Most workers in Georgia assume that if they’re injured, their employer’s workers’ comp insurance policy will cover the cost of their medical bills and make up for their lost wages. For far too many Atlanta workers, they will learn too late that this is not the case.
If you’re struggling to cope with an injury or illness you sustained during the course of your job duties and your employer isn’t being as helpful as they should be, you may need to get a lawyer to remind them that you have rights under the law.
Atlanta, GA, Workers’ Comp FAQs
At Bader Scott, our workers’ compensation lawyers understand that each case and each client is unique, but there are certain questions that are common. Read the following frequently asked worker’s comp claim questions for answers.
Workers’ Compensation and Fault in Georgia
Your Rights Under Workers’ Compensation Law
Mistakes That Could Compromise Your Workers’ Comp Claim
Who Qualifies for Workers’ Compensation in Georgia?
How Workers’ Compensation Lawyers Are Paid
Why You Need a Workers’ Compensation Attorney in Atlanta
Workers’ Compensation and Fault in Georgia
One of the central points of workers’ compensation insurance is that it is no-fault based. Workers have the right to seek damages for their injuries regardless of whether or not they contributed to them by making a mistake. Under this system, your employer is also shielded from tort liability.
In exchange for no-fault benefits, the worker forfeits their rights to sue their employer. This means that even if you did something to contribute to your injury, you can still file a claim. Your employer cannot bar you from recovering benefits, even if you were partially to blame.
Your Rights Under Georgia Workers’ Comp Laws
In Georgia, workers have the right to medical coverage, the right to wage benefits, and the right to see a company-approved physician and seek a second opinion. You also have a right to coverage for any emergency room treatment if you needed urgent care. For example, if you had back and neck injuries that required immediate attention.
As far as your right to medical treatment, this includes the right to coverage for surgeries, physical therapy or rehabilitation, prescription medications, and follow-up appointments with the company-approved physician. If you require medical devices, such as braces, crutches, or other medical devices, then you have a right to coverage for these expenses as well.
If you must travel a long distance to get to your appointments (greater than 10 miles round trip), then you also have a right to request that your mileage also be covered. In cases where you suffer from a catastrophic injury, you may be eligible for lifetime benefits.
Mistakes That Could Compromise Your Workers’ Comp Claim
There are thousands of workers’ compensation claims filed every year in Georgia, but not all of them get approved. Some will be initially denied, fought, and ultimately approved, while others are never approved. This is where it is essential to be aware of the common mistakes that could compromise your workers’ compensation claim in Atlanta, Georgia. These include:
- Missing doctor’s appointments
- Failing to cooperate with medical advice
- Exaggerating injuries
- Failing to disclose pre-existing conditions
- Posting information about your injury on social media
- Posting information about your life on social media
- Failing to seek the advice of an Atlanta, GA, workers’ compensation attorney
- Hiring an attorney without first seeking an in-person consultation
Even when you no longer need to see your doctor as frequently, you need to schedule and keep regular appointments to stay in touch and ensure that your claim is not compromised by failing to seek regular medical care.
Who Qualifies for Workers’ Compensation in Georgia?
Workers in the state of Georgia are eligible for benefits when they sustain an acute injury or develop an illness while performing their job duties. Employees can be part-time, full-time, minors, or any other person who is working under contract of hire, written or implied.
Even if you are a part-time employee, you are not yet a legal adult, or you are working without proper authorization, in this state, you have the right to workers’ compensation insurance when you are injured on the job. You can click here to learn more about the eligibility guidelines.
If you lost a loved one to a fatal workplace accident and you’re having trouble collecting death benefits, you may also benefit from the help of a workers’ compensation lawyer in Atlanta. Certain family members are eligible for a settlement from the deceased’s employer’s insurer.
How Workers’ Compensation Lawyers Are Paid
Many workers’ compensation lawyers work on a contingency basis. This means our fee is based on whether or not we succeed at representing you and obtaining financial recovery, and we aren’t paid until the end of your case. According to Georgia law, attorneys are not allowed to collect more than 25% of your workers’ comp award.
With a contingent fee, your lawyer takes all the risk. If we lose, we collect nothing for our time. If we win, we get paid. Reach out to us today to learn more about the value of your claim.
Why You Need a Workers’ Compensation Attorney in Atlanta
Some workers’ compensation claims are straightforward, but other workers’ compensation claims are just the opposite. Here are just a few of the things that can go wrong during a claim:
- Your employer may deny you coverage.
- You may be released back to work before you are ready.
- There may be a dispute over whether or not you caused your injuries through misconduct.
- There may be a dispute over whether or not you were performing job duties at the time of your injury.
When this is this case and your workers’ compensation claim is more complex, it is in your best interests to hire a workers’ comp lawyer. We can help you maximize your settlement.
We will ensure that all paperwork and necessary forms are filed within a timely manner. They will also help you to gather evidence, appeal a denied decision, and recover your full benefit amount.
For a free legal consultation with a workers’ compensation lawyer serving Atlanta, call (404) 888-8888
Atlanta Workers’ Compensation Attorneys Serving You
Before we tell you how we can help your family, take a look at this video to see what we can do for our clients. When this woman was injured at work, she lost the full use of her arm. When she felt that her employer wasn’t taking her injury seriously, she got the Atlanta workers’ compensation attorneys at Bader Scott involved.
By making the process “painless,” we made a difference in her life that had a positive impact on her future. Our experienced workers’ compensation lawyers in Atlanta understand what it takes to do the same for you.
At Bader Scott Injury Lawyers, help is just a phone call away. If you are looking for an advocate who will get to work on your case immediately, who will put your needs first, and who will not give up until your case is settled, contact our law firm as soon as possible by calling (404) 888-8888.
Call or text (404) 888-8888 or complete a Free Case Evaluation form