After a long weekend with friends and family celebrating on the lake or by the beach, you may be reminiscing on all of the fun times you had. You may also be wondering what Labor Day is really all about. Each year thousands of U.S. employers give their employees a day off to relax, yet the true meaning of Labor Day may be misunderstood by many people. The celebration of Labor Day began in the late 1800s and was a way for industries and companies to honor their workers for all of their hard work and dedication. During this time, there was a newfound appreciation for workers and understanding that they deserved increased rights, which in turn led to many of the protections employees have today.
Unsurprisingly, the creation of the worker’s compensation system followed closely behind the establishment of Labor Day. In the early 20th century, workers’ compensation was developed to protect injured workers and give them various rights so that they would not carry the entire burden of an on-the-job injury. When the idea of workers’ compensation was first discussed, the U.S. government attempted to federalize the laws so each state was required to give a uniform set of rights to their employees. This failed miserably because the states had their own unique ideas of what rights workers should be entitled after an injury. This divide resulted in the workers’ compensation system as we know it today: each state is now allowed to determine their own workers’ compensation laws within reason.
As we have mentioned in previous blog posts, Georgia is a no-fault state meaning that an injured worker does not have to prove who was at fault in order to receive workers’ compensation benefits. There are also three main rights that injured workers in Georgia are entitled to:
- Throughout the duration of your treatment, you are entitled to weekly indemnity checks while you are out of work healing from your injury. The amount of time you will need to be out of work is generally gauged by a medical exam to determine the severity of your injury and develop a proper treatment plan. This exam is often conducted by an employer-elected doctor also known as an Authorized Treatment Physician (ATP).
- In addition to the initial medical exam, Workers’ Compensation covers your medical treatment as well. If you are not satisfied with the recommendation the ATP makes for your treatment, because they can sometimes be biased to dismiss the severity of your injury, you have the right to change doctors to receive a second opinion. In some cases, you may want an IME (independent medical exam) which allows you or your attorney to select the physician that you would like to examine your injury and identify the proper treatment plan.
- You have a right to a PPD rating, or Permanent Partial Disability rating, once you have reached maximum medical improvement (MMI). This MMI turns into a percentage that will then be paid out to you as a lump sum amount. PPD accounts for any lasting impacts of an injury that are permanent or not treatable within a finite period of time.
It is clear to see that our country has come a long way since the establishment of Labor Day and workers’ compensation. This holiday gives employees the opportunity to relax and reflect on the hard work they devote each and every day. If you feel as though your employer is not honoring your rights as an injured Georgia worker, contact Poirier Law Firm today. Our team is dedicated to upholding the rights that were given to American employees many years ago and we will do everything to ensure you receive the benefits you are entitled to as a worker.
Source: https://www.johnlocke.org/update/labor-day-focus-on-workers-compensation/