Will Fault Emerge Into Workers’ Compensation Laws?

Recent Revisions Make Changes to The Workers’ Compensation Law

New changes that came into effect March 2^nd of 2106, slowly dissolve the legislative deal made in 1911 where workers gave up all rights to sue their employer’s for negligence in return for which the company paid for workplace injuries mindless of fault.

Current Changes Hinder Future Injury Claims:  

• Employee Discharge or Suspension could result in lost benefits: In the past, an employee who has suffered a work injury and would return to work for an employer has always received the protection of the Workers’ Compensation Statute.

  Even if the employee was expired for a good cause during a post-injury healing, he was entitled to continued proceeds of Temporary Total Disability Benefits. The new statute now states (defined by the Unemployment Compensation Law,) if an employee is discharged or suspended for misconduct or substantial fault, the employee’s Temporary Total Disability benefits could be suspended.

• Moving forward, organized bureaucratic hearings in both Unemployment Compensation and Workers’ Compensation Forum will occur. A decision is yet to be set as to one forum being confined to the other. In other words, a worker could be issued the double “whammy” of being denied benefits in both the workers’ compensation and unemployment compensation case.
• The new law also states that an employee who violates an employer’s drug and alcohol policy at the time of injury would not qualify for any disability benefits under the Workers’ Compensation System.
• Lastly, the revised statute allows Permanent Partial Disability involving cases of traumatic injuries; decisions as to whether benefits should be given are based off the permanency of the injuries and if the injuries were “caused by other factors,” other than work-related issues. However; the law fails to define the meaning of disability, or “other factors,” and the gray areas in between. The problems raised by the possible interpretations of these terms are scheduled to be affirmed in succeeding court hearings.

These new statutes explicitly create grounds for further disputes in the supposedly “no fault” compensation system—predicted to concentrate in more litigation and potentially raising the cost of workers’ compensation for all persons’ of interest.

If you need assistance filing for workers’ compensation benefits or have been denied work injury benefits, contact The Brown Firm today. We are experienced in the workers’ compensation laws and understand the statute of limitations when filing for work-related injuries.

Employees are entitled to benefits after suffering a work injury or illness. Call our Georgia Workers’ Compensation Lawyers in Athens, Atlanta, and Savannah today at 912-200-9755 or click below for a no risk-free consultation.

Want to learn more? Check out our post on Factors That Affect The Value of a Personal Injury Settlement.