Best Work Injury Lawyers In Duluth, GA
If you are hurt on the job, regardless of fault, you are entitled to workers' compensation benefits. If you suffer an injury or illness at work, our Duluth, Ga Work Injury Attorneys can help you file a work injury claim.
Unfortunately, applying for a job accident injury benefits is a complicated and lengthy process. To receive compensation hiring an experienced attorney in Duluth, Georgia will save you time and money.
It's important to understand that an injured employee may be able to bring forth some claims at the same time. In addition to the workers' compensation claim, it's possible to file a third party claim against the person who caused his or her injuries (e.x., driver of a car or an operator of equipment.)
Contact our Duluth, Georgia Accident Injury Lawyers, we proudly represent injured workers and protect their rights.
What is a Work Place Injury Claim In Georgia?
Workers’ Compensation Laws:
- The person or organization you were working for must carry workers’ compensation insurance or be legally required to do so.
- You must be a regular employee (not necessarily a full-time employee) of that person or business.
- Your injury or illness must be work-related, employees can also be undocumented migrants, prisoners, or minors to qualify.
After sustaining an injury or illness at work, workers compensation laws require most employees to obtain workers' compensation insurance. In trade, in most cases, employees can't sue their employers over work-related injuries. With workers' compensation, the employee doesn't have to prove that the employer's negligence caused the injury. In truth, the employer can be awarded benefits even if the worker's negligence caused the accident. However, there are some circumstances when an employee's injuries aren't covered. One example, if an operator is intoxicated or using illegal drugs at the time of the incident, the employee's injuries won't be included. For that reason, some companies have a policy or requiring workers involved in an on the job accident to submit to drug tests.
The procedure for filing a workers’ comp claim varies from state to state, but mostly always involves an employer, the injured employee, an insurance provider, and medical professionals.
Injuries that are covered by workers' compensation insurance
- Aggravation of pre-existing conditions
- Injuries sustained on company property or at a company-sponsored function
- Injuries caused by company owned assets, like mechanical equipment
- More serious injury cases include: diseases caused by exposures to hazards, such as benzene, asbestos or silica dust; rashes brought on by exposure to cleaning chemicals or gasoline
Injuries that aren't covered by workers' compensation insurance
- Injuries resulting from horseplay at work
- Injuries sustained while drunk or in an impaired state
- Employees injured while traveling to and from work, (only a few states provide coverage) unless the transportation is provided by the employer
Explanation of Workers' Compensation Insurance
In the state of Georgia, eligible employees are awarded benefits for lost income and medical costs; this usually covers temporary payments up to 50 to 70 percent of pre-injury wages. Also, you may also be eligible for benefits that include medical care, rehabilitation expenses, and disability coverage to compensate you for your lost wages.
Each state has its spin on these general rules, and the details can be complicated. For any questions about your workers comp coverage contact a Duluth Personal Injury Attorney to assist. The further is an explanation of each benefit type:
- Medical Care. Medical benefits available through workers' compensation include hospital and medical expenses that are necessary to identify and treat your injury illness. In general doctor visits, medication, and surgeries are covered as well.
- Rehabilitation. Rehabilitation benefits pay for medical and therapeutic care (such as physical therapy) needed to help you cope with and recover from your injury or illness. They also cover the care and training essential for you to regain the skills and abilities you need to return to work. If your illness or injury prevents you from returning to work rehabilitation benefits may pay for the evaluation, retraining, tuition, and other expenses associated with helping you become qualified to work at a different job.
- Disability. The principle role of disability benefits is to compensate you for wages lost while your injury or illness makes it impossible for you to work. Disabilities are categorized into four groups, whether they are total or partial, temporary or permanent: Temporary total disability, temporary partial disability, permanent total disability, permanent partial disability
What If Workers' Compensation Doesn't Cover All Costs After An Injury?
Depending on your injuries and the details of your work accident, workers' compensation insurance may not be enough compensation for your particular injuries. In some cases, employees may be able to sue for additional damages, some examples are:
- If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance.
- If your company doesn't carry workers compensation insurance, you may be able to bring a suit to civil court or collect money from a state fund.
- If a third party caused your injuries, you might be able to file a personal injury lawsuit against that person.
- If you were harmed because of your employer's deliberate or errant conduct, you might be able to bring a personal injury lawsuit against your employer.
- If you were injured by a defective product, you might be able to file a products liability action against the manufacturer of the product.
Although workers' compensation benefits provide families with lost income and recovery for medical costs, these temporary payments are usually quite small and don't compensate workers for pain and suffering.
Workers' compensation insurance also does not cover punitive damages to penalize a company for inadequate safety controls or dangerous conditions. Our Georgia Personal Injury Law Firm understands injured workers rights and when to bring forth a case outside the workers' compensation system.
Furthermore, if your injuries are disabling and prevent you from working you may be able to obtain Social Security Disability (SSDI or SSI.) A Duluth, Ga personal injury lawyer is experienced and knowledgeable in the laws and filling process to get the maximum compensation and benefits employees are entitled to after unchanging injuries.
Most Common Reasons Employees Are Injured At Work
Falls to lower levels
Overexertion due to lifting/lowering
Repetitive motion injuries (most frequent injury)
Machine crushing or entanglement
Work-related vehicle accidents
Falling objects or debris
How Soon Can I File a Workers' Compensation Claim?
After an on the job injury, an employee has 30-60 days (depending on the state) to file a work injury claim. If you wait longer than the designated length of time, you must put your accident in writing, and there must be a good reason for the delay.
Additionally, the state administrative worker's compensation agency must be notified within one year of the date of the accident. This notice provision is a legal time deadline or "Statue of Limitations." Nonfulfillment of legal actions with a legal or contractual time deadline may result in losing various rights and benefits. You must abide by the notice provisions unless your employer was aware of your accident.
In the state of Georgia, notice of Claim, must be filed with the Workers' Compensation Board either:
- One year from the date of injury; or
- One year from the date of the last authorized treatment paid for by your employer or its insurer;
- Two years from the last payment of Workers' Compensation income benefits.
Talk to a Duluth, Work Injury Attorney to See How You Can Receive Full Benefits
If you were harmed at work, seek counsel from an experienced Work Injury Attorney in Duluth, GA. Our professional lawyers have represented thousands of cases just like yours. We will thoroughly analyze the circumstances of your work injury case to determine whether we can file a third-party claim against someone other than the employer.
Our Georgia Law Firm has the knowledge, experience and an experienced, qualified staff that is committed to you and your case. We are here to gain you the maximum compensation possible, contact a Duluth, Georgia Work Injury Attorney.
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