Getting sick or sustaining an injury while working can be an inconvenient and distressing experience. The shock, pain, suffering, and battles with both the employer and insurance company can be draining at the moment when you need to heal and recover.
Work-related injuries are never expected, but they are not uncommon in the state of Georgia and that is why the Workers’ Compensation Act was established. If you work in a company with three or more employees, you are entitled to compensation benefits if you get injured or fall sick while performing your duties.
The Workers’ comp process in Georgia can be hard to comprehend, especially if this is your first time. Fortunately, there are Buckhead workers’ compensation lawyers including The Hurt Boss who know the law inside out. Our team is ready to help you understand workers’ compensation and help you make a claim if you have a solid case.
As a victim of a workplace injury, it is the responsibility of your employer to cover all injury or illness costs. If you have been recently injured while at work and don’t know where to start, give our Buckhead personal injury lawyers a call at 678-806-7715 to get started!
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What Is Workers’ Compensation?
Workers’ compensation is a type of insurance or coverage governed by state laws. The Georgia Workers’ Compensation Act mandates any business or company with three or more employees to buy and provide cover for them.
This type of coverage is designed to protect the well-being of workers in the long term by providing a financial safety net following an injury or illness while at work.
Workers’ compensation additionally covers employees against financial disaster following a work-related injury as they might not be able to perform like before. With workers’ comp, you are entitled to the following:
- Medical treatment paid by your employer’s insurance company
- Physical therapy
- Temporary total disability benefit if the physician takes you out for work for the statutory period
- Necessary travel expenses
Also, you may eligible for vocational rehabilitation. The laws regarding this may not be as straightforward and that is why it is imperative to get a lawyer who specializes in Georgia law.
What Should You Do When You Sustain Injury at Work?
What you do after the injury plays a major role in getting workers’ comp benefits so ensure you do the following:
Seek Medical Attention
It is imperative that you immediately make an appointment with a doctor that is approved by your employer. If you are looking at a severe injury, go to the nearest hospital as your employer is expected to cover emergency treatments. Make sure you follow the instructions provided by the doctor, take the prescribed medication, follow any work restrictions and attend all appointments.
Notify Your Employer
It’s also important to report the injury or illness to your supervisor or employer in wiring. Also, keep in mind that you have 30 days from the date of injury to notify the relevant party or you will lose the chance to get full benefits or any for that matter.
Record the Injury and Any Asset Damage
If possible, it is highly advisable to take photos and videos of both your injury and the scene where the accident occurred. These will act as great types of evidence to support your claim and ascertain you get the compensation you deserve. Your employer might deny that the incident is related to your injury, but with photos and videos, you will be in a better position during the dispute.
Update Your Employer
If the employer-approved doctor gives you work restrictions, make sure you get it in writing and send a copy to the boss as well as the insurance company if necessary. If the doctor instructs you to take a break from work indefinitely, you will want to know how frequently you have to check in. Lastly, ensure you comply with their instructions.
Keep a Written Journal of Both Injuries and Symptoms
In addition, make detailed notes of the incident and keep them safe. Ensure you do this immediately after the accident and include any names of the witnesses as well as dates. This will go a long way in keeping your story coherent. Remember loopholes can have an effect on your benefits.
Hire a Workers’ Compensation Attorney
If you think you qualify for workers’ comp benefits, it’s advisable to reach out to a qualified lawyer with experience in either personal injury or employment, preferably both.
If you choose to work with the team at The Hurt Boss in Buckhead, the initial consultation will be free and you will get to fight your case on a contingency basis.
Our skilled lawyers will provide solid advice regarding your case, including whether pursuing benefits is worth it and how much you can expect in a settlement.
The Most Common Workplace Accident Injuries
There are all sorts of work-related injuries. However, some are more common than others. It also goes without saying that workplaces with more physical labor are more prone to work-related injuries compared to others.
For example, jobs that entail constant lifting puts a strain on the employees’ bodies. Some of the common work-related injuries include:
- Back & neck injuries
- Hip injuries
- Traumatic brain injuries
- Electrocution and burns
- Slip and fall
- Joint pain
- Carpal tunnel syndrome
- Occupational illnesses
- Construction accidents
Some of the injuries may be mild, while others can have a long-term effect on both your body, personal life, and career. So, it is wise to protect your rights by working with a competent workers’ comp attorney.
Why Work With a Buckhead Workers’ Compensation Lawyer?
Making a workers’ comp claim is a complex, time-sensitive process, as it has a statute of limitations or a deadline. And while employers are expected to be transparent regarding the procedures following a work-related injury, many employees just do not know how to go about it.
If you want to file a workers’ compensation claim, you will want a great lawyer with experience in employment. This should be able to guide you and do all the heavy lifting on your behalf to get sure you get a fair settlement.
The lawyers at The Hurt Boss will also be able to help if you have already filed a claim but were denied. Our team will help you figure out why it was denied and start the appeal process in accordance with the law.
They will garner all the required documentation to support your appeal, prepare the necessary paperwork and ensure everything is filed or submitted on time.
How Much Does It Cost to Hire a Workers’ Comp Lawyer in Buckhead?
As we mentioned earlier, our firm operates on a contingency basis. Basically, this means you do not have to pay us anything for your services unless you win the case. For us to get paid, first we have to make sure you get compensated so that we can deduct an agreed-upon percentage from the proceeds.
We work on a contingency basis because we know how hard dealing with medical bills, daily expenses, and battles with the employer can be and you do not want another burden in the form of legal fees for a case you are not certain you will win.
What Should I Do if My Claim Is Denied?
If you are not satisfied with the outcome of your claim, in Georgia, you are allowed to seek an appeal with the State Board of Workers’ Compensation. It’s paramount to bear in mind that the dispute will be overseen by an Administrative Law Judge.
Their job is to determine what benefits, you as a workplace accident victim are entitled to. Since the State Board of Workers’ Comp allows both employers and employees to be represented by an attorney, you will want the best legal representation for a chance to win.
If your appeal is denied, you have the right to file a petition with the State Board’s Appellate Division. In this stage, you will have to argue your claim in front of a panel of judges.
What Responsibilities Do Employees Have in Workers’ Comp Claims?
For you to be eligible for workers’ compensation benefits, you need to adhere to the following:
- Follow the company policies when working.
- Report an injury to your employer no later than 30 days following the accident.
- Prove that the injury was not due to willful misconduct.
- File your claim within one year of the date of the accident or within two years of the last weekly income benefit payment.
What Responsibilities Do Employers Have in Workers’ Comp Claims?
In addition to purchasing workers’ comp insurance, employers are expected to do the following:
- Provide employees with instant medical treatment for injuries or conditions contracted at work.
- Display a notice of compliance with the workers’ compensation laws.
- Fill and also submit an injury report to Georgia’s Workers’ Compensation Board.
Seek Fair Compensation With a Buckhead Workers’ Compensation Lawyer!
Seeking compensation following an injury at work may not be easy depending on the nature and extent of your injury. Fortunately, the information provided here should help you make sound decisions. Call The Hurt Boss at 678-806-7715 for ideal representation from the onset! Our Buckhead workers’ compensation lawyers offer a free consultation, and you only pay if we secure benefits for you.