How to get maximum compensation after an on-the job injury
For travelers, hotels generally provide a place to unwind, sleep and feel at home while on the road. For people who work at hotels, the hotel setting presents the potential risk of getting hurt on the job.
Common injuries among hotel workers
Hotel workers perform a wide range of duties that can lead to a number of injuries.
- Room attendants, housekeepers and maids are often required to lift, bend, and maneuver heavy equipment and carts around the hotel. These motions can lead to muscle strains and sprains.
- Cleaning and janitorial staff may experience skin irritation and other negative reactions to the chemicals they use to clean and sanitize hotel properties.
- Maintenance workers and kitchen staff may sustain cuts, puncture wounds and burns.
Back pain, limb pain and neck pain are typically caused by repetitive motions and heavy lifting and are common among many workers in the hospitality industry.
Workers’ compensation for Atlanta hotel workers
Employees who are injured at work may file a claim under their employer’s workers’ compensation insurance policy.
Do you have to talk to the insurance company in order to file a workers’ compensation claim? Not necessarily. However, there are important steps you should take…
Workers’ comp provides the following benefits to injured workers in Georgia:
- Medical benefits. All medical bills and related expenses that arise out of a work-related injury are covered under workers’ comp, including hospital bills, surgeries, medications, doctor visits and rehabilitation.
- Lost wage reimbursement. Injured employees may also receive financial compensation for a portion of their lost wages (typically two-thirds of their average weekly wage) when they’re unable to work or can only work in a limited capacity while they heal from their injuries.
- Death benefits. These benefits are available to certain dependents in the event a worker dies from a work injury.
Workers’ comp eligibility
mmmPeople who are legally classified as employees may file a workers’ comp claim if their employer carries insurance. Georgia law requires most businesses that employ 3 or more workers to carry workers’ comp insurance.
Find out who is eligible for workers’ compensation benefits in Georgia, and who is not (exceptions). What are the determining factors involved in eligibility?
Workers’ comp is available to workers without regard to whether the employer was at fault for the accident that caused their injury. However, the employer’s insurance company will likely bar the worker’s claim if the worker was intoxicated at the time of the accident or if the worker intentionally caused his or her own injury.
Otherwise, employees are generally permitted to utilize the workers’ comp process as a relatively fast way of receiving the financial help they need to seek medical attention while they recover from their work-related injury and, ideally, return to work.
Filing a claim for a workplace injury
In the event of a hotel injury in Georgia, workers should take the following steps to get workers’ compensation:
- Seek medical attention. Seek medical attention as soon as possible after a work injury. In order to receive compensation, it’s crucial that your injury can be tied to a work event, so any delay in treatment could compromise your claim.
- Notify your employer. You must notify your employer within 30 days of your work-related accident. In most cases, failure to notify your employer within 30 days will prevent you from receiving any compensation for your injuries.
- File a claim by filling out the WC-14 Form available through the Georgia.gov website. When reporting the injury, you should detail the surrounding circumstances in which the accident took place, including the date and time of the accident and any supporting evidence, like photos of the area in which the work accident occurred.
- Contact an attorney. If your claim is denied or you need help filing your claim, contact a workers’ compensation attorney to ensure your rights are protected.
Do I need to hire a workers’ compensation attorney?
Injured workers sometimes file their claims with their employers without giving thought to consulting a personal injury attorney. The workers’ compensation process is generally accepted as an efficient means of meeting an injured employee’s needs and protecting the employer from a lawsuit.
Nevertheless, the process does not always work perfectly:
- In some cases, an employer may not actually have workers’ comp insurance despite creating the impression of being insured to comply with Georgia’s workers’ comp laws.
- At other times, an employer may contest a worker’s claim or quietly refuse to report the accident to the insurance company, especially if the employer caused the accident by violating a legally-mandated safety regulation.
There are also times when an injured worker may be able to receive additional financial compensation by filing a personal injury claim in court against a 3rd party who may have caused the accident.
Most Atlanta workers’ comp attorneys provide free case evaluations to determine injured workers’ best approach toward getting all of the compensation they deserve. Moreover, an experienced workers’ comp lawyer has a thorough knowledge of the workers’ compensation process. Therefore, injured workers who hire an attorney can focus on healing while a seasoned legal professional handles the legal process.
Top 3 reasons why working with an experienced work injury attorney is crucial for the successful outcome of your case.
For injured hotel workers, the most important priorities are to get medical attention and to receive compensation for lost income.
A Georgia workers’ compensation lawyer will ensure the worker receives the necessary medical attention to diagnose and treat the injury. The attorney may also use the doctor’s evaluation and treatment plan to properly support the injured worker’s claim for compensation.
Employers and insurance companies have their own vested interests in workplace injury cases. Injured workers need a legal advocate who will protect their interests too.
In the news: Proposed ordinance aims to protect cleaning staff at Irvine hotels
Hotel housekeepers in Irvine are demanding an increase in salary and respect in the workplace. These workers report a variety of environmental hazards, including:
- Hostile hotel guests
- Sexual assault
- Fear of retaliation from their employers
According to FBI data, Irvine consistently ranks among the safest cities due to the low crime rate in the area. Nevertheless, hotel workers report hazardous workplace experiences that are contrary to the city’s reputation for safety.
Unite Here 11, a union that represents more than 32,000 hotel workers, is advocating for Irvine’s city council to pass an ordinance that follows the lead of California cities like Los Angeles, Long Beach and Glendale.
The ordinance would require hotel employers to do the following:
- Provide employees with a personal safety device that employees could activate whenever they perceive a safety risk.
- Maintain onsite security personnel around the clock.
Additionally, employers would be prohibited from taking action to prevent employees from reporting unsafe situations to the police.
The ordinance would also restore daily room cleanings in Irvine hotels to make workloads more manageable and limit the amount of work hotels may assign to housekeepers.
Contact a Georgia workers’ compensation attorney
If you’ve been injured in a workplace accident in Georgia, contact the experienced attorneys at Gerber & Elkins Workers’ Compensation Attorneys. Our attorneys have over 100 years of combined experience helping injured workers across Georgia recover the compensation they deserve.
Contact us today for a free consultation of your case.
