Work Injury Attorney In Norcross, Georgia
If you suffered injuries at work and need assistance filling a claim, our Work Injury Attorneys in Norcross, GA are resourceful and knowledgeable at getting workers' compensation benefits for injured employees. Our lawyers are committed to each injured victim we take on and always have our clients best interests at heart.
Our Norcross Personal Injury Lawyers will take every measure needed to enforce our clients' rights to treatment and compensation, our attorney's work hard to ensure our clients' demands are met.
If you suffered serious workplace injuries or an employer violated a safety regulation, our lawyers have the experience and well-versed knowledge of work injury laws in order to get you additional compensation.
Please Click Below for a free consultation with our Norcross, Ga Work Injury Attorneys and get the help you deserve today.
What is a Work Place Injury In Norcross, GA?
A workplace injury is an injury or illness that occurs on an employee’s job.
Most states narrow the definition of a workplace injury to one that “arises out of and in the course of employment” to hinder workers from searching compensation for injuries not directly caused by the job.
Generally, a workplace injury occurs because the work environment is unsafe. Also, jobs that require repetitive or awkward movements (e.g.,. factory labor or heavy lifting) may cause injury and potentially lead to carpal tunnel injuries.
Workers compensation provides income replacement and coverage for medical bills to qualified injured employees. The procedure for filing a workers’ comp claim varies from state to state, but mostly always involves an employer, the injured worker, an insurance provider, and health professionals.
In the unfortunate event that you do become injured while working, make sure you take action immediately. If you fail to file your claim within the legal time designated you could risk losing your benefits.
How to File a Workers' Compensation Claim in Norcross, Georgia
Seek Medical Treatment- After being hurt at work, it's important to take the appropriate steps when seeking medical care. Receiving the right medical care is not only necessary for your overall health and recovery, but also for maximizing your workers' compensation benefits and making sure you are correctly compensated for your injuries. Be sure not to delay treatment or wait to be seen by a physician. The sooner you are medically cared for the sooner you will heal from your injuries.
Furthermore, the less gap in time from your accident to the time you receive treatment, the less of a chance it gives your employer (or its insurance company) to argue that your injuries are not work-related. Keep in mind, if your injury is a non-emergency situation you may be required to pursue medical help from a doctor chosen by your employer, or in individual states the laws permit the employee to chose a doctor of their preference.
Report your injury to your employer- You are required to report a work-related injury to your employer 30-60 days after the accident. If you neglect to do so, you could risk gaining benefits and may lose your rights to file a claim. Note, each state has it's own limits on the number of days you have to notify your employer, it ranges from a few days to two years.
Typically, your employer will have a claim form for you to fill out after the incident is reported. It then becomes your employer's obligation to submit the paper work to the appropriate insurance carrier. Again, depending on the state law, you-rather than the employer-may need to file a separate claim with your state's workers' compensation insurance agency. For the state of Georgia you have one year to do so.
Document the accident- If possible keep a detailed record of the accident details, time, place, and if possible even take pictures. The more evidence you collect about your injuries the harder, it will become for an employer or insurance company to deny your claim.
Talk to any witnesses- Try to obtain a statement from any co-workers that saw the accident take place. The more eyes on your side, the more reliable your claim becomes.
Hire a personal injury attorney- Due to the complexities of workers' compensation and state laws it is always wise to seek legal advice and guidance. In addition to making sure you file all the necessary forms and meet all the deadlines-your attorney will understand how to generate medical evidence that documents the severity of your condition. Having a professional legal advocate ensures your claim will reach a fair settlement while the "worth of your case" won't be underestimated by friends, family, and co-workers.
Requirements Workers Must Meet to Get Benefits:
- The person or business you were working for must provide workers’ compensation insurance or be legally required to do so.
- You must be an employee of that person or company. (you don’t have to be a full-time employee, as long as you are a regular employee)
- Your injury or illness must be work-related, employees can also be undocumented migrants, prisoners, or minors to qualify.
What Work Injuries Are Covered?
- Worsening 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 severe 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.
What Work Injuries Aren't Covered?
- Injuries resulting from horseplay at work
- Injuries happened 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 company
What is the "Statute of Limitations "when filing a claim?
Unless you are 100% confident that your supervisor or employer witnessed your accident, you must advise one of them about your accident within (30) days.
If you wait longer than (30) days, you must put your accident in writing and there must be good reason for the delay.
This notice provision is a legal time deadline or "Statue of Limitations." Nonfulfillment to take 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.
A Notification 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.
In the state of Georgia employees that are found eligible are awarded compensation for lost work and medical bills, regardless who is at fault; in exchange, employees surrender their rights to sue their place of employment for the illness or injury (with a few exceptions).
Most Common Sources of Work Injuries in Georgia
Falls to lower levels
Slips/Trips and Falls
Overexertion due to lifting/lowering
Repetitive motion injuries (most frequent injury)
Machine crushing or entanglement
Work-related vehicle accidents
Falling objects or debris
Whether you were hurt at work from an injury or illness, you can file a workers compensation claim. However; workers compensation claims can get denied for many reasons if your claim gets denied you will get a letter stating the reasons why your claim was rejected.
Talk to a Lawyer in Norcross to Help you Correctly Gain Benefits
It is wise to contact a Norcross workers' compensation lawyer to make sure your rights are protected, and your medical costs get covered. The worker's compensation laws can be complicated and tricky; our lawyers have the knowledge and experience to gather properly all documentations and evidence about your injury accident.
Failure to file a claim within the legal time deadline is the most common reason benefits get denied; other common factors are as follows:
- The claim was not reported or filed in time-the law requires that a worker reports the claim immediately, sometimes within a matter of days. And the employer must advise the state or their worker's compensation insurance carrier just as quickly.
- The employer disputes the claim- This is because the employer argues the accident ever happened at work, your disputes that your current injury/illness is a result of the accident. (or exposure or overuse)
- Your injury was due to stress-related conditions outside of work and therefore was not an injury that occurred while working. (pre-existing condition)
- The injury was not severe enough to amount to a workers compensation claim.
- Injury happened away from work
- Injury took place when employee was commuting to and from work
- The injury was treated by an unapproved medical provider
- Intoxicated while injured
- The injury was sustained because of horseplay, rough housing, or practical joke
Contact The Best Work Injury Attorney's
Our Georgia Personal Injury Law Firm tend to have a better understanding of the merit a claim holds than the workers they represent. Our experienced legal staff understands the limitations your injuries can put on your daily life, the costly medical treatments, and lost wages at work.
Once our attorneys take on your case we will immediately gather evidence, collect witness testimony, and file all appropriate legal documentation. We have been helping the injured for decades and have the knowledge and an experienced qualified staff that is proudly committed to your work injury claim. Contact a Norcross, Ga Work Injury Lawyer today for a free consultation to discuss your options and injuries.
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