Have you sustained an accident at work in Smyrna, Georgia and suffered injuries? Hiring an experienced Smyrna Work Injury Attorney can put a professional on your side that is experienced with worker's compensation regulations and statues pertaining to your benefits.
By law, nearly every injury that occurs in the work place is covered by workers compensation. In fact, all fifty states make it mandatory for companies with three or more employees to provide workers comp coverage to their employees.
Unfortunately, employers and insurance companies deny employee rights in attempt to lower insurance rates.
We can make employers pay, contact our workers' compensation specialists today for the experience and knowledge to represent your work injury claim
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. In exchange for benefits the employer gives up their rights to sue the employer for the workplace conditions that caused the injuries.
Workers compensation in Smyrna, Georgia 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 employers 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 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 illegal aliens, prisoners, or minors to qualify.
Workers’ comp benefits are typically limited to medical costs and partial compensation for lost income (generally 50 to 70 percent of pre-injury wages.) On average, benefits don’t include compensation for pain and suffering. Serious injury cases could call for permanent or partial disability, rewarding in a permanent fixed sum and/or lump sum settlement.
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 Smyrna work place injury lawyer 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.
What type of on-the-job 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 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.
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 employers for the illness or injury (with a few exceptions).
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. Although the general rules vary by state the details can become complicated, an attorneys knowledge to workers compensation regulations can ensure your understand your right when applying for benefits.
- Medical Care- 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.
- 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.
- 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.
- Temporary total disability
- Temporary partial disability
- Permanent total disability
- Permanent partial disability
Some on the job injuries may not be considered under workers compensation law or workers compensation law may not be enough for a certain on-the-job injury, particularly in the case of very serious or catastrophic personal injuries. In these situations our Smyrna Lawyers will identify a negligent third party such as a manufacturer of a dangerous or defective product or the maker of an improper safety device.
The "Statue of Limitations" dictates how soon you must file a claim for workers' compensation benefits after a workplace injury has occurred. The general rule in Georgia is that a claim for benefits must be filed within one year of the accident date or the right to compensation is barred.
States also have much shorter deadlines for notifying one's employer with regard to a work place injury (typically ranging from 30 to 60 days, but sometimes less.) So while you may have one year to file your claim, for instance, you may only have 30 days in which to inform your employer.
Non-fulfillment to take legal actions with a legal or contractual time deadline may result in losing various rights and benefits.
Things get more complicated when you have an injury or illness that developed over time, such as mesothelioma, or carpel tunnel syndrome.
In these situations, the clock starts clicking toward your deadline when:
- you took time off because of your injury or see a doctor for the injury
- you knew, or should have known, that the injury was caused by your 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 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:
- Confirmation that your employer understands the nature and extent of your injuries, and your present 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
The attorneys at our Georgia Law Firm have represented thousands of cases just like yours. You are entitled to benefits and your employee rights after a work-related accident. We will fully analyze the circumstances of your injury accident claim to determine whether we can file a third-party claim against someone other than the employer.
Our Smyrna work injury lawyers have the knowledge, experience and an experienced qualified staff that is committed to you and your case. If you were denied benefits we can help appeal your claim and gain the maximum compensation possible.
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