Common Limitations to Worker’s Compensation Benefits for Georgia Workplace Accident Victims

Workplace accidents and injuries are common. From tripping over a cord left on the floor to injuring your back while doing heavy lifting, most Georgia employees are vulnerable to at least some type of injury at their place of work. When accidents occur and Georgia residents are injured while on the job, they may be able to receive workers’ compensation benefits to help them out financially while they recover. Administered through the State Board of Workers’ Compensation, the benefits can cover medical expenses, lost wages, and even temporary or permanent injuries or disabilities.

However, like any insurance policy, actually recovering under the scheme can sometimes be difficult, as there are many complicated rules and regulations governing worker’s compensation. Although disputes are initially handled in administrative agencies, sometimes injured accident victims may have to bring their case all the way to court to settle disputes over the appropriate amount of compensation.

For example, the Court of Appeals of Georgia recently considered the case of a Georgia woman who was injured while at work when she tripped over an open drawer and fell onto the floor. She suffered severe pain and injuries in her shoulders and arms, limiting her ability to work. After many visits to several doctors and continuing pain in her shoulders and arms, she eventually filed for workers’ compensation. She was awarded benefits, but only for a limited period of time. Because one of the doctors she visited had said that he thought she was able to return to work, even though the plaintiff herself did not feel as though she could, she was only awarded benefits to cover up to that point. The Court of Appeals upheld this decision, finding that it was based upon evidence in the record and that the doctor’s opinion could be relied upon to limit her benefits in this way.

Another factor that may limit an individual’s ability to receive employment compensation is how the accident occurred. If the employee was engaged in misconduct at the time of the accident—for example, using alcohol or drugs, or being violent towards others—then they are not eligible for workers’ compensation benefits for injuries arising from their misconduct. However, workers who are somewhat responsible for the injury—being distracted or rushing and thus making mistakes—may still be able to recover compensation.

While individuals do not need an attorney to receive workers’ compensation, it can be helpful for victims to work with an attorney experienced in this area of law to ensure that they get the maximum amount available for their injuries.

Have You Been Injured in a Georgia Workplace Accident?

If you’ve recently been injured in a Georgia workplace accident, you may be entitled to compensation under Georgia’s Worker’s Compensation scheme. Contact McAleer Law immediately to discuss your case free of charge with a dedicated personal injury attorney. Our attorneys understand the common barriers accident victims face when trying to recover and how to overcome them and will work with you at every step of the process. You can trust your case is in good hands with us. To learn more, call us today at 404-622-5337.

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