Calvin Smith Law - The Injury Lawyers

Can Part-Time Employees Collect Workers Compensation Benefits in Macon, Georgia?

Part-time employees can get workers compensation in Georgia.

When you’re a part-time employee, you are treated differently than full-time workers. You will not be entitled to the same medical benefits as your coworkers. And you may not receive vacation or sick time. However, as your Macon workers comp attorney will explain, you are entitled to workers compensation benefits.

Almost All Employees in Georgia Are Eligible for Workers Compensation

With just a few exceptions, all employees in Georgia are eligible for workers compensation benefits. As long as you meet certain requirements, there’s no reason why your claim should be denied.

Of course, that doesn’t mean that your specific claim will be approved. If you work part-time, your employer may treat you differently than other employees. They may try to tell you that you aren’t eligible for workers’ compensation benefits.

If this happens, you owe it to yourself to meet with a workers comp lawyer in Macon.

There Are Certain Categories of Workers Who Are Not Entitled to Workers Compensation Benefits

In Georgia, as in almost every state, there are certain categories of workers who are not eligible for workers compensation. For example, the law doesn’t require employers to have workers comp coverage for agricultural workers.

The same is true for several other groups of employees. If you happen to fall into any of the categories listed below, there’s a good chance you aren’t entitled to workers compensation:

  • Railroad employees
  • Federal employees
  • Domestic servants such as maids, nannies, and housekeepers
  • Independent contractors

If you work as any of the above, you’ll have to find another way to pursue benefits and medical treatment.

It Also Depends on Your Employment Status

Sometimes, you may think that you’re entitled to workers’ compensation benefits but are not classified as an employee. If the company you work for has you coded as a temporary worker or a consultant, you will not be eligible for benefits.

The same is true for independent contractors. You may have worked for the same company for years. But if you are legally classified as an independent contractor, you cannot pursue workers compensation benefits.

Can Your Macon Workers Comp Attorney Prove You Meet the Criteria for Benefits?

Before your Macon workers comp attorney can pursue benefits on your behalf, they need to demonstrate that you qualify. There are certain legal requirements you must meet in order to receive workers compensation benefits.

At a minimum, you must meet the following requirements:

  • Your injury must have taken place on company property (unless you’re a remote worker or meet certain exceptions).
  • You must be acting within the normal scope of your employment at the time of your accident.
  • You cannot be under the influence of drugs or alcohol at the time of your workplace accident.
  • You must report your injury to your employer within thirty (30) days.
  • You must agree to be treated by an approved workers compensation doctor.

If you clearly meet these criteria, there’s no reason to think that your claim will be denied. However, our workers comp lawyers in Macon have seen many cases where these claims were still denied.

part-time workers can collect workers comp benefits.

You’ll Be Entitled to the Same Benefits as a Full-Time Employee

Just because you work part-time, that doesn’t mean you shouldn’t receive workers compensation benefits. If you were hurt while at work, then your employer’s insurance company should take care of you.

There are two types of benefits you’ll receive once your claim is approved. First, your medical care will be covered by your employer’s insurance company. Obviously, only injuries suffered in your workplace accident will be eligible for coverage.

You’ll receive weekly replacement wages if you are unable to work for more than seven days. These will be equal to two-thirds of your average weekly wages. If you normally make $1,000 per week, then you will receive $666 per week while out on workers compensation.

Of Course, Your Weekly Benefits Will Be Less Since You Are Part-Time

It goes without saying that your weekly benefits will be lower than they are for other, full-time employees. A full-time employee is likely going to have a much higher average weekly wage than a part-time worker.

Of course, there are times when a part-time employee’s rate is a lot higher than full-time employees. If that’s the case, then your weekly benefits may be more than some of your coworkers.

Either way, you will not receive your full wages. Nobody does while they are collecting workers’ compensation.

If Your Claim Is Denied, Your Workers Comp Lawyer in Macon Can Help

As with any other full-time employee, there’s a chance your workers’ compensation claim could be denied. This could happen for any number of reasons, including:

  • Your employer doesn’t believe your injuries were caused by a workplace accident.
  • The insurance adjuster thinks you have a pre-existing condition.
  • Your manager reported that you may have been under the influence of drugs or alcohol at the time of your accident.
  • You refused to take the drug test.
  • You refused to be seen by your assigned workers compensation doctor.

Any one of these reasons is sufficient to justify denying your claim. Your Macon workers comp attorney will have to prove that your employer is wrong in their assessment of your claim.

Your Macon Workers Comp Attorney Can File an Appeal

If your claim is denied, your workers’ comp lawyer in Macon can always file an appeal. It really depends on why your claim was denied. It also depends on the facts of your case.

Now, if the only reason your claim was denied is because you work part-time, your chances of winning on appeal are high. However, if the reason is more substantial, it could be an uphill battle.

Either way, you’re much better off having a Macon workers comp attorney by your side.

If You’ve Suffered a Workplace Injury, Reach Out to a Workers Comp Lawyer in Macon

For the most part, anybody who is injured on the job is entitled to workers compensation benefits. Of course, you have to meet certain criteria to receive these benefits. If your employer has refused to process your claim because you’re only part-time, you should call our Macon workers comp lawyers immediately.

There are certain privileges and benefits that are only available to full-time employees. However, workers comp benefits are not one of them. Your employer is legally required to carry workers compensation insurance to protect you in the event you are hurt on the job.

If you’re afraid your company will not approve your claim, contact our office today. You can schedule your free, initial consultation right over the phone. Or, if you prefer, you can do so through our website.

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