Workers Compensation Claim: How to File One

People get hurt on the job all the time and need to file a compensation claim for coverage. If you’re lucky, this will never happen to you or your spouse. It really depends on the kind of work you do. Some of the more dangerous jobs include:

  • Fishing and agricultural workers
  • Loggers
  • Roof contractors
  • Steel and ironworkers
  • Construction workers
  • Aircraft engineers and pilots
  • Oil and gas workers
  • Landscapers and groundskeepers
  • Trash collectors
  • Drivers

If you do any of these jobs, you have a greater chance of getting hurt on the job. If that happens, you should meet with an experienced Atlanta workers’ compensation lawyer right away. They’ll make sure your workers’ comp claim is filed on time and handled properly from the start.

Who Should I Report My Injury To?

In order to file a workers’ compensation claim in Atlanta, you need to first report the accident to your employer. You can do this by alerting your manager or, if they aren’t available, your Human Resources Director. They’ll likely have you fill out a form if you’re able to. If your injuries are too serious to do that, you’ll be taken to the emergency room and asked to fill out the claim form once you’re able to.

You must report your injury within 30 days or you risk losing your right to file for workers’ comp. You don’t want to wait too long to file your claim. Legally, you have a full year before you have to file your workers’ comp claim in George. However, the longer you wait, the greater the chance it will be denied.

If you wait weeks or months to file your claim, the insurance company will claim something other than your workplace accident that caused your injuries. They’ll inspect your Facebook and other social media accounts to see if you posted about getting hurt some other way. They may even interview your friends, family, and coworkers to see what they have to say.

To avoid all this, just make sure to report your accident immediately and submit your workers’ comp claim right away. If you want to make sure your claim is handled properly from the start, you should retain a seasoned Atlanta injury lawyer right away. All you have to do is call our office and set up a date and time to come in for a consultation.

How Long Do I Have to File My Workers Comp Claim in Atlanta?

As stated above, you legal and technically have one full year to file your claim. The problem is, the longer you wait, the staler your evidence becomes. Your attorney will have to prove your injuries were caused by your job or by the condition of your workplace. This can be hard to do after months have gone by.

An Atlanta Workers’ Compensation Lawyer Can Help

When you first file your claim, you have no idea if it’ll be approved. Most people assume the best but then weeks go by without any payment. If you suspect something fishy is going on with your claim, call an Atlanta workers’ compensation lawyer right away.

Your attorney will contact the insurance adjuster and find out what’s going on with your claim. If it’s been denied, they’ll find out why.

Atlanta workers' compensation lawyer

Can My Atlanta Injury Lawyer Appeal the Denial?

If your claim is denied, your attorney can file an appeal. It all depends on why it was denied. Maybe you forgot to include certain information. Or your employer and the insurance company may doubt your claim is valid. Either way, your Atlanta workers’ compensation lawyer will negotiate with the insurance company to get your claim paid.

For the most part, most Georgia workers’ comp claims are approved. It can cost more to fight a claim than it is to pay it. However, if you’re one of the unlucky ones whose claim is denied, having a good lawyer can help.

What Benefits Do I Get if My Claim Is Approved?

If you’re lucky, your workers’ compensation claim will be approved right away. If this is the case, you’ll be entitled to certain benefits. In Atlanta, Georgia, these benefits include the following:

  • Your medical care will be covered -This includes medical bills, prescriptions, doctor co-pays, physical therapy, and durable medical equipment.
  • Weekly replacement wages of up to $675 per week – You’re entitled to receive 2/3 of your average weekly wages. So, if you made $500 per week before your workplace injury, you’ll be paid $333 per week. Even if you worked part-time, you’ll receive at least a minimum of $50 per week.
  • Your weekly replacement wages only last for 400 weeks. After that period, you will need to find another source of income. Most people settle their cases long before this. If you suffer temporary or total disability after the accident, your Atlanta injury lawyer will demand a lump sum settlement or continued weekly benefits.
  • If your spouse or loved one dies due to a workplace accident, you may be entitled to a survivor’s benefit of up to $7,500. Your Atlanta workers’ compensation lawyer can help make sure you receive the money you’re entitled to.

As long as your claim is approved, you won’t have to worry for long. Once you’ve been out of work for seven days, you can file your workers’ compensation claim. You’ll start receiving benefits right away. If you’re out of work for more than 21 consecutive days, you can demand back pay for the first 7 days.

Contact a Skilled Atlanta Workers Compensation Claim Lawyer Right Away

If you get hurt on the job, your employer should take care of you. It wouldn’t be fair to make you pay for medical care if your injuries weren’t your fault. The same goes for any lost wages you experience. Your employer or their workers’ comp insurance should provide you with replacement wages. If this doesn’t happen, you need to call one of our skilled Atlanta workers’ compensation lawyers right away.

After you meet with one of our Atlanta injury lawyers, you’ll have a better idea of how to proceed. The initial consultation won’t cost you a thing and you don’t pay until your case is resolved.

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