If you sustain a work injury while on the clock, you should know that you have the right to an attorney more so if your employer’s insurance company denies your claim and says you did not get injured at work.
At The Hurt Boss, we serve injured Brookhaven workers and help them understand Georgia’s workers’ compensation laws. Our attorneys will help you navigate the murky waters of the workers’ compensation insurance claim process. We are ready to go to any lengths in pursuit of the compensation you rightfully deserve, even if it means going to trial.
Our personal injury attorneys in Brookhaven have the answers to all your queries. Get in touch with a Georgia workers’ compensation attorney from The Hurt Boss at 678-806-7715 today for effective legal representation. Remember, we work under a contingency fee arrangement so we offer free case reviews.
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Workers’ Compensation. What is it?
Workers’ comp is a program that helps injured employees get compensation for injuries that arose from and in the course of employment. Workers’ comp typically pays for:
- Medical treatment, including physical treatment, prescriptions, and hospital stays
- Temporary total disability benefits to reimburse your lost income
- Necessary mileage expenses
- Vocational rehabilitation
A workers’ comp attorney can help you understand workers’ comp in Georgia better.
What Should I Do if I Suffer An On-the-job Injury?
- Tell your employer you are hurt. Ensure to inform your employer, manager, or HR about your injury and not your coworker.
- Seek medical attention and select a doctor for treatment. Be consistent when discussing your symptoms and follow your doctor’s instructions.
- After discussing your injuries and symptoms with your doctor, maintain a record.
- Document your injuries by taking photographs of whatever is visible to the naked eye.
- Get a reputable attorney to help you file a workers’ compensation claim.
- Talk to a Georgia workers’ compensation attorney from The Hurt Boss for a better chance of getting your benefits.
- Rest, recuperate and let your lawyer handle your case.
What are the Most Common Workplace Accident Injuries?
Anyone can get hurt on the job. But, some workplace injuries are more prevalent. Here are 10 of the most common accidents and injuries you can get at the workplace:
- Back / Neck Injuries: These injuries may result from falling or sitting for prolonged periods.
- Burns: Workers often get burn injuries when they accidentally encounter hot objects at the workplace.
- Fractures: Employees often suffer fractures in the workplace from falling, walking, or running into objects, getting hit by falling objects, or from a fight at work (Workplace violence).
- Amputations: This type of injury happens a lot in workplaces that make use of heavy machinery and equipment.
- Hearing Loss: Constant exposure to workplace noise can cause hearing impairment.
- Joint Pain: Overexertion from strenuous activities like heavy lifting can cause joint pain.
- Slip and Fall: These types of accidents can happen literally in any workplace be it a bank hall or restaurant kitchen.
- Construction Accidents: Construction sites are very hazardous. Workers risk falling, being struck by falling objects, or getting injured by machines and construction equipment.
- Accidents while traveling for business: These accidents and injuries are common among employees whose jobs force them to be on the road constantly like freight companies.
- Accidents while working with machinery or tools: Employees who operate machines and tools often get injured when they don’t adhere to safety precautions or when the machine malfunctions.
Why Should I Hire a Brookhaven Workers Compensation Lawyer?
Workers’ comp attorneys have the right skill set to help with your claim. When you choose to work with our Brookhaven attorneys, we will:
- Gather crucial evidence including medical records
- Discuss your workability status with your employer
- Take out-of-court testimonies by medical experts, fact witnesses, and other relevant parties.
- Conduct research on Georgia’s workers’ comp case laws and statutes.
- Prepare preliminary versions of motions, pleadings, briefs, and other legal documents.
- Estimate and negotiate a settlement with your employer’s insurance carrier on your behalf.
- Litigate your case, if need be.
With an attorney from The Hurt Boss in your corner, you stand a better chance of obtaining all the medical and income benefits that you deserve.
How Much Does a Brookhaven Workers Compensation Attorney Cost?
It will not cost you anything upfront to hire a workers’ comp attorney because most lawyers take cases on contingency. You will only pay your attorney if they succeed in getting you compensation benefits. You may have to part with up to 25% of your compensation award as contingency fees.
What Step Should I Take When My Workers Compensation Claim is Denied?
You should know that there are various reasons why your workers’ comp claims could be denied. It’s a common occurrence but your lawyer can help you appeal through Georgia’s Board of Workers’ Compensation.
What Responsibility Do Employees in Georgia Have in Filing a Workers Comp Claim?
Georgia laws require injured workers to adhere to the following responsibilities:
- Report workplace injuries in writing right away or within 30 days.
- Provide their employer and insurance carrier with a written notice once they are ready to resume work after recovering.
- Maintain precise records in the entirety of the claims process.
- Cooperate when their insurance carrier demands certain documents or asks them to get treatment from an authorized doctor.
- Maintain honesty when submitting any information throughout the claims process.
- Undertake a drug test after a workplace injury. They must comply or provide a good reason to decline to take the test.
Employer Responsibilities in the Workers’ Compensation Process
Georgia requires employers to:
- Provide injured employees with workers’ compensation claim forms within 24 hours of getting the injury report.
- Provide their workers with material containing information about Georgia’s workers’ compensation system and how to file a claim.
- Fill and file a first report of injury, and send the same to the workers’ comp insurance carrier.
- Send claim forms and other supporting documents to the workers’ comp insurance provider.
- Comply and cooperate with investigators
- Welcome employees back to work once they recover and are ready to resume.
- Report any cases of fraud or attempts to make false claims to Georgia’s workers’ compensation board.
Can My Employer Fire Me for Claiming Workers Comp?
Georgia forbids any kind of employee discrimination by employers for claiming workers’ comp benefits. This means that your employer is not allowed to retaliate in any way.
How Long Do injured Brookhaven Employees Have to File a Workers Comp Claim?
Georgia workers’ compensation laws are stringent. First of all, employees must report their injuries to their supervisor or employer within 30 days.
To remain eligible, employees have to claim workers’ comp benefits within a year of the work-related accident date, one year since making their last payment for authorized treatment, or two years from the last workers’ compensation cheque.
If you want to sue a third party for additional damages, Georgia’s statute of limitations gives you a two-year period.
Can I Sue My Employer?
Since workers’ compensation insurance is not fault-based, you cannot sue your employer for suffering an injury at work. This means that no matter who is responsible for the injuries, you can get paid a portion of your medical benefits and wages. But, getting these no-fault benefits means forfeiting your rights to sue your employer. While this system protects employers from tort liability, it doesn’t bar injured employees from filing a claim and recovering benefits even if they somehow contributed to their injuries.
Put simply, workers’ compensation laws protect employers, while allowing employees who are injured and out of work to collect benefits.
Are Independent Contractors in Georgia Allowed to File Workers Comp Claims?
Georgia doesn’t consider independent contractors as employees disqualifying them from being eligible for workers’ compensation benefits. Be that as it may, independent contractors can recover workers’ comp benefits if the employer is in control of the means, time, and manner of employment.
What is My Brookhaven Workers Compensation Claim Worth?
Workers’ comp will pay for:
- Your medical bills (with a W.C assigned doctor) for all necessary and reasonable treatment including X-rays, surgery, medication, and other treatment. There are no deductibles or copays.
- Any rehab expenses like physical therapy
- All necessary travel costs associated with the treatment of your injury
- Your temporary period of disability via an income loss replacement benefit, which is usually two-thirds of your average weekly wage (with a $575 weekly cap)
- Permanent Partial Disability (PPD) benefits if the authorized treating physician deems your injury as a permanent partial disability according to the American Medical Association Guidelines.
Consult a Brookhaven Workers’ Compensation Attorney Today
Georgia Laws allow workers who get hurt on the job to receive compensation in the form of workers’ compensation benefits. These benefits can help injured workers recover expenses including medical expenses and some of their lost income. But, getting these benefits isn’t a walk in the park. Your employer or their insurance carrier can deny you benefits for whatever reason.
If you sustained a workplace injury and are seeking workers’ compensation benefits, our Brookhaven workers’ compensation attorneys at The Hurt Boss are happy to help. We believe our attorneys can give you the best chance of success with your claim thanks to the experience and exceptional legal skills they possess. For a free case review with one of our attorneys, contact our Brookhaven workers’ compensation lawyers today at 678-806-7715.