Being injured while at work can be devastating, overwhelming, inconvenient, and stressful for you and your family. The shock, pain, countless visits to the doctor, mounting bills, and a constant battle with your employer can make a person feel overwhelmed. If you have suffered an injury or occupational disease, do not stress yourself; call us today and speak with our Dunwoody workers’ compensation lawyer.
At Workers Compensation Lawyer coalition Atlanta, we exclusively handle workers’ compensation claims only. For this reason, our lawyers are experienced in dealing with WC claims in Dunwoody, Georgia. The workers’ compensation law in Georgia is complex and demands a person who knows the intricate details of the process.
What is Workers Compensation?
Workers’ compensation is a type of business insurance that offers benefits to workers who have gotten work-related illnesses or injuries. It is a state-mandated insurance cover and varies from state to state. It specifically helps pay for:
- Medical treatment (that includes hospital stay, prescription, physical therapy, medical travel expenses, and more)
- Lost wages (payment will vary based on a person’s ability to work and the average amount they were receiving before the injury)
- Temporary total disability benefit (paid when a doctor says you are not allowed to work for some time)
- Death benefit (paid to cover burial cost and other benefits to the spouse)
Workers compensation law in Georgia (O.C.G.A 34-9-81.1); offers workers compensation benefits to every person working in the state for work-related injuries, even if it was their first day on the job. the Dunwoody Workers’ Compensation Lawyers also protects the business in three ways: –
- Cover employee injuries and illness
- Protect the business against a lawsuit
- Keep the business compliant with state regulations
What Should I Do If I Am Hurt On The Job?
The steps you take do affect your workers’ compensation benefits. You can be your best advocate when you have been injured. Therefore, what should you do?
- Inform your superior (report the matter) – This is the most important thing you should do. In fact, it should be the first step to take, and you should do it in writing. Some states specifically require employees to inform their employers in writing, while others allow verbal notice.
- Seek immediate medical attention – Consult a doctor and follow their instructions to the letter.
- Collet evidence if possible – Take photos of the injury if possible. Do not forget to keep all records of your injury and the symptoms.
- File the Compensation claim – It is wise to find a Dunwoody workers’ compensation lawyer who will assist you file a workers’ compensation claim.
What Are The Most Common Workplace Accident Injuries?
The reasons for accidents occurring at work and the common workplace accidents are two sides of the same coin. Of course, there are freak accidents that no one could foresee or prevent, while others are due to negligence (lack of taking proper precaution.)
According to a Statistic report by the U.S. Bureau of Labor, the most common work-related injuries are due to: –
- Slip and fall (trip) (29%)
- Carrying, lifting, or handling objects (20%)
- Construction accidents and being struck falling/moving objects (10%)
- Falling from height and stairs (8%)
- Acts of violence (8%)
- Joint pain, back, and neck injuries (7%)
Other common injuries with a less than 5% include:
- Hearing loss
- Accidents while traveling for a work-related activity or task
- Accidents while operating tools and machines
Why Should I Hire A Dunwoody Workers’ Compensation Lawyer?
Legal advice: – A majority of lawyers offer free initial consultation services. You can take the opportunity to learn more about your workers’ compensation claim and the best way to handle it. The lawyer you choose will offer legal counsel through the whole process.
Limit Denial: – Because a lawyer knows what is needed to make a workers’ compensation claim successful, your chances of being denied are limited. Remember, it is easier to get it right the first time.
Relieve stress: – After an injury, it can be stressful. However, with the help of a Dunwoody workers’ compensation lawyer they will handle all the legal aspects of your claim, allowing you to rest and recover peacefully.
Filing The WC-14 Form: – If you have filed your taxes before, you know how frustrating it can be. That is because you are desperately trying to understand the seemingly simple statement on the form, but you cannot because it is complicated.
Claim expertise: – Your Dunwoody workers’ compensation lawyer knows more about claims in general. This means they know what is needed and how to go about the whole process. As such, they will make answering the question quick and relatively easy.
How Much Does It Cost To Hire Georgia Workers Compensation Lawyer?
Like in most states, Dunwoody workers’ compensation lawyers work on a contingency basis. This means the lawyer will take a portion of the settlement rather than asking for hourly rates. Under the Georgia law (GA. Code 34-9-108(a)) and workers’ compensation law (GA. Code Rule 108 (2020)), a lawyer cannot charge more than 25% of the benefits received as settlement (not including medical benefits). The payment cannot exceed 400 weeks of your disability benefits.
What Should I Do If My Workers Compensation Claim Is denied?
According to the law, you have the right to seek a clear reason why your claim has been denied. Also, you have the legal right to file an appeal. You can file a request to have a hearing before Georgia’s Board of Workers Compensation. The Administrative law judge will hear your case and make a ruling.
What Are The Responsibilities Of The Employee In Filing A Workers Compensation Claim?
According to Georgia’s Workers compensation laws, the injured worker must abide by the following responsibilities:
- Report the injury immediately or not later than 30 days after the accident/injury to the employer.
- Follow written safety rules and reasonable employer policies and procedures.
- Agree to reasonable medical treatment and rehabilitation services when ordered by Georgia’s Board of Workers Compensation.
- Prove the incident was not a result of your (worker) willful misconduct.
- If you are moving or relocating to a new location, inform your employer or insurance carrier. You should inform them when you can return to work full time. Also, inform them when changing address or remarriage (in the case of a dependent spouse of a deceased worker).
- File the claim within a year after the death of a loved one with the State Board of Workers Compensation.
- Submit reimbursement request for mileage and other expenses related to medical care.
- Submit to a drug test after a work-related injury. If not, provide justifiable evidence for refusal.
- Always tell the truth and avoid making misleading or false statements.
What Are The Responsibilities Of The Employer In The Workers Compensation Process?
According to state rules, if a company or employer hires more than three people, they are required to have a workers’ compensation insurance policy. Although this insurance cover is designed to protect both parties (the employer and employee), it is the responsibility of the employer: –
- To post a notice of compliance with the Workers Compensation Laws.
- To fill and submit an injury report.
- To offer the injured worker immediate medical treatment option.
- To comply with every request made for further information regarding the injured worker to the insurance carrier.
- To report all work-related accidents that result in injury or occupational illnesses that need further treatment or cause loss of life.
Can I Be Fired For Claiming A Workers Compensation Claim?
NO! It is a worker’s legal right to seek workers’ compensation benefits for work-related injuries and illnesses.
Is There A Time Limit To File A Workers Compensation Claim In Dunwoody, Georgia?
YES! There is a time limit to file a workers’ compensation. This is a statute of limitation found in Georgia’s workers’ compensation laws. However, it is important to note that the statute of limitation differs based on different stages of the process.
- After Being Injured – If you have work-related injuries, you have only 30 days to report the injury.
- If Your Employer Fails To Take Any Action – Filing a workers’ compensation is similar to a lawsuit when it comes to the statute of limitations. As such, if the employer has not provided either indemnity or medical treatment benefits, then you (the worker) have 1-year to file a notice with the Georgia Board of Workers Compensation.
- If You Have Already Received Wage Loss Benefit – If you have received wage loss benefits, you have 2-years to file a claim through WC-14.
To better understand all this, call our Dunwoody Workers’ compensation lawyers coalition attorney. We will answer all the legal questions you may have.
Can I Sue My Employer?
NO! The workers’ compensation insurance cover protects employers against legal action. In other words, if you accept Workers Compensation benefits, it means that you waver all the rights to sue your employer for work-related injuries or illnesses.
You can sue your employer in very rare situations related to work injuries. However, in Georgia, you can sue a third party for work injuries. Contact our Dunwoody Workers’ Compensation lawyer to know if this situation applies to you.
Can An Independent Contractor File A Workers Compensation Claim?
Consultants, freelancers, or independent contractors are not eligible to receive workers’ compensation in Georgia. The Georgia Department of Labor has its method of determining a worker’s status using workers’ compensation laws that define independent contractors as: –
- A person working under a contract that allows an independent contractor relationship
- Has the right to exercise control over work method, manner to work, and time
- A person paid on a set price for a job rather than hourly or weekly salary
What Is My Georgia Workers Compensation Claim Worth?
Determining the exact work of your Dunwoody Workers’ Compensation Lawyer is difficult. However, many factors will influence its cost. First, it is wise to note that your income benefit income will be 2/3 of your average weekly income. The maximum limit being $575 per week. The claim will pay for: –
- Income loss replacement benefit
- Medical expenses
- Rehabilitation expenses
- Permanent partial disability
- Travel expenses
Call Our Dunwoody Workers’ Compensation Lawyers
If you have been injured due to work-related accidents, we strongly encourage you to contact an experienced Dunwoody workers’ compensation lawyer. At Dunwoody Workers’ Compensation Lawyers, we have a team of experienced and highly skilled lawyers ready to help you.
Schedule your free consultation today to discuss compensation before the statute of limitation runs out. We will not ask you to pay anything until we get you the compensation you are legally owed.