In Georgia, Workers’ Compensation functions as a “no-fault” system for compensating injured workers for time missed from work also for expenses of necessary medical care. The machine presents trade-offs for Georgia workers. Once it bars claims against an employer for personal harm, in addition, it bears a number of those guards an employer may employ from a workers’ claim for example “assumption of the risk” or the injury was a result of a fellow worker.
This system ensures you can’t sue your employer from State/Superior courtroom to your own injuries, such as you would in different cases. Rather, an injured worker is paid in accordance with a schedule set from the Georgia State Board of Workers’ Compensation. Regrettably, this means that you won’t have the ability to sue your company for these things as pain and discomfort from the injuries.
Workers’ compensation is frequently considered on a federal or national basis. But it is vital to see that it really varies from state to state concerning the numerous regulations and requirements which are involved.
Who is allowed to make a claim?
The foundation of workers’ compensation law is in defining who is an employer and an employee for workers’ compensation purposes. Many types of employment or employers are not subject to workers’ compensation. Types of employment not covered by Georgia Workers’ Compensation include Domestic servants, Farm laborers, Railroad common carriers, Sports officials (umpire, judge, linesman, scorekeeper, timekeeper, etc.), Licensed real estate salespersons with independent contractor agreements, Partners in a business, and Independent Contractors.
Georgia Workers Compensation does NOT apply to employers that do not have at least three employees operating in the same business within Georgia. These minimum three employees must be “regularly in service” within the state. The term “regularly” does not mean constantly or continuously, only that there is a routine practice by the employer to utilize three or more employees, even if that many employees are working on the date of an accident. In most situations your boss will count towards the three employee requirement.
Employers often do everything they can to classify their employees as independent contractors to protect themselves from having to pay workers’ compensation to their injured employees. There may be a debate as to whether you are in fact an independent contractor, but if you one, you are not entitled to workers’ compensation. While it can be complicated determining whether you are an employee or an independent contractor.
Obviously, with any questions regarding workers’ comp in Georgia or how it impacts you and your organization, you still need to talk to a Georgia workers’ compensation attorney. Look at a neighborhood law firm who is knowledgeable on your case.