehabilitation benefits
  • Income benefits 

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:

Temporary Partial Disability

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.

Temporary Total Disability 

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.

Permanent Partial Disability

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.

Other Benefits


Medical Treatment 

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.

Benefits if You Experience the Loss of a Limb

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.

Death 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.

The Takeaway

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: 

  • Report the workplace accident to your supervisor as soon as you can
  • Seek medical attention for one of your employer’s listed healthcare providers
  • Call us at Castan & Lecca for a free consultation of your case: 770-800-7000

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.

 

What are the most common landscaping injuries and hazards?

It’s summer, the time of year when most homeowners desire to fix up their lawns and try to become the belle of the ball in their neighborhood. This also means that these are the best months for the landscape industry, as they’re where the most gigs appear. However, more lawns to fix can also mean a spike in work injuries.

According to the Bureau of Labor Statistics, in 2019 there were 12,380 reported injury cases within the landscape industry. In a huge industry such as this one, with over 1 million employed and 604,163 landscaping businesses in the U.S.alone, workplace injuries must be prevented. 

Therefore, in this blog article, you will learn what type of injuries you may face while landscaping, what are the most common hazards and how to avoid them, along with the rights you have as a worker in case you get injured on the job.

 

The most common landscaping injuries

Like in most manual labor jobs, landscape workers are exposed to suffer from work accidents. The most frequent on-the-job injuries you may face, without having the proper precaution to evade them, are:

  • Cuts and amputations when cutting plants or using equipment, such as chainsaws and gardening shears.
  • Fatigue from heat stress when working outdoors under the sun for long periods of time.
  • Slips, trips, and falls from heights when working in trees.
  • Overexposure to harmful chemicals from pesticides and other chemicals may result in toxic poisoning.
  • Hearing loss from not using the proper protection while working with noisy equipment.
  • Overexertion from lifting heavy equipment or using the incorrect technique.
  • Repetitive stress injuries (RSIs) from incorrect postures or undergoing the same physical task over and over.
  • Having a higher chance of electrocution from working in trees close to power lines, high voltage machinery, or faulty connections.
  • Transportation-related injuries from debris falling off a moving vehicle or if a worker isn’t careful enough while driving.

 

Common landscaping hazards

According to the Occupational Safety and Health Administration (OSHA), landscape workers face a series of potential hazards while performing their jobs. The perils you should keep an eye out for and their possible solutions to avoid them at all costs are:

1) Soil preparation and grading: when landscape workers are preparing the soil by mixing soil conditioners (such as fertilizer) or moving soil to desired elevations, workers can either: get injured using their equipment, be hit by drivers moving equipment, or slip and trip in uneven landscapes. You can avoid these injuries by:

  • Training and certifying operators and drivers with their equipment.
  • Wearing protective personal equipment like boots with traction soles and ear protection.
  • Staying clear of tiller blades.

2)  Irrigation: when irrigation lines are being installed or undergoing maintenance, using materials, like PCV glue or other adhesives, without protection can cause irritated skin, eyes, nose, and throat. Also, being exposed to trenches and excavations may lead to amputations and electrocutions. To be protected from these injuries, you must:

  • Wear protective gloves while manipulating adhesives.
  • Steer clear of trencher blades.
  • Inspect if your equipment works properly.
  • Call 811 before you start digging.

3)  Hardscape construction: while installing patios, decks, or even undergoing wood construction for clients’ lawns, not properly using a saw may lead to cuts and amputations. Even slips, trips, and lifting-related injuries can occur. The safety solutions you should take to avoid these hazards are:

  • Proper training and use of saws.
  • Wearing protective personal equipment such as ear protection.
  • Ensuring that the equipment is safe to be used.
  • Call 811 for any excavations.

4) Planting: when planting trees, shrubs, and grass for lawns, you’re not exempt to be injured while lifting objects, suffering from heat stress whilst planting, tripping, falling, or even from getting cuts and hand injuries like cramps when using tools. Take these proper precautions when planting:

  •  Get help to lift if needed.
  • Stay hydrated and work in the shade if possible.
  • Wear gloves while planting.
  • Keep your job area clean of debris.
  • Train and certify drivers.

5) Lawn and landscape maintenance: preserving a lawn with tasks like mowing, fertilizing, blowing, and even cleaning up may bring you hazards such as cuts, hand injuries, eye injuries, hearing loss, and chemical exposure. The safety measures you should follow while doing landscaping maintenance are:

  • Wear gloves.
  • Keep clear of rotating mower and brush-cutting blades.
  • When using blowers, wear protective goggles.
  • Maintain the mower’s settings to a comfortable and safe level to be used.

6) Tree care: when undergoing tree maintenance, whether it be pruning, chipping, or removing them, you are exposed to being in contact with power lines, getting hit by falling branches and tools, and tripping from heights. Avoid these hazards by:

  • Using protective personal equipment such as hard hats, safety goggles, and ear protection while using a chainsaw.
  • Knowing the drop zone of debris from trees.
  • Properly attaching and securing a tree tie.

Knowing these hazards and their precautions can keep you and your coworkers safe. Thanks to OSHA’s standards, your employer is legally obligated to provide their workers with the proper personal protective equipment, protocols, and tools to avoid workplace accidents. As a worker, you have the right to make these demands to be safe while working and speaking up about these dangers without fear of retaliation.

 

Landscapers’ rights when injured

Fortunately, if you were to get injured on the job, as a landscaper, you have worker rights. One of these rights is getting medical attention right away. It is not necessary for you to file a claim and wait for it to be approved to get the proper care for your injuries. However, under Georgia state law, you must see a doctor or physician that is approved by your employer. The company must provide information about its approved doctors to all employees.

The other right you have is that you’re eligible for workers’ comp coverage. The first step that you’re required to do is to inform your employer and the employer’s insurance about the accident. If you don’t report within 30 days of your injury as stipulated by Georgia law, you may completely miss out on benefits.

In addition, you can also file a claim against your employer in the event your injuries were caused by their negligence to keep you safe, which can lead you to receive maximum compensation. Since Georgia has a no-fault workers’ comp system in place, you don’t need to prove that your injuries were caused because your employer was negligent. As long as the accident occurred during your work shift or by work activities, it’s enough to have a strong case.

Lastly, you also have the right to have an experienced workers’ comp attorney legally represent you. An attorney can help you apply and receive benefits such as:

  • Temporary and permanent disability compensations: lost wages, coverage of medical costs, etc.
  • The necessary medical care for your injuries.
  • Vocational rehabilitation, in which due to your injuries, you will receive training or be educated for a new line of work.

Get the legal representation you need

If you’ve been injured in a landscaping accident, don’t wait any longer to start getting care. Here at Castan & Lecca, we are ready to help you with your paperwork, making sure your injuries are seen by a physician while gathering the amount of evidence you need to get the maximum compensation for your troubles.

Contact us to schedule a free consultation today to evaluate your case and

provide you with an accurate estimate of how much compensation is owed to you. Remember, you’re not alone. We are exceptional attorneys and we achieve superior results.

9 COMMON QUESTIONS ABOUT WORKERS’ COMPENSATION

Castan y Lecca Group
Being involved in a workers’ compensation case can be distressing, stressful, and uncertain, so getting the right legal advice is very important. That is why Castan & Lecca attorneys want to help you solve these situations easily and resolve any concerns that may arise during the process. In this latest blog post, we’ve outlined the most frequently asked questions we get from clients so you can learn about workers’ compensation issues. At Castan & Lecca, we’re here to provide you with assistance in your workers’ compensation case–you can rely on us.
(more…)
(864)761-4141

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

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
castan&lecca-iliana-bio

KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
castan&lecca-ken-bio

ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

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.