Injured while working at an Atlanta Starbucks? Gerber & Holder can help you secure the workers’ comp benefits you need.
Following the company’s founding in 1971, the first Starbucks in Atlanta opened in 1994. Currently, this coffeeshop juggernaut employs about 400,000 people around the world.
Because Starbucks locations are often crowded and quite busy, the risk of injuries to employees, both from accidents and from repetitive job duties, is quite high. In such cases, workers’ compensation benefits may be available to assist injured workers with wage loss and medical expenses during their recovery.
Like any massive restaurant conglomerate, Starbucks has had its share of workers’ compensation claims for on-the-job injuries. While Starbucks has a reputation for generally having a just and smooth claims process, injured workers may still need a highly qualified Atlanta workers’ compensation attorney if they suffer a serious injury or their claim is denied.
Read on to learn more about your rights after an injury at Starbucks and the steps required to file a claim to ensure you get the benefits you deserve.
Common workplace injuries at Starbucks
Workplace injuries at Starbucks can spring from multiple sources. A barista may get a scald burn injury from hot coffee or hot steam. Workers may also suffer broken bones or head injuries after a slip and fall accident on wet floors or an overexertion injury while lifting heavy boxes of merchandise.
Additionally, Starbucks employees have an increased risk of injuries due to repeated motions. From keying in information on a cash register to the repetitive movements involved in operating an espresso machine, it’s possible to develop debilitating conditions, like carpal tunnel syndrome or tendonitis, that build up into serious health issues over time.
Other catastrophic injuries can be sustained from violent attacks by coworkers or irate customers who claim their orders were incorrectly served.
Work-related arm and elbow injuries & Georgia workers’ compensation
Learn what to do if you hurt your arm or elbow on the job in Atlanta.
What injuries are covered under Georgia workers’ comp?
In Georgia, workers’ compensation extends to a wide range of injuries, covering those resulting from one-time accidents as well as occupational diseases or illnesses that develop over time (like carpal tunnel syndrome), as long as the condition is directly caused by the workplace or job duties.
To be eligible for benefits after an injury, you must be an employee (not an independent contractor), and your employer must have a minimum of 3 employees, full- or part-time.
However, it’s important to note that not all injuries qualify; for instance, injuries that are self-inflicted, occur during non-work-related activities, such as breaks, or are due to intoxication are generally excluded from coverage under workers’ comp.
So, if a Starbucks employee slips on an icy parking lot while taking trash to the dumpster and hurts their back, they’re likely covered by workers’ compensation, as they were on the premises performing their job duties at the time of their injury.
However, if two employees are engaged in horseplay while on the clock and are injured, they’re likely not covered by Georgia workers’ compensation because they were not engaged in work-related tasks at the time of the accident.
What is NOT covered by workers’ compensation in Georgia?
Understand the limits of workers’ compensation in Georgia.
What steps do Starbucks employees need to take to get workers’ comp benefits in Georgia?
To qualify for workers’ compensation benefits in Georgia after an on-the-job injury or occupational disease, Starbucks employees (or any employee in Georgia) need to follow specific steps. Here’s an overview:
- Report the injury or illness to your employer. Georgia law requires that this report be made within 30 days of the accident or discovery of the occupational disease to be eligible for workers’ compensation benefits.
- Seek medical treatment. This is an essential step in a workers’ comp claim because it provides documentation linking your injury or illness to your job. If your employer has a list of approved health care providers for workers’ compensation cases, you must choose from this list unless it’s an emergency situation.
- Initiate the claim process. You’re required to file Form WC-14 with the State Board of Workers’ Compensation to formally start your claim. This step is essential for officially documenting your injury or occupational disease and seeking workers’ compensation benefits.
- Follow doctor’s orders. Follow through with all medical appointments, treatments, and recommendations provided by your health care provider. Failure to comply with treatment plans can affect your eligibility for continued benefits.
- Keep detailed records. Keep all documentation related to your injury or illness, medical treatment, and any communication with your employer or their insurance company. This documentation can be crucial if there are disputes about your claim.
If you suffer serious injuries that require extensive time off work or you encounter issues with your claim (such as denied benefits), consider seeking advice from a workers’ compensation attorney. They can provide guidance specific to Georgia’s laws and help protect your rights throughout the process.
Common defenses insurers & employers use to deny claims
Protect your Georgia workers’ comp claim by watching out for these denial tactics.
What workers’ comp benefits are injured Starbucks employees entitled to?
Injured Starbucks workers in Georgia are generally entitled to several types of workers’ compensation benefits. These benefits are designed to cover medical expenses, provide financial support during recovery, and compensate for any permanent disabilities.
Here’s an overview of the types of benefits that are typically available:
- Medical benefits. These cover all necessary medical treatment, hospital bills, prescriptions, and rehabilitation costs related to the work injury or illness.
- Wage loss benefits. These cover lost wages while you’re unable to work. They include:
- Temporary total disability (TTD) benefits. These benefits are paid if you’re completely unable to work on a temporary basis. They’re typically two-thirds of your average weekly wage, up to a maximum limit, and can be received for up to 400 weeks from the date of injury.
- Temporary partial disability (TPD) benefits. If you can return to work but in a limited capacity due to your injury, you may receive TPD benefits. These benefits are two-thirds of the difference between your previous and current earnings, subject to a cap and payable for up to 350 weeks from the injury date.
- Permanent partial disability (PPD) benefits. These benefits are payable if you have a permanent impairment that results in a partial disability, even after reaching maximum medical improvement. The amount and duration depend on the body part affected and the degree of impairment.
- Permanent total disability (PTD) benefits. If a catastrophic injury prevents you from returning to work permanently in any capacity, you may be eligible for lifetime benefits.
- Vocational rehabilitation. In some cases, if you’re unable to return to your previous job due to your injury, you may be eligible for vocational rehabilitation services to help you find new employment within your capabilities.
- Death benefits. If a work-related injury or illness results in death, the worker’s dependents may receive death benefits. These include burial expenses up to a certain limit and compensation for lost income.
What do I do if my Starbucks workers’ comp claim is denied?
If you’re denied benefits after a workplace injury, you have the right to appeal, but you may need to hire an attorney to help.
An attorney understands the complex legal procedures and deadlines involved in the appeals process and can ensure all necessary paperwork is filed correctly and on time.
They can also help you gather the comprehensive medical evidence, witness statements, and expert testimonies you need to strengthen your appeal and represent you in court hearings, if necessary.
Injured while working at Starbucks in Georgia? Gerber & Holder can help!
If you’re a Starbucks worker in Atlanta dealing with a denied workers’ compensation claim, you don’t navigate this challenging time alone. With over 75 years of combined experience, our skilled Atlanta work injury attorneys specialize in workers’ compensation law and have a deep understanding of the struggles injured workers face.
We’re dedicated to advocating for your rights and securing maximum benefits after a serious work injury or illness. Reach out to Gerber & Holder Workers’ Compensation Attorneys today for a free consultation and take the first step toward securing the benefits you deserve.
