Douglasville Workers’ Compensation Lawyer

What Do I Do After An Injury at Work?

Workplace injuries are often the result of unpredictable accidents. Fatal injuries have, thankfully, seen a recent decline, but DART injuries remain a threat to Douglasville workers. A DART injury is one in which a workplace injury results in the injured worker suffering any of the following:

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

DART injuries affect more than half of all workplace accidents in Georgia. An injury at work might not appear severe immediately, but there’s no telling how an injury at work could affect a worker down the road. For that reason, it’s important to do the following after any injury at work:

• Care: Get immediate medical attention to stabilize and treat your injury as soon as possible. Make sure to tell your doctor that the injury happened on-the-job.
• Notification: Notify your employer about the injury as soon as possible after the incident to begin documentation for the claim and possible future legal action. Notify relevant supervisors and HR staff as well.
• Documentation: Collect as much documentation about the injury, your workplace, and the care that you receive afterward. This documentation is critical for determining what avenues for compensation exist.
• File a workers’ compensation claim: The Georgia Board of Workers’ Compensation maintains relevant forms on its website. File the claim, even if employers attempt to dissuade you from filing by minimizing the injury or threatening to fire. They cannot fire you due to a workers’ compensation claim. Please give us a call to discuss your rights or any concerns you may have over bringing potential workers’ comp claim so that we can go over it with you in depth.
• Speak with a trusted attorney: Your employer and the insurance company will maintain legal counsel. Having an advocate with your best interests at heart can make the difficult workers’ compensation process easier. It can also offer the best opportunity to get all the compensation you deserve.
• Continue treatment with employer-approved doctors: Your employer should provide a panel of approved doctors for you to choose from as part of your workers’ comp benefits. Sometimes the care is denied and you may need help from an attorney to keep the care going, depending on your injuries and claim.

What are Workers’ Compensation Claim Benefits?

Workers’ Compensation benefits are designed to reimburse injured workers for the costs they incur while getting treatment following the injury. These include:

• Medical benefits: One of the costliest aspects of a workers’ compensation claim are the medical bills that follow in the wake of a workplace injury. In a successful workers’ compensation claim, the employers insurance company covers the cost of medical bills associated with the injury. These can include hospital bills, physical therapy, follow-up appointments, and even mental healthcare.
• Disability benefits: Severe injuries can sometimes result in a worker becoming unable to perform the same job as before the injury. Disability benefits exist to compensate the injured worker and their household to make up for the difference in income that results. These benefits apply in situations where the injured person is unable to work temporarily or permanently.
• Wage benefits: Wage benefits are paid to supplement the income lost as a result of a workplace injury. State law caps these benefits at a set percentage typically equal to two-thirds of the employee’s regular working pay.
• Death Benefits: In some instances, workplace accidents can result in death. In these cases, surviving family members may be entitled to additional benefits. The death benefits of a workers’ compensation claim could also include wage benefits to supplement the lost income. Often, these benefits are essential to keeping a family afloat through a difficult time.

When Do Workers’ Compensation Benefits Begin?

Workers’ compensation coverage begins as soon as employment begins and covers most workers through the duration of their employment. Georgia’s workers’ compensation law does not cover all workers in Georgia. There are notable exceptions for the following industries:

• Farmworkers
• Domestic Servants
• Railroad Employees (special coverages apply)

For workers in other industries in Georgia, workers’ compensation coverage is generally required as long as there are 3 other employees. You do not necessarily need to have a written employment contract in order for these benefits to apply. Most companies elect to purchase a workers’ compensation insurance policy, though some may self-insure. An insurance policy is intended to make it quicker for employers to process claims, though that isn’t always in the workers’ best interest.

Benefits Beyond the Workplace
Workers’ compensation benefits usually apply when employees are injured at work. However, they can also apply when workers are injured off-premises while performing their job duties. For example, if a worker is injured in a car accident while performing part of their job benefits may apply. They may also apply if a worker is injured doing remote work or while working outside of the workplace. An experienced attorney can help you understand the complexities of workers’ compensation law and your specific situation.

How Can An Attorney Help?

Insurance Companies Don’t Work For You. We Do.

The workers’ compensation process is littered with pitfalls and complications at a time when a recovering worker needs peace of mind. Having an attorney can make the complex system easier to manage.

Workers in Douglasville usually have only 30 days from the date of their injury to file a workers’ compensation claim. Missing a strict deadline can doom a workers’ compensation claim before the healing has even begun. Having an attorney to handle all legal paperwork, manage the deadlines, and submit documentation allows a family to return to normal faster.

There’s also the problem of insurance companies trying to avoid paying out what the claim is actually worth. They may dispute medical bills, income, or other benefits a worker is entitled to receive. An attorney from the team at Montlick can help to challenge these insurance companies and get our clients what they deserve. An attorney can also help determine what other avenues for compensation exist. In some cases, there may be a third-party negligence case to pursue.

Third-Party Negligence in Workers’ Compensation Cases

Douglasville workers’ compensation claims are usually handled on a no-fault basis, meaning that generally, whether the injury was the fault of the employer, a coworker, or the employee themselves, the benefits still likely apply. This can be critical in getting an injured worker the benefits they need to recover quickly. However, workers’ compensation is also considered an exclusive remedy in Georgia. This means that in most cases, workers cannot sue their employers for negligence. There are always exceptions to these rules, so speaking to one of our Douglasville workers’ comp attorneys (for free) about your specific situation is key to starting off on the right foot.

Workers’ compensation may not be the only remedy available to an injured Douglasville worker. They may be able to sue third parties for damages. Attorneys at Montlick work hard on behalf of their clients to pursue all legal avenues for compensation. Montlick considers other facts and circumstances leading up to the injury to determine if a third party was negligent. This can include issues related to

• Negligence of other companies: If a company or individual fails to act as a reasonable person would, this could be considered negligence. Negligence can include failing to maintain safe working conditions at a site where the injury occurred.. Each situation varies based on the facts and circumstances surrounding the accident. An experienced attorney can make such determinations and help you get the compensation you deserve.
• Equipment: If equipment malfunctions or was built without regard to certain safety regulations, it may be evidence of negligence on the part of the company that manufactured the equipment. If a worker was injured as a result of that negligence, Montlick attorneys will pursue legal action against those companies on behalf of their clients.

Bringing a personal injury lawsuit against a negligent third party represents a critical avenue of compensation for workers injured on the job. These personal injury cases demand the knowledge of an experienced attorney. These cases may either be settled out of court, or a jury trial may need to be pursued in order to bring the negligent party to justice.