How to receive workers’ comp benefits for a construction injury?

construction workers compensation macon

According to the U.S. Bureau of Labor Statistics, there are approximately 200,000 construction workers in Georgia. Jobs in the construction industry have grown 28 percent over the past decade and are expected to continue growing over the next 10 years.

Unfortunately, the construction industry also leads in workplace injuries.

In 2018, the private construction industry in Georgia had the largest number of workplace fatalities (31). Of those deaths, 61 percent were in specialty contractor trades. In addition to these deaths, thousands more are injured while performing their duties on a construction site.

So what are your rights if you are injured while working construction in Georgia, and when should contact a workers’ compensation attorney?

Continue reading for the answers.

QUICK CONTACTS

Phone

800-688-1651

Location

577 Mulberry St, Suite 600
Macon, GA 31201-8242

Business Hours

8:30am – 5:30pm (M-F)
Closed Saturday & Sunday
Attorneys available on weekends by appointment

GET FREE CONSULTATION


    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

    Read More


    We invite you to contact us and welcome your calls, letters and electronic mail.
    Contacting us does not create an attorney-client relationship. Westmoreland Patterson Moseley & Hinson, L.L.P. does not represent you, and no attorney-client relationship exists, unless and until a written retainer or engagement agreement has been signed by both you and the Firm.
    Until such an agreement has been executed, the Firm has not agreed to act as your attorney or to take any action on your behalf.
    Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

    Workers’ compensation for Georgia construction crews

    Georgia construction crews

    Georgia employers are required to provide workers’ compensation for employees when they are hurt on the job. Georgia law requires that a claim be filed within 30 days of the injury or you risk being unable to collect compensation.

    In addition, your employer may provide a list of doctors that you must use to treat your injury, known as the panel of physicians. This list must be posted in a conspicuous place and visible to all employees, such as a break room, by a time clock or in a lobby.

    If your employer does not provide a list, the list is inaccurate or they have not provided you with information regarding how to use the list, you may seek treatment from any physician you choose and your medical costs must be covered by your employer or their insurance company.

    What about subcontractors and workers’ compensation?

    Georgia is 1 of 44 states that regulates workers’ compensation for subcontractors. Although the law excludes independent contractors from collecting, any employee of a subcontractor on a construction site should provide workers’ compensation to their employees.

    However, there are instances when a subcontracting company has too few employees to require workers’ compensation coverage. In Georgia, the employee of the subcontractor may be considered a statutory employee of the general contractor.

    Unsafe working and jobsite conditions

    Unsafe Jobsite GA

    Even though construction can be a dangerous industry, it’s the responsibility of the employer to keep the job site as safe as possible. OSHA oversees construction site safety and has many regulations regarding safe practices on those sites that must be followed.

    If you are injured while working on a construction site, OSHA may investigate the site to be sure all safety procedures are being followed. If your employer was using questionable business practices or cutting corners to save money at the risk of employee safety, they could face penalties.

    Many construction workers avoid filing a workers’ compensation claim as they feel there will be retaliation should an investigation reveal unsafe practices. The fact is you can’t be fired or retaliated against for filing a workers’ compensation claim with your employer.

    What workers’ compensation benefits are available to injured construction workers?

    A workplace injury entitles you to coverage of your approved medical expenses as well as reimbursement of lost wages. Lost wages may fall into 4 different categories of benefits.

    If you have a temporary disability that leaves you unable to work, you could be eligible for temporary total disability (TTD). If you can return to work with modified job duties (which could mean reduced hours and wages), you may be eligible for temporary partial disability (TPD).

    If you lost the permanent function of a body part or body system, your physician will assign you a percentage of impairment in order for you to receive permanent partial disability (PPD). If it’s determined that you are totally and permanently disabled, your benefits will be based on the impairment rating system under permanent total disability (PTD).

    Who’s liable in construction accidents?

    Georgia law doesn’t allow you to sue your employer for work-related injuries. However, your employer may not be the only person liable for your injury. Construction site owners, architects, engineers, equipment manufacturers and others could be responsible for the accident that led to your injury. In that case, you may be able to sue a third party for additional compensation, including pain and suffering.

    When you have been injured in a construction accident, it is in your best interests to contact an attorney as soon as possible to determine what rights you may have under the law.

    If you have been injured in a construction accident, contact the Georgia law firm of Westmoreland, Patterson, Moseley & Hinson today by filling out the easy online contact form or give us a call. We will review your case, guide you through the entire process and fight to get you the compensation you are entitled to under the law.

    We have experience helping people just like you preserve their rights under the law and get the compensation they are entitled to receive. Contact us today for your free consultation.

    FREE Consultation

    800-688-1651

    null

    null

    null

    null

    null

    null

    null

    Once again, Westmoreland Law has been recognized by its peers as part of an elite group of approximately 10 percent of all attorneys who hold an AV Preeminent Rating. An AV Preeminent Rating is a designation trusted worldwide by buyers and referrers of legal services.