ATLANTA WORKERS’ COMPENSATION LAWYERS

Atlanta Workers Compensation Lawyer

Workers’ Compensation Eligibility In Atlanta

Generally speaking, in Georgia workers’ compensation will apply to any employer with 3 or more employees under the following circumstances:

• You must be an employee (full or part-time)
• You do not have to be employed by only one employer
• You do not have to have a written employment contract

It’s always best to consult with an experienced attorney as soon as possible after an injury to make sure you understand your rights and the steps that are necessary to protect them. Additionally, there are certain legal time deadlines and insurance notification requirements that you must comply with in order to maintain your rights.

We Protect Our Clients from Powerful Insurance Companies

A primary goal of insurance companies is to minimize, delay, and even deny your claim. They routinely take advantage of the emotional and financial stresses following an on-the-job injury in an effort to get individuals to settle for less. We deal directly with the insurance companies so you don’t have to, and we know all their tricks and traps.

Insurance companies know that legal representation is bad for their bottom line. Having experienced legal counsel by your side is likely to increase your chances of success, and the dollar amount that you receive.

Are Benefits Automatic?

Not necessarily. Sometimes there’s a fight. The extent of your injuries could be in dispute, or even whether those injuries were caused by the work-related incident. That’s where we come in.

I was injured at work. What do I do now?

Make sure that you report your injury as soon as you as possible to your employer, supervisor, or the individual who is designated by your employer to handle workplace injury reports. There may be a deadline to file a report, depending on the state in which the accident occurred, which is why you should act fast. Failure to comply with any legal deadline will permanently bar your rights to compensation.

What types of benefits will I receive from workers’ compensation?

While it depends upon state law, there are typically three types of benefits that may be possible for an injured worker to receive. These are as follows:

• Medical benefits. Your employer’s workers’ compensation insurance carrier will pay for your qualifying medical treatment if said treatment is for an injury that occurred on the job. This includes hospital bills, doctor bills, prescription, physical therapy, and travel expense, if necessary. Normally, subject to applicable state law, workers’ compensation claimants must treat through approved doctors.
• Disability benefits. If a worker sustains permanent injuries or is unable to recover fully from being injured, they can normally obtain disability benefits. Of course, this depends upon one’s ability to return to work as quantified by a medical doctor as well as the extent of the injury.
• Wage benefits. Workers, after being injured, can receive a percentage of their lost income. Generally, these benefits are subject to a cap based on state law.

Can I File a Workers’ Compensation Claim Without a Lawyer?

Handling a case yourself without proper legal training can be like navigating through a minefield. There are many traps and potential pitfalls if you don’t have legal training and expertise in this area of the law, all of which must be successfully handled in order to maximize the value of your claim. This includes complying with certain notification requirements to avoid losing your right to bring a claim altogether. The applicable laws can also change based on the size of your employer, the jurisdiction of the incident, and more. Insurance companies employ adjusters who are trained to delay, minimize, or even deny your claim. There could also be additional avenues of compensation in addition to your employer, depending on your case’s unique circumstances.

We advise talking with a lawyer about your claim as soon as possible to maximize your financial compensation. If we handle your case, your experienced Montlick attorney will navigate the insurance company, state, federal and local laws, and meet all legal and non-legal time deadlines on your behalf, so you can focus on healing.

Compensation for Worker Comp Claims in Atlanta

Most companies in Georgia are required to carry workers’ compensation insurance. Under this insurance system, employees who are out of work for at least seven days due to a work-related injury are generally entitled to benefits, but the amount will vary based on a few factors.

Compensation is usually equal to two-thirds the amount of an employee’s regular working pay, plus medical care and disability payments. However, this weekly compensation is capped by state laws.

What if a work-related injury has partially or totally disabled me?

If you have been injured to the extent that a doctor has ordered you not to work, or to be put on light duty and there is no light duty work available, you are entitled to weekly checks for lost income after a “waiting period” of one week through the workers’ comp system. If you are out of work for 21 days, you will be entitled to be paid for the waiting period as well, and the checks are due 21 days after your injury.

If you can return to work, but are earning less than you were earning before because your injury has limited your work hours or capabilities, you may be entitled to partial disability benefits. This weekly compensation is also capped by relevant state law.

Workers compensation in Georgia is an exclusive remedy

Unfortunately, due to its weekly workers compensation cap, the state of Georgia has one the lowest weekly temporary total disability rates in the country. It is also an “exclusive remedy,” meaning if you cannot sue your employer for a personal injury claim like you might sue another party in a similar, non-work accident. With such low payouts, an injured worker might find themselves struggling to make ends meet. But you could have more options.

Every case is unique and your employer may not be the only party that can be held legally and financially responsible for your injury. If the injury was due to a third party that was not their employer, for example faulty equipment or manufacturing error, an injured worker could file a separate personal injury claim against the equipment’s manufacturer.