Jonesboro, GA Workers’ Compensation Lawyer

Workers’ Comp Attorneys Jonesboro, GA Trusts

Workers’ Compensation Settlement Guide for Jonesboro, Georgia

While many Georgia workers are technically covered by state-mandated workers’ compensation insurance, insurance companies don’t make it easy for injured laborers to receive the benefits owed to them. Montlick Injury Attorneys will fight to get you compensation that meaningfully helps out during the painful, uncertain season of life that follows a workplace injury.

Many employers in Georgia are mandated to carry workers’ compensation insurance. The benefits are handled by insurers, and it works like most insurance policies. This system has benefits such as generally immediately covering employees when they begin employment, and restricting employer retaliation if you file a workman’s comp claim.

However, there are drawbacks that come along with the system. Compensation during recovery from the injury is generally equal to two-thirds of an employee’s regular working pay, plus medical care and disability payments, but this weekly compensation is capped by state law. In Georgia, weekly workers comp benefits are set at a maximum of $800 in Georgia if the injury occurred after July 1, 2023. If the injury occurred before that date, a workers compensation lawyer can discuss your options.

The insurance company handling your claim will likely also seek to protect their profits. They’re a business, not a government-run social program, so they may try to deny your claim on a number of grounds.

If you have been injured while performing work duties, you might find the workers compensation system hasn’t been designed to deliver you the full compensation you NEED after an on-the-job injury. An experienced workers’ compensation lawyer can help you get through frustrating hurdles and confrontations while you focus on your health.

Do I Need A Lawyer if Workers’ Compensation Insurance Already Covers Me When I’m Injured At Work?

Even if your employer is supportive and understanding after your work injury, the business of negotiating with their insurance company can leave you feeling disempowered and disregarded. Here are common scenarios in which the professional guidance of a workers’ compensation attorney is your best bet to getting the money you need to recover:

The insurer is questioning your claim
Your employer’s insurance company might try to minimize your injury in several ways, such as suggesting you injured yourself outside of work and are trying to reap undue benefits, or that you were acting recklessly in the workplace. They might even claim your injury isn’t that severe, which is a particularly problematic tactic because they generally control which healthcare providers you can see to get your injury evaluated.

Another party is partially or fully responsible for your injury
This is one of the most important aspects of a workplace injury. While Georgia workers compensation benefits laws are an “exclusive remedy” (meaning you generally cannot sue your employer for an on-the-job injury), a Montlick personal injury lawyer knows where to look to get you the maximum settlement. In some cases, you might have an additional personal injury claim against another party (for example, a manufacturer of a faulty machine part that contributed to your injury). Personal injury claims generally have significantly higher settlement amounts and can be sought at the same time as workers’ comp benefits. Montlick has dozens of attorneys that deal exclusively with personal injury cases as well as devoted workers comp attorneys, so contacting Montlick can add enormous value to your case.

Your employer was required to carry workers compensation insurance, but failed to do so 
If you are unable to file an insurance claim after a workplace injury because your employer either doesn’t have workers’ compensation insurance or is being evasive about how to apply for your benefits, your employer might be violating the law. However, it’s important to consider that not all employers have to carry workers’ compensation insurance. Contact a Montlick attorney ASAP to determine if your employer is violating your rights.

You feel you are being low-balled
In Georgia, workers’ compensation is considered an “exclusive remedy,” meaning that if you accept an offer from insurance, you can’t sue your employer for a personal injury claim like you might be able to sue another party for the same negligence in a non-work environment. Since Georgia has some of the lowest disability payout rates in the country, you might still find it difficult to make ends meet as you recover from – or adapt to – your work injury.

While this can be a frustrating policy, every case is unique and there may be other parties that can be held financially responsible for your work injury. If equipment failure contributed to your accident, for example, you might be able to pursue a claim against the equipment’s manufacturer. Lawsuit awards do not have the tight restrictions that workers’ compensation insurance payouts do.

Even if you cannot or do not want to pursue a lawsuit, a Jonesboro workers’ compensation attorney is an important asset as you navigate communications with your employers’ insurance.

You’re technically a contractor but fit the description of a full time worker
The state of Georgia does not mandate employers to extend workers’ comp coverage to 1099 workers/independent contractors. Some employers may categorize a worker whose duties meet “employee” status as an independent contractor in order to bypass workers’ compensation obligations and save money. While some employers may not intentionally do categorize contractors for this reason, a Jonesboro, GA workers comp attorney might be able to argue that the worker should be entitled to workers comp benefits regardless of their status as an contractor.

A Montlick attorney can evaluate your current employment agreement and work obligations to determine if you are an employee of the company before the law. We assess the following:

• Whether the corporation can fire you if you do not adhere to them
• If you’re forbidden from working for other employers simultaneously
• If the employer dictates your work hours and work location
• If you are paid per hour or week rather than per project
• If you didn’t sign an independent contractor agreement

Can a Workers’ Compensation Lawyer Negotiate With My Employer’s Insurance?

Yes, Montlick Injury Attorneys will fight to get you fair compensation by negotiating with your employer’s insurance. Insurance companies will generally do everything they can to minimize, delay, or deny your claim. A Montlick lawyer will fight hard on your behalf in this vulnerable moment.

Montlick Injury Attorneys will analyze your case and give our experienced legal opinion on what compensation you’re owed after an accident at work. We won’t let the insurance company get away with undervaluing your pain and suffering. Armed with facts and reasonable conclusions, we will negotiate with your employer’s insurance on your behalf.

Our Experience Pays!^®
Studies and surveys consistently find that workplace injury victims with legal representation tend to receive more in awards or benefits than victims who go it alone. A recent workers’ compensation survey from Martindale-Nolo Research found that employees who had legal representation received one-third more in benefits on average than workers who weren’t represented by an attorney.

The National Council on Compensation Insurance’s (NCCI) data showed that the average workers’ compensation award for 2019-2020 was $41,000.

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

While nothing stops you from handling your workplace accident compensation claim yourself, we strongly advise you against it. Tangling with insurance companies who are looking to save every penny at your expense requires experience with the legal systems that govern workers’ compensation law in Jonesboro, Georgia.

A workers’ compensation lawyer will handle complicated requirements so your claim doesn’t get swept away at the mercy of bureaucratic red tape. Insurance adjusters will be looking to poke holes in your claims. Montlick Injury Attorneys will work to preserve evidence and your case remains as strong as possible.

A consultation with a Montlick Injury Attorney is free, and you have everything to gain from a no-obligation legal consultation. You deserve a strong legal advocate while your livelihood and quality of life are on the line.

Should I Wait Until My Workers’ Compensation Claim is Settled Before Talking to a Personal Injury Lawyer?
If you have suffered injuries at your workplace in Jonesboro, Georgia, you do not need to decide between seeking workplace compensation and seeking professional guidance from a personal injury attorney. Montlick Injury Attorneys are well-equipped to lead you through the process of getting your workers comp benefits and also settling any additional third party claims, helping you stay ahead of the pitfalls of the insurance industry.

What kinds of benefits can I receive from workers’ compensation?

There are three broad categories of benefits injured workers generally can be compensated for:

• Medical benefits: Qualifying medical treatments for an injury that happened while you were working can be covered by your employer’s insurance. Hospital stays, appointment co-pays, prescriptions, physical therapy and travel expenses could all be eligible for compensation. The caveat to this is that you are usually restricted to healthcare providers approved by the insurance company.
• Wage benefits: Workers in Georgia are generally entitled to two-thirds of their regular income rate while recovering from a work-related injury. Unfortunately, Georgia’s current weekly cap of $800 on workers’ compensation benefits for injuries occurring after July 1, 2023 gives the state one of the lowest temporary total disability rates in the nation.
• Disability benefits: In the tragic case that an employee suffers permanent injuries that prevent them from returning to work, or returning to work in full capacity, that employee could be entitled to disability benefits.

If a workplace accident partially or totally disables you
If a doctor has ordered you not to work, or to take on light duty work when there isn’t any light duty available at your Jonesboro workplace, you may be entitled to weekly checks for lost income after a one-week waiting period.

If you can eventually return to work but have reduced hours because your injury limits your capabilities, you could receive partial disability benefits, currently capped at $450 by the state of Georgia.

If you have already accepted a workers’ compensation settlement but also have an additional personal injury claim
Don’t be discouraged by Georgia’s exclusive remedy policy; it only applies to your right to sue your employer once you have accepted workers’ comp benefits. Montlick Injury Attorneys can also look into your case to see if there are any additional third parties that may have contributed to your injury, such as a manufacturer error that caused a machine to malfunction and contribute to your accident. These personal injury claims generally result in significantly higher compensation values.

Factors That Affect Your Workers’ Compensation Settlement

The cause of your workplace injury, the nature and permanence of the injury, and the body part you injured all affect your workers’ compensation payout amount..

Cause of The Injury
According to the NCCI data from 2019-2020, some injuries stood out as having the highest average workers’ compensation payouts:

• motor vehicle accidents ($85,311)
• burns ($54,173)
• falls or slips ($48,575)
• Being caught or crushed by equipment ($44,588)

Part of The Body That Was Injured
The NCCI data also shows that injuries to the head or central nervous system have the highest average workers’ compensation payouts when compared to other types of injuries. Head or central nervous system injuries’ average compensation was $93,942 per claim in 2019 and 2020.

Other above-average settlement amounts are typically awarded for injuries of:

• multiple body parts ($62,859)
• the legs ($59,748)
• the neck ($59,391)
• the arms or shoulders ($49,116)

Type and Permanence of Injury
The nature of the injury greatly influences typical workers’ compensation payouts. If it leads to long-term disability, the award amount will likely be larger. Injuries that resulted in amputation were the most expensive to insurance companies according to NCCI data, with an average of $118,837 per claim in 2019 and 2020.

Other injuries that result in large settlements include:

• fracture, crush, or dislocation ($60,934)
• trauma to the body ($60,288)

Workplace Injuries in Georgia
The most recent stats from the Georgia State Board of Workers’ Compensation show that there are an average of 2.5 injuries per 100 workers each year in Georgia. This is just below the national rate of
2.8 injuries per 100 workers.

What Should I Do If I’ve Been Injured At Work?

Report Right Away
If you’ve been injured at work, report the incident in writing as soon as possible to your employer, supervisor, or safety reporter. This helps ensure you won’t miss deadlines to file the report, and you will also be establishing a paper trail and timeline, so it will be harder for the insurance company to argue that your injuries did not happen in your course of work.

Seek Medical Attention and Follow Doctors’ Orders
Get to a doctor to be evaluated as soon as possible. Taking photos of any visible injuries and documenting your pain and progress in a medical journal even if you have not been able to see a doctor yet could be important evidence should your employer’s insurance company try to dispute the extent of your injuries.

In writing, also record how the injury is affecting your work and how many billable hours you have missed due to the limitations of your recovery.

Real Help Begins Here^®

Don’t accept an offer just because it seemed easier at the moment. You need a workers’ compensation lawyer that will treat you with compassion and fight on your behalf. Call Montlick nationwide 24/7 at 1-800-LAW-NEED (1-800-529-6333) or dial #WIN (#946) from your mobile phone to get a free consultation.