Decatur, Ga Work Injury Lawyer and Workers' Compensation Claims
Have you recently suffered from an injury or on-the-job illness in Decatur, Georgia? Our Decatur, Ga Work Injury Lawyers become personally invested in our clients who wish to obtain benefits for their injuries or can help employees who have been denied workers' compensation.
Our lawyers have successfully fought for thousands of injured victims, helping harmed employees gain the financial support needed while their conditions improve.
No matter the circumstances of your job-related accident our personal injury attorneys have the legal standing to win your workers compensation claim. We can help, click below to get a Free Case Review with one of our trusted attorneys.
If you get injured or suffer from an illness on the job its important that you understand your state's workers' compensation system.
Workers Compensation is an insurance policy (required by state law) allocated by the workers’ compensation boards of individual states. All fifty states make it mandatory for employers (of a certain size) to provide workers’ comp coverage for their employees. Additionally, there is federal workers’ compensation insurance for federal employees that is administered by the federal government.
The purpose of workers' compensation insurance is to provide injured employees compensation for lost work and medical bills, after suffering an injury or occupational illness while at work.
The types of injuries covered by workers' compensation include physical injuries, illnesses, and some psychological, or stress-related injuries.
Workers may qualify for benefits regardless who is at fault, meaning even if the worker caused his or her own injury they can still be awarded compensation. However, in exchange, workers give up their rights to initiate a civil lawsuit against an employer.
To receive benefits, you don’t have to prove that your employer or your co-workers did anything wrong to cause your injury. Even if you were negligent, and your negligence caused your injury, you are still owed workers’ compensation benefits.
- 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 important for your health and recovery, but also for maximizing your workers' compensation benefits and making sure you are properly 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 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 responsibility 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 have pertaining to 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 solid your claim becomes.
- Hire a work injury attorney- Due to the complexities of workers' compensation and state laws its 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 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.
What Requirements Must Employees Meet For Job-Related Benefits
- The person or company you were working for must carry workers’ compensation insurance or be legally required to do so.
- You must be an employee of that person or company, however you don’t have to be a full time employee just as long as you are a regular employee.
- Your injury or illness must be work-related
Covering Medical Costs and Lost Income After An Accident
Workers’ comp benefits are typically limited to medical costs and partial compensation for lost income. While every injury case differs, on average a typical employee will receive 50 to 70 percent in pre-injury wages for the duration of missed work.
Typically, compensation for pain and suffering wouldn't be included in coverage. Having said that, serious injury cases that result in permanent or partial disability would qualify in a permanent fixed sum and/or lump sum settlement.
- 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.
On-the-job injuries that are not covered
- 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.
Unless you are 100% certain 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.
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.
Insufficient medical evidence is probably the most common reason workers' comp claims are denied. Our Decatur work place injury lawyers can conduct medical evidence by gathering medical records, arraigning or recommending treatment with certain physicians, collecting medical opinions, and assemble depositions of medical experts.
Our experienced legal staff will infer, based on the strengths and weaknesses of your case, what evidence is needed to boost the chances of your recovery.
Because Decatur attorneys tend to have a much better understanding of the merit a claim holds than the workers they represent, they can better obtain a fair settlement and gain needed compensation. Likewise, lawyers at our Georgia Law Offices understand the negotiation tricks and tactics used by insurance companies, from "low ball offers" to fraudulent "final offers" that really aren't.
We understand how the following components impact the value of your case
- The extent of your injuries and your resulting functional limitations
- Your disability rating
- Your previous wages
- The cost of past, present, and future medical treatment
Have Your Wrongful Injury Lawsuit Represented By the Best Decatur Legal Team
Many employees face high medical bills and hardships due to wage loss. Others experience severe injuries and may have to come to terms with permanent disability. If you were harmed due to an injury or illness we can file all appropriate documentation in order to obtain the compensation needed during your recovery.
When your claim gets denied having the backing of a legal professional can make a difference in the outcome of your injury claim.
Our Decatur, Ga Work Injury Attorneys are experts in handling injury victims, we have the knowledge and experience to successfully win your claim.
Click below for a free case review with one of our work-injury specialists