Conyers Workers’ Compensation Lawyer

Workers’ Compensation Attorneys in Conyers

What Do I Do After An Injury at Work?

Nobody wants or expects an injury at work, but it can happen. While fatal injuries have, thankfully, seen a recent decline, DART injuries are a real threat. DART injuries are workplace accidents that result in any of the following happening to a worker:

• Days Away from work,
• Restricted from going to work,
• Transferred to a different job duty.

Recently, more than half of all workplace accidents in Georgia resulted in DART injuries. Even when an injury doesn’t immediately feel serious, it’s important to know your rights and start a workers’ compensation claim.

• Notify your employer, supervisor, and/or HR about the injury: It’s important to notify your employer about the injury straightaway to begin documentation for the claim and possible future legal action.
• File a workers’ compensation claim: Relevant forms are located on the Georgia Board of Workers’ Compensation website. File the claim even if an employer insists your injury wasn’t severe or that your job status could be terminated due to the claim. Please consult with our office regarding your rights or any concerns you may have over bringing a potential worker’s compensation claim so that we can go over your concerns in-depth.
• Explore legal options with a trusted attorney: There are numerous forms and strict deadlines that can get in the way of recovery. There are also insurance companies that may attempt to minimize the injury and the care you receive to treat it. Having an advocate makes it harder for insurance companies to deny or minimize your claim.
• Continue treatment with employer-approved doctors: Your employer should provide approved doctors for you to choose from. It’s imperative that you seek care from these approved providers to continue receiving benefits. However, sometimes the care is denied and you may need help from an attorney to keep the care going, depending on your injuries and claim.

Georgia operates a no-fault workers’ compensation system, meaning that an injured worker can file a claim regardless of the blame for the injury. While DART cases are considered some of the most severe, any workplace injury can result in serious costs and disruptions for a worker and their household. Missing days from work can cost a family hundreds or even thousands of dollars, not to mention the additional costs of doctor’s visits, hospital bills, physical therapy, or even surgery bills. A workers’ compensation claim is meant to cover the costs of missed work, the additional burden of medical bills, disability benefits, and even death benefits to surviving family members.

Does My Injury Qualify For Workers’ Compensation Benefits?

It’s understandable to assume that if the injury took place somewhere other than your work site, then that injury doesn’t qualify for workers’ compensation benefits. However, if an injury takes place during the course of your job, whether or not it was at your primary work location, an injury may still qualify for workers’ compensation benefits.

Another important consideration is whether or not your employment is covered under Georgia’s workers’ compensation law. Generally, most workers fall under this coverage, but there are notable exceptions for the following industries:

• Farmworkers
• Domestic Servants
• Railroad Employees (covered elsewhere)

If you work in almost any other industry, are employed by a company, and that company has more than three employees (including yourself), then your employer must carry workers’ compensation insurance. This coverage applies even when there isn’t a written employment contract in place.

What Benefits Are Included in a Workers’ Compensation Claim

Benefits for a workers’ compensation claim typically include the following:

• Medical benefits: Recovering from a workplace injury likely requires doctor’s appointments and follow-ups at a minimum. In more serious cases, there will be hospital bills and physical therapy costs incurred. A successful workers’ compensation claim will cover these costs as part of the claim total. There are some pitfalls to be aware of, though. The insurance company used by your employer may dispute the costs or seek to avoid covering the full costs.
• Disability benefits: A DART injury like the ones mentioned above may be so severe that a worker is unable to perform the same job for an extended time or even permanently. When this occurs, the worker and their household can file a workers’ compensation claim to provide income for the injured worker who is no longer able to work in the same manner as before 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. 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.
• Death Benefits: Sadly, there are some accidents that result in death. In these instances, the surviving family can file a claim to cover the costs of a funeral for the deceased. There is additional compensation to cover the lost wages for a distinct period of time following the passing of a family member.

How Can An Attorney Help?

We Protect Our Clients from Uncaring Insurance Companies.
Following a workplace injury, it’s important to surround yourself with allies. Filing a workers’ compensation claim can be a stressful process, and without aid, it can lead to you and your household shouldering most of the costs. An all too common aspect of workers’ compensation claims is an insurance company looking out for its bottom line, not a worker’s health. Insurance companies may try to claim that an injury wasn’t as severe, and therefore make less compensation available. Without an advocate with deep knowledge of this system, an injured worker may accept this decision and shoulder the burden themselves. Montlick knows how to navigate the workers’ compensation claims process and how to achieve what our clients deserve. Having an insurance adjuster doubt or discredit your pain can reopen barely healed wounds. Don’t settle for less, call Montlick today.

You Can Focus on Recovery, We’ll Handle the Rest
Workers in Conyers generally only have just 30 days from their injury to file a workers’ compensation claim. This strict deadline and the complicated paperwork that accompanies it can take a difficult situation and make it completely overwhelming. Missing a strict deadline can doom a workers’ compensation claim before the healing has even begun. Having an attorney to assist with these forms, manage the deadlines, and submit documentation allows a family to get back to normal faster, without the stress.

Having legal representation during your workers’ compensation claim process can also help in getting the maximum compensation for you and your household. Recall that Georgia operates a no-fault workers’ compensation system, meaning that claims can be filed regardless of who was at fault for the injury. While this alleviates the burden of a worker having to prove that they were not the cause of their injury, there are some other roadblocks. Georgia’s no-fault system is an exclusive remedy as well. This means that workers cannot sue their employer for additional damages. An unfortunate result is that workers’ compensation claims in Georgia payout at some of the lowest rates in the country, leaving many workers covering the cost of recovery alone.

It doesn’t need to be this way, though; there are other avenues to get the compensation you and your family deserve. Call Montlick today, and we’ll work right beside you to figure out the best route to a full recovery. 

Third-Party Negligence in Workers’ Compensation Cases

While Conyers workers aren’t able to sue their employer for negligence that results in an injury while receiving comp benefits,, they may be able to sue third parties for damages. This is another area where having the experienced, caring, and steadfast support of the Montlick team can make a difference. Montlick considers other facts and circumstances that lead up to the injury to determine if there was negligence of a third party. This can include issues related to

• Equipment: A lawsuit or claim could be brought against a company, other than your employer, that produced faulty equipment which led to an injury. In this instance, a trusted attorney could help assess the relevant facts and determine if a suit can be brought.
• Negligence of other companies: While each case varies based on the particular circumstances, an attorney may pursue a lawsuit against a negligent company or individual. If a company or individual fails to act as a reasonable person would, this could be considered negligence. That might include failing to maintain proper conditions at a site where the injury occurred. An experienced attorney can make such determinations and help you get the compensation you deserve.