You have rights if you are injured while at work or if you are involved in a job-related accident. It is important to understand those rights fully in order to make an informed decision. According to the Georgia Workers’ Compensation Act, a person who is injured on the job while doing their job is entitled to workers’ compensation. For years, Figueredo Law has helped guide people through the process of understanding those rights and helping them get the full amount of compensation they deserve. It is not always an easy path to follow. If you are fired or demoted for making a workers’ compensation claim, call us immediately. Our experienced team can advise of you your legal rights.
Myth #1: I May Be Fired If I File A Claim For Workers’ Compensation And There Is Nothing I Can Do About It.
This is not true.
In Georgia, if an employer fires an employee for filing a workers’ compensation claim, the worker has a separate legal cause of action to sue the employer for wrongful termination. An employer cannot use your job against you.
Myth #2: I Cannot Afford To Drive To The Doctor, Physical Therapist And Pharmacy For Medical Treatment.
This is also not true.
The fact is you cannot afford to miss your medical treatment. The most important thing is to recover from your injury. Additionally, you are entitled to reimbursement for each mile that you drive when you go to the doctor, physical therapists, hospital, pharmacy or wherever you receive services that are reasonably necessary to restore your health.
Myth #3: I Can Collect For Pain And Suffering.
This is not true.
The purpose of the Georgia Workers’ Compensation Act is to compensate the employee for “economic” damages. Economic damages are those items such as lost wages, medical treatment, mileage, permanent impairment, diminished future earning capacity and the inability to return to suitable employment because of the injury. The act does not allow for compensation for pain and suffering.
Myth #4: My Employer States That Since The Accident Was My Fault I Cannot Pursue A Workers’ Compensation Claim.
This is not true.
Workers’ compensation is a no-fault system. The accident can be 100% your fault, and you still are entitled to full benefits under the Georgia Workers’ Compensation Act mentioned above. This may not apply if you were under the influence of drugs or alcohol at the time of the accident.
Original article from https://dyer.law/common-myths-about-workers-compensation/