College Park, GA Work Injury Attorney
Have you suffered injuries caused by your occupation? Were you denied workers' compensation benefits? Our College Park, Ga Work Injury Attorneys, represent individuals who suffer from on-the-job injuries and occupational diseases.
If you were injured on the job, it's likely your only source of income will be workers' compensation benefits. Our lawyers will help you file the proper documents and paperwork to ensure your benefits are approved.
Workers' Compensation Laws are set in place to compensate workers' who are injured on-the-job, our attorneys are well-versed in the laws and regulations about workers' compensation, contact our personal injury attorney's today for help.
Workers Compensation Laws In College Park, Georgia
If you were injured in the workplace, you are entitled to receive workers' compensation benefits. As long as your injury is work related, you can file a claim with your state's administrative workers' compensation agency. Almost all employers are required to pay into the workers' compensation system by buying insurance through the state's workers compensation fund.
Workers' Compensation Laws excludes looking at fault or negligence when deciding eligibility for workers' compensation benefits.
It doesn't matter who produced the accident or who is at fault; eligible employees will receive compensation for their injuries as long as the accident was work related. However, employees surrender their rights to sue their employer in exchange for damages.
As long as workers' meet three standards they have a right to apply for benefits and lost income:
- The company you are working for must carry workers’ compensation insurance or be legally obligated to do so.
- You must be an employee of that person or organization (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.
Workers’ comp benefits typically provide 50 to 70 percent of pre-injury wages and are limited to medical costs and compensation for lost income.
What work-related injuries are covered?
- 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.
What work-related injuries are not covered?
- Injuries resulting from horseplay at work
- Injuries sustained while in an impaired state from drugs or alcohol
- Employees injured while traveling to and from work, (only a few states provide coverage) unless the transportation is provided by the employer.
To protect the legal rights of someone who was hurt in an on-the-job injury, various intricate legal matters must be reviewed. Many times, it seems the insurance companies are on a mission to destroy and break down any legitimate workers’ comp case.
Therefore, it becomes vital to have an experienced College Park Work Injury Attorney on your side.
Why Should You Report Your Work Injury On Time
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 a 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 work injury 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 installment of Workers' Compensation income benefits.
Most Common Reasons Employees Are Injured At Work
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
How to File A Work Accident Injury Claim
- Seek Medical Treatment- After being hurt at work, it's important to take the appropriate steps when seeking medical care. Receiving the right medical treatment is not only necessary for your health and recovery, but also for maximizing your workers' compensation benefits and making sure you are adequately compensated for your injuries. Be sure not to delay treatment or wait to be seen by a physician.The sooner you medically cared for the sooner you will heal from your injuries. Furthermore, the closer in time to your accident that you receive treatment, the less room 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 certain 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 fail 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 duty to submit the paperwork 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 details you have 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 you have 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's always wise to seek legal advice and guidance. It is crucial you make sure you file all the necessary forms and meet all the deadlines. Also, your attorney will understand how to develop 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.
Why You Should Hire a College Park Personal Injury Attorney
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 low and don't compensate workers for pain and suffering.
Workers' compensation insurance also does not cover punitive damages to penalize a company for poor 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 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 an injury.
When Is It Safe to Return to Work?
Once you have reached your level of maximum medical improvement (MMI), your treating physician will complete a Return to Work Form. The form notifies your employer and the worker's compensation representative that you are clear to come back to work, the following explains further:
- Your employer is required to understand the extent of your injuries and your current physical limitations.
- The employer is required to implement accommodations to allow the employer to return to work safe and free from pain and discomfort.
- Depending upon your health status, your doctor may order lighter work duties while your injuries continue to heal.
- Clear communication should be exercised stating when the employer can return to former work duties.
- Your employer should apply the companies return to work policy according to your treating physicians orders.
Contact Our Georgia Work Injury Law Firm
Trust our work injury lawyers with your injuries; we will file all appropriate documents and bring forth any additional claims to completely compensate you for your injuries. Let us handle all the legal issues so you can focus on a fast and full recovery.
Don't try and navigate the workers' compensation system alone, Contact a College Park, Ga Work Injury Attorney Today!