Even if you are legally eligible, some steps can refuse your claim. It is important to know what you may disqualify.
Workers’ compensation provides financial and medical benefits to employees who get hurt. Not everyone is eligible in Georgia. Some workers are exempt and some steps may disqualify you.
Knowing who is not eligible for compensation can help you avoid expensive mistakes when filing a claim. If you are not convinced of your rights, lawyers who talk to Meccan workers can explain and guide you.
Who is exempt from workers’ compensation in Georgia?
Georgia law requires most of the businesses, which have three or more regular employees to take the workers’ compensation insurance. But some workers are not eligible under state law, including:
1. Independent contractor
Many independent contractors believe they are entitled to workers’ compensation but it is not. Because they are not considered employees, they are responsible for their insurance. But there may be misunderstandings. If you think you have been wrongly classified as an independent contractor, GA can help, talking to the workers’ camp attorney.
2. The agricultural worker
In Georgia, agricultural workers are exempt from workers’ compensation coverage. This applies to all agricultural workers, regardless of the size or number of employees. Although some agricultural employers can voluntarily provide coverage, it is not needed by state law.
3. Household workers
Domestic employees, nanny and caretaker workers working in private homes do not usually receive the benefits of compensation to workers. Since they work in a house that is not a business order, Georgia’s law does not have to take insurance from homeowners.
4. Small business employees
Businesses that employ less than three regular employees do not need to be hurt if you are working in a small business and get hurt on this job unless the employer voluntarily provides insurance.
5. Corporate officers and LLC members
Corporate officers and LLC members are considered an employee under the Georgia law and they automatically join the workers’ compensation coverage. However, five corporate officers or LLC members can choose to be exempt from this coverage by filing a form WC-10 with their insurance company. If they do so, if they get hurt on the job, they will not get the benefits of workers’ compensation.
Note: Single proprietors and partners are not considered to be employed and therefore they are not included in workers’ compensation unless they choose to be filed with their insurance company by filing a form WC-10.
Steps that you may disqualify from the benefits of compensation of workers
Even if you are legally eligible, some steps can refuse your claim. It is important to know what you may disqualify:
1. Deliberately mismanagement
If an injury results from a deliberate act – such as breaking the protective rules or damaging the purpose – the benefits of workers’ compensation can be denied. Employers can use it as defense to pay this claim.
2. Use of drugs or alcohol
If you are under the influence of drugs or alcohol at the time of the accident, your claim will be denied. Many employers need drug testing after the accident and the positive result will disqualify you.
3. Do not use safety equipment
Georgia law says that if an employee does not comply with the safety rules, employers can deny these claims. For example, if a worker refuses to wear a protective garment and hurts, the employer cannot be responsible for compensation.
4. Injuries out of work
Workers Camps apply only to work -related injuries. If there is an injury during a break, when traveling, or off the clock, it is unlikely to cover it. But there are some exceptions such as injuries to work.
5. Do not report injury on time
Georgia law needs to be reported to be injured by injured employees within 30 days of work. If you do not inform your employer within this time, you lose your right to the benefits. The sooner you report an injury, the stronger your claim will be.
What to do if your compensation claims have been denied
If you think you have been wrongly denied benefits, you have the right to appeal the decision. The Georgia State Board of Workers allows compensation workers to challenge unfair refusal and request a hearing before the judge.
The common reasons for denial are:
- The dispute over whether the injury is related to work.
- Pre -existing conditions.
- Paper action or deadline deprived of
A worker can help you get the GA evidence, file appeals and represent you in hearing so that you can get the benefits you owe.
Get legal assistance to your workers for a camp case
Legal aid may make a difference if you have been refused to reduce workers or need help to file a claim. Workers’ compensation lawyers in Macon GA can review your case, challenge unfair denial, and make sure you get what you are getting.
