If you’re a worker in Georgia, you may assume that if you’re injured, your employer’s workers’ compensation insurance policy will cover the cost of your medical bills and make up for your lost wages. Far too many workers will learn too late that this is not the case, and you may be one of them.
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 workers’ compensation lawyers in Atlanta to remind them that you have rights.
Atlanta, GA, Workers’ Compensation FAQs
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:
Can You Sue Your Employer While on Workers’ Compensation?
One of the central points of workers’ compensation insurance is that it is no-fault based. You have the right to seek damages for your injuries, regardless of whether or not you contributed to them. Under this system, your employer is also shielded from tort liability.
In exchange for no-fault benefits, you forfeit your 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.
What Are My Rights Under Georgia Workers’ Compensation Laws?
In Georgia, workers have the right to medical coverage, the right to wage benefits, the right to see a company-approved workers’ compensation doctor in Atlanta and seek a second opinion. You also have a right to coverage for any emergency room treatment. 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, medications, and follow-up appointments with the company-approved physician. If you require medical devices, such as braces or crutches, then you have a right to coverage for these expenses as well. If you wonder whether you benefit from pre-existing conditions coverage, Georgia law says workers’ compensation could cover pre-existing conditions, but only if your condition was worsened or aggravated by your job or duties. For instance, if you started a job with back pain, the workers’ comp covers the additional pain and stiffness you developed while performing your tasks but not the pre-existing pain you had before you took the job.
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.
What Mistakes Could Compromise My Workers’ Compensation Claim?
There are thousands of workers’ compensation claims filed every year in Georgia, but not all of them get approved. This is where it is essential to be aware of your basic employee rights and of the common mistakes that could compromise your workers’ compensation claim in Atlanta. 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. This will 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 specialized lawyer. Certain family members are eligible for a settlement from the deceased’s employer’s insurer.
How Are Workers’ Compensation Lawyers 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’ compensation award.
With a contingent fee, your workers’ compensation attorney in Atlanta can take 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.
Is it Worth Getting a Workers’ Compensation Attorney?
If you’ve been hurt at work and you’re having difficulty with your claim, it’s worth getting a workers’ compensation attorney Atlanta, GA. 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 professional workers’ compensation lawyer who 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.
How Can an Atlanta Workers’ Compensation Attorney Help?
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 one of our workers’ compensation attorneys in Atlanta involved.
By making the process “painless,” we made a difference in her life that had a positive impact on her future. Our experienced lawyers understand what it takes to do the same for you.
Can I Sue My Employer for Denying Workers’ Compensation?
If you believe your claim is valid but your employer is denying it anyway, you may need to get a workers’ compensation lawyer and file a claim. Your employer could be denying your claim because they assume you won’t challenge it, which would save them money. You have the legal right to file a lawsuit if this happens.
Not only could you be receiving compensation through your company’s insurance company for your injury, you could also get help with recovery from your employer’s insurance for the harm they have caused. This would require a lawyer’s help to differentiate the two processes and what paperwork is to be filed with the Superior Court of Fulton County versus Georgia’s Board for Workers’ Compensation.
Will Workers’ Compensation Offer Me a Settlement?
Workers’ compensation may offer you a settlement, but keep in mind that once you accept it, you will not be able to get any more benefits if it turns out you haven’t fully recovered. You could end up with more bills if you haven’t reached maximum medical improvement. You should have your Atlanta workers’ compensation lawyer go over any workers’ compensation settlement types offers before you accept one of them.
Schedule a Free Consultation Today!
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.
Let us help you move forward after a workplace accident.