Lawrenceville, Georgia Work Injury Attorney
Our legal team represents individuals who suffer from on-the-job injuries and occupational diseases. We represent clients varying in a wide range of injuries, whether it's a claim involving a catastrophic injury to those involving less-severe injuries. If you were injured in Lawrenceville due to a work-related injury please contact our attorneys today.
Workers compensation law requires employers to carry insurance that provides workers who become injured or ill on the job with medical coverage and income replacement. It also protects companies from being sued by employees for the workplace conditions that caused such an illness or injury.
A workplace injury is an injury or illness that occurs about 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 prevent employees from pursuing compensation for injuries not directly caused by the job.
Generally, a workplace injury occurs because the work environment is unsafe. In addition, jobs that require repetitive or awkward movements (eg. factory labor or heavy lifting) may cause injury and potentially lead to carpal tunnel injuries.
- 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 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 type of on-the-job injuries 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.
Workers compensation differs depending on the state you live in, however; the underlying principle remains the same-that employers should assume the costs of injuries, illnesses, and deaths that occur on the job, without relying on the issue of fault, and partially replace wage income loss.
While income replacement for most employees is usually a percentage of the worker's true income, it is counted as a transferred payment and thus is not subject to federal income tax for the employee or employer. In some states, domestics, agricultural workers, and manual laborers are not subject to coverage.
Who is responsible for the medical bills after an injury?
Depending on the state you live, your employer is required to pay for your medical bills until a decision has been made to accept or deny your claim, at least upon a certain amount. If your request is approved, your employer will continue to pay for your medical bills for approved treatment.
On the other hand, if your claim is denied you can pay your own bills and seek reimbursement from the workers comp insurance company once the denial is overturned.
Or some doctors will treat on whats known as a "lien basis," meaning that payment for your bills will come out of any recovery you get through workers comp. In the meantime, some states have a temporary disability insurance program, you may be eligible to apply for these short-term benefits to make up for some of your out-of-pocket costs.
When you can't work due to a sustained injury at work, workers compensation offers benefits that includes medical care, rehabilitation expenses, and disability coverage. Each state has its own spin on these general rules, and the details can be complicated.
- 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. If you are in need of equipment (such as a wheelchair or special vehicle) to help you deal with your injury, workers' compensation will likely cover that as well. In some instances, benefits will also include services like counseling, pain therapy, and acupuncture.
- 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 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 make it impossible for you to work. Disabilities are categorized whether they are total or partial, temporary or permanent.
Four categories of disability
- Temporary total disability
- Temporary partial disability
- Permanent total disability
- Permanent partial disability
Workers compensation is a no-fault system, constructed to provide benefits to employees’ while shielding them from lawsuits. It doesn't matter if the injury was your fault, your employer's fault, or not your fault you can receive benefits as long as you are eligible for the following requirements:
- 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 business. (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 illegal aliens, prisoners, or minors to qualify.
- The workers compensation laws can be complicated and tricky especially when you don't know the legal guidelines and jurisdiction regulations pertaining to civil court. Hiring a Lawrenceville attorney will ensure that your case will be heard whether it be in front of a judge or negotiating with insurance companies your rights will be protected.
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.
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.
Our Lawrenceville personal injury attorneys will review your case and get justice for your losses.
Even though Georgia workers compensation claims don’t typically involve lawsuits or courts, there is nonetheless a specific legal process involved in making a claim.
There may be an opportunity to settle a claim with your employer, and an experienced workers compensation attorney can help ensure you get the best possible settlement. If you try to go it alone, you may end up with less than you deserve.
If your case doesn’t settle, it will go to arbitration, where the arbitrator will settle, dismiss, or render a decision. A work place accident lawyer can represent you in the arbitration and make sure your arguments are presented in the best manner to support your claim.
If you have been injured on the job, we can contribute to making insurance companies pay you deserved compensation or prove your employer is liable for your injuries. We provide personalized client service and are committed to you and your case!
Our Lawrenceville, Ga Work Injury lawyers are available 7 days a week, 24/7 to happily assist you. Click below to start your Free Case Review!