Work Accident Injury Attorney In Sandy Springs, GA
Were you injured on-the-job? Have you been denied workers' compensation benefits? Our Sandy Springs, Ga Work Injury Attorneys proudly help individuals who were hurt from workplace injuries or occupational diseases.
Workers' Compensation Insurance provides lost income and benefits to injured employees. If you were denied benefits either by your employer or insurance company our Georgia Law Office will fight for your rights and aggressively advocate on your behalf for your suffering and injuries.
We understand many employees are forced to face unexpected medical bills and hardships due to wage loss. While others experience severe injuries and may have to come to terms with permanent disability.
Our Work Injury Lawyers are skilled and experienced in the workers' compensation laws and can make sure your best interests are put first. Contact Our Georgia Law Office today!
What is a Workplace Injury in Sandy Springs, GA?
Workers compensation law provides insurance coverage for on-the-job injuries or illness. Generally speaking, the vast majority of employers do carry workers compensation. However; the laws vary from state to state, an employer is required to offer coverage based on:
- How many employers they have
- What type of business it is
- What category of work the employee is doing
Many employers purchase workers compensation insurance even when they aren't required to do so. Before moving forward with a claim, always check with your work injury lawyer to make sure your employer is required to carry or not to carry insurance.
You must be an employee to qualify for workers compensation benefits. For instance, independent contractors and volunteers (depending on the circumstances) aren't considered employees. It is common for employers to misclassify workers as independent contractors when they are employees.
If you were denied benefits because you were classified as an independent contractor by your employer, you should contact your Stone Mountain injury claim attorneys.
If your injury or illness is work-related then most likely you will be eligible for workers compensation. For the most part, if you were doing something for the benefit of your employer and you were injured or became ill as a result, then it was work-related.
What Work-Related Injuries are Covered?
- Irritation of pre-existing conditions
- Injuries that occurred 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.
There are particular situations when cases are harder to determine. For example, if for instance you were injured on your lunch break, but you were picking up a sandwich for your boss. In circumstances like these when an injury didn't happen at work, but there is a connection to work, it isn't always easy to determine if you are covered.
What Work Related Injuries aren't included?
- 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.
Understanding Workers' Compensation Benefits
When you can't work due to a sustained injury at work, workers compensation offers benefits that include medical care, rehabilitation expenses, and disability coverage. Each state has its own take 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 needs 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 manage 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 prohibits you from going back to work, rehabilitation benefits may pay for the evaluation, retraining, tuition, and other expenses related to helping you become capable of working 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
A Sandy Springs Work Injury Lawyer Can Help File a Third-Party Claim
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 material.
- 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 file a personal injury lawsuit versus your employer.
- If you were injured by a defective product, you might be able to file a products liability suit 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 fail to 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 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.
How Soon Should I File A Work Injury Claim?
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 incident in writing, and there must be a qualified 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 period 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
- One year from the date of the last approved treatment paid for by your employer or its insurer; or
- Two years from the last installment of Workers' Compensation income benefits.
How to Safely Return to Work In Sandy Springs?
Once you have reached your level of maximum medical improvement (MMI), your treating doctor will complete a Return to Work Form. The application notifies your employer and the workers' compensation representative that you are clear to return to work. Depending upon your health status, your doctor may order lighter work duties while your injuries continue to heal. Your employer should apply the company s return to work policy according to your treating physicians orders.
An effective return to work policy includes:
- Verification that your employer understands the nature and extent of your injuries and your current physical limitations
- A plan to provide reasonable accommodations to allow you to return and ease back into work safely, free from unnecessary pain and discomfort
- Clear communication between you, your employer, and, your doctor to expedite your return to your former work duties as soon as medically advisable
Contact Our Highly Experienced Work Accident Injury Lawyers In Sandy Springs
If you suffered work-related injuries, let our Georgia Injury Law Office stand up for your rights, we have represented thousands of cases just like yours.
Our dedicated personal injury attorneys in Sandy Springs, Georgia will review your case and answer all your questions. There may be an opportunity to settle a claim with your company, and an accomplished workers compensation attorney can help secure that you get the best possible settlement. If you try to go it alone, you will end up with less than you deserve.
Our Sandy Springs, Ga Work Injury Lawyers are here to happily assist, contact us today to get your workers' compensation claim started!