Marietta Workers’ Compensation Lawyer

Workers’ Compensation Attorneys Marietta, Georgia

What Happens After a Workplace Injury?

Job sites can be dangerous places. Debilitating injuries at dangerous workplaces can leave individuals without income and even entire families without their primary breadwinners. The need to compensate workers and keep families afloat is why Georgia’s workers’ compensation system was created. Georgia has a no-fault workers’ compensation system that provides financial and medical benefits to a worker who sustained an injury due to an on-the-job accident. When applicable, this benefit generally applies whether the worker or the employer was at fault.

Common examples of workplace accidents include:

• Construction accidents
• Falls
• Defective machinery
• Explosions
• Scaffolding accidents

These types of injuries can result in enormous pain, long-term disabilities, and in some cases prove fatal. In any scenario, the injured worker and their household will still need a source of income to pay not only medical bills but other living costs as well. The Workers’ Compensation and disability systems exist to cover medical costs for treatment, as well as additional costs when a worker is injured to a point that they cannot work. It’s crucial that proper documents are filled out, and that the worker, and their attorney keep track of all documents and expenses associated with the injury.

Because Georgia operates a no-fault workers’ compensation system, it is generally considered an “exclusive remedy.” “Exclusive remedy” means that workers cannot file an additional lawsuit against their employer while receiving workers’ comp benefits. However, if your work injury involved an at-fault third party, you may be entitled to file a personal injury claim in addition to your workers’ compensation claim. For both a workers’ comp claim and a personal injury claim, having a skilled attorney by your side can make the difference between getting what you’re owed and walking away empty-handed.

How Do Marietta Workers Know If They’re Eligible?

Many, but not all, workers in Georgia are covered under the state workers’ compensation law. If a worker meets the following conditions, they are generally covered by Georgia’s state workers’ compensation law:

• An employee of a company
• The company employs at least three employees
• Not a farmworker, domestic servant, or railroad employee

A worker does not necessarily need a written employment contract in order for workers’ compensation laws to apply. However, it’s important to note that independent contractors are generally not included under workers’ compensation laws. That said, even independent contractors should consult a worker’s comp attorney about a possible claim, as there are some situations where even ICs are entitled to these benefits.

If a worker is covered under the workers’ compensation law, the next important consideration is when the injury took place. If an injury occurs while the worker is carrying out their duties as an employee, regardless of location, they may qualify under this law. Between the guidelines laid out by workers’ compensation law, insurance policies, and statutes of limitations to file a claim against a third party, it’s advised that injured workers speak with a knowledgeable and experienced attorney as soon as possible. This is one of the best ways to ensure the claim is handled properly and that any negligent third parties are held accountable.

I’ve Been Injured at Work, Now What?
If you’ve been injured during the course of your work in Georgia, you generally have 30 days to report your injury to your employer, supervisor, or the individual designated by your employer to handle workplace injuries (such as a Human Resources Manager). We recommend that you report in writing as soon as possible. Failure to report the injury by this deadline can result in a claim being immediately denied. As you file your report, you should begin collecting documentation about the injury, including doctor’s notes. You also want to collect documentation regarding your medical bills and living expenses, such as receipts and bills.

What Should I Expect to Receive From Workers’ Compensation?
State-mandated Workers’ Compensation benefits can be relatively low when compared to compensation that is typically seen in a successful personal injury lawsuit. These benefits are a key reason to contact an attorney as soon as possible. Montlick helps ensure that our clients do not miss out on any available benefits to which they are entitled. A workers’ compensation claim typically includes the following:

• Medical benefits. In a successful workers’ compensation claim, the employer’s workers’ compensation insurance will generally pay for qualifying medical bills. These are the bills you incur for receiving treatment for the covered injury. It can include hospital visits, prescription drugs, physical therapy, and can include necessary travel expenses. It’s important to note that typically, workers must go to employer-approved doctors.
• Disability benefits. Some injuries sustained on the job can have long-term or even permanent impacts on a worker. In these instances, workers and their immediate dependents can potentially receive disability benefits. These typically pay a portion of the wages that the worker was earning prior to the injury.
• Wage benefits. Workers, after being injured, can sometimes 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. Again, this weekly compensation is capped by state laws. In some instances, the employer may offer you ‘light duty’ or work that is paid less than what was done before the injury. The employer must secure proper documentation before requiring you to return to work at a lighter level. Additionally, lighter duty or reduced hours do not mean an immediate stoppage of benefits. There may be benefits available to make up a portion of the difference between pre and post-injury pay.

We Protect Our Clients from Insurance Companies.
Typically, an employer will purchase a workers’ compensation insurance policy from a major corporation. This insurance company, rather than your employer directly, is responsible for paying out workers’ compensation claims. The insurance company is interested in reimbursing as little as possible for your claim in order to protect its bottom line. The team at Montlick helps our clients fight back against these big insurance firms. We understand how hurtful it can be to have your pain, stress, and suffering minimized by an insurance adjuster. We fight to make sure our clients get the respect and compensation they deserve. Call us today.

How Can An Attorney Help?
Every workers’ compensation case is different, but workers face some common pitfalls when trying to get compensation. Chief among these are the numerous competing deadlines that a worker must meet in order to have the claim processed and paid. This would be difficult in normal circumstances, but navigating these moving pieces while also trying to recover from an injury complicates this further. It also helps to have a deep knowledge of applicable laws in order to make sure that all proper documentation has been kept and that forms have been filled out correctly to avoid delay or denial of benefits.

Employers and insurance companies may try to force you back to work without getting proper documentation on their end. Knowing what these requirements are can ensure that a workplace injury doesn’t turn into a more permanent disability.

There are additional considerations to keep in mind as well. While the workers’ compensation claim is a no-fault system, there may be third parties whose negligence resulted in your injury. The compensation that can result from a personal injury suit typically outpaces workers’ compensation claims. We advise talking with a Montlick injury lawyer about your claim as soon as possible to maximize your financial compensation. Our experienced attorneys at Montlick navigate the insurance company, state, federal, and local laws and meet all legal and non-legal time deadlines on your behalf so our clients can focus on healing.

Third-Party Negligence in Workers’ Compensation Cases

A key consideration in any workers’ compensation case is if there were any negligent third parties. If there are, additional compensation may be available to help ease your recovery and keep your coworkers safe in the future. Some key considerations include:

• Equipment. If your injury was the result of faulty or malfunctioning equipment, it may be the case that the producer or manufacturer of the equipment could be held liable for your injury.
• Negligence of other companies. Each case varies based on the circumstances, but another individual or company may be held liable for your injuries depending on the facts of your situation. For example, if a delivery driver is injured in a slip and fall accident while delivering a package to an office building, the negligent office building owner could be found responsible for creating unsafe conditions.

Compensation for Workers’ Comp Claims in Marietta

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 could be entitled to weekly checks for lost income after a “waiting period” of one week through the workers’ comp system.

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 is An Exclusive Remedy in Georgia
Georgia’s no-fault workers’ compensation system can be a double-edged sword. Workers can sometimes receive compensation even if the injury was technically their fault. However, if the injury was the employer’s fault, the worker cannot sue their employer for their negligence while receiving workers’ comp benefits. This limitation is why Georgia’s workers’ compensation system is considered an exclusive remedy. As a result, Georgia workers’ compensation offers some of the lowest payouts in the nation. An experienced workers’ comp attorney knows how to maximize your benefits to best suit your specific situation. Plus, you could have more options.

Every case is unique, but there may be additional parties responsible for contributing to your injury. If the injury was due to a third party other than your employer, a personal injury suit could be an option. This could include instances of faulty machinery, dangerous products, or unsafe environments. A Montlick attorney can walk you through your potential options during your free consultation.

Don’t Settle for Less

It can be extremely difficult to know where to turn when you’re recovering from a work-related injury. Speaking with an experienced Marietta workers’ compensation lawyer will help you identify all potential avenues for compensation. Call Montlick nationwide 24/7 at 1-800-LAW-NEED (1-800-529-6333) or dial #WIN (#946) from your mobile phone to arrange a free consultation.