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.

 

(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
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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
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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.