Because workers’ compensation is a no-fault system, you do not have to worry about who actually caused the workplace accident. If your injury occurred at work, then you are eligible for benefits, even if the injury was your own fault.
Your employer cannot stop you from filing a workers’ compensation claim, no matter how much of the blame you carry for the injury occurring. A Rome workers compensation lawyer from Bader Scott Injury Lawyers can help.
Common Types of Work-Related Accidents in Workers’ Compensation Claims
On-the-job accidents and injuries can take many forms. However, there are some types of accidents, incidents, events, and injuries we see more frequently in Rome workers’ compensation claims than others. These include:
- Trips, slips, and falls
- Injuries caused by defective products
- Machinery accidents
- Motor vehicle accidents
- Commercial truck accidents
- Bulldozer Accidents
- Overexertion
- Factory accidents
- Construction accidents
- Exposure to toxic substances
- Repetitive stress injuries
- Crane accidents
- Forklift accidents
- Accidents caused by negligence
These are only a few of the more common ways in which these work-related accidents occur. If you have been involved in another type of on-the-job incident that was not described above, you may still have the right to workers’ compensation benefits. You can explore your legal options further when you contact a personal injury lawyer in Rome who is knowledgeable about workers’ compensation law in Georgia.
For a free legal consultation with a workers compensation lawyer serving Rome, call (404) 888-8888
Rome Workers Compensation FAQs
My Job Isn’t Providing Guidance on my Work-Related Injury. What Steps Should I Take?Is Pain and Suffering Included in Workers’ Compensation?Will My Employer Find Out if I Hire a Lawyer?How Long Does a Workers’ Compensation (WC) Case Typically Last?What Is the Maximum TTD in Georgia?Can You Go on Vacation While on Workers’ Compensation?Qualifying Injuries For Workers’ Compensation
All injuries that occur in the course of performing job-related activities are covered by workers’ compensation insurance. This includes accidental injuries, repetitive motion injuries, occupational illnesses, and even death benefits if you pass away from your injuries or illness.
Having said that, if you caused the injury through gross misconduct, willful recklessness, intoxication, or illegal activities, then exceptions apply, and you will not be covered.
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Workers’ Compensation Requirements
The Georgia State Board of Workers’ Compensation (SBWC) requires all employers in Georgia to have workers’ compensation insurance if they have three or more regular employees (including part-time, full-time, minors, and illegal workers).
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Available Workers’ Compensation Benefits in Rome, GA
An Employee Handbook is available from the Georgia State Board of Workers’ Compensation to explain the system and the benefits that are available to you when you’ve suffered a workplace injury or illness. Among the benefits available are medical coverage, reimbursement for lost wages, and death benefits to survivors in the event of a fatal workplace accident.
Medical Benefits
Medical coverage addresses all of your medical expenses which are deemed reasonable and necessary for your treatment and recovery. Hospital stays, surgeries, physical therapy, rehabilitation, prescriptions, and doctor appointments are all included in this. However, you are only covered if you seek treatment from authorized physicians. A list will be provided to you by your employer or the workers’ compensation insurance coverage provider.
Disability Benefits
Reimbursement for lost wages will apply if you miss more than seven days of work, though you will only be paid for those first seven days if you miss more than 21 days. The number of your benefits will be based on 2/3 of your average weekly pay. You will be able to receive these benefits for up to 400 weeks until you return to work or indefinitely if the injury was catastrophic.
Vocational Rehabilitation Benefits
Vocational rehabilitation benefits are designed to provide injury victims with compensation for educational opportunities or job training when their injuries are so severe they are no longer able to continue working in the same line of work.
The insurance company will be responsible for covering the costs of these educational opportunities so you can find gainful employment and no longer require workers’ compensation benefits.
Death Benefits
Death benefits are available to your survivors and dependents if you pass away from a workplace injury or illness. This will cover your medical bills, pay your funeral and burial expenses, and reimburse your lost wages to support those dependents.
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How To File a Workers’ Compensation Claim In Rome, GA
If you’ve been injured on the job, you should not waste any time filing your workers’ compensation claim. You must act fast to remain eligible for benefits and compensation from your employers’ workers’ compensation insurance company. Thus, you need to notify your employer of the incident right away. You have 30 days to do so without losing your right to file a claim, but the longer you wait, the more harm you will do to your injury claim.
Your employer, when notified of your injury, will file a First Report of Injury or Occupational Disease form. Your employer will face civil penalties if he or she does not file this form, and you should quickly contact an attorney if this happens. You can also choose to file your claim with the State Board of Workers’ Compensation directly within one year of the accident.
Common Reasons for Workers’ Compensation Claim Denials
Workers’ compensation claims are denied far more frequently than you might think. Remember, the insurance company will lose money by paying out on your claim. For this reason, it is in their best interests to have entire teams analyze your claim to look for reasons for the denial.
Some of the more common reasons given for workers comp claim denials in Rome include:
- Having a pre-existing condition
- Committing a crime at the time of the injury
- Having self-inflicted your injuries
- Being in violation of your employer’s code of ethics
- Being under the influence of drugs or alcohol at the time of the accident
- Working off the clock
- Failure to include supporting medical documentation
- Making mistakes on your application
As can be seen, some of these reasons are valid, while others are considered bad faith denials. Your attorney will attempt to provide the insurance company with the information and supporting documentation they need to overturn your denial.
However, if the insurance company is unwilling to settle your claim fairly, we will be prepared to advocate for your right to workers’ compensation benefits before an administrative law judge.
Appealing A Denied Workers’ Compensation Claim
You can always appeal a denied claim, though your greatest chance of success in this action is to contact a Rome workers’ compensation attorney to represent you. You will receive notification of the denial with an explanation, and you can request a hearing to present your evidence.
At this hearing, which would be best handled with the guidance of an attorney, you can use witnesses (including yourself), expert witnesses, and records from your injury and treatment. Your claim may still be denied, and if it is, your attorney can help you to appeal with the Appellate Division of the State Board of Workers’ Compensation within 20 days of the denial.
Third-Party Liability Claims For Workplace Injuries in Rome
Workers’ compensation aims to ensure that you are covered for workplace injuries while also protecting your employer from liability for further damages. This means that you can’t sue your employer if workers’ compensation covers you unless willful misconduct has occurred to warrant a lawsuit. There are circumstances where a third party is also liable for your injuries, and in these cases, you can file a personal injury claim or suit against that third party.
Following are some examples of third-party liability claims:
- Defective Product Claim against manufacturer/distributor in defective product accidents
- Auto Accident Claim against the at-fault driver in an auto accident
- Premises Liability Claim against homeowner/business owner in premises accidents
- Other Personal Injury Claims, such as dog bite/attack claims
While you cannot seek non-economic damages (such as pain and suffering) from workers’ compensation claims, you can seek these damages in third-party liability claims.
Common Workplace Injuries and How a Rome Workers’ Compensation Lawsuit Can Help
Understanding Workplace Injuries
Workplace injuries can range from minor strains to severe, life-altering accidents. Whether you’ve experienced a repetitive strain injury, a back injury from lifting heavy objects, or a serious fall, the effects can disrupt your daily life and ability to work. Employees in high-risk fields such as construction, healthcare, and manufacturing are especially prone to these injuries. Understanding the nature of your injury is crucial to ensure you receive appropriate treatment and compensation.
The Importance of Workers’ Compensation
Under Georgia law, workers’ compensation is designed to cover your medical bills, lost wages, and rehabilitation costs after a workplace injury. However, some workers in Rome face challenges with their claims, from insurance delays to outright denials. In such cases, filing a Rome workers’ compensation lawsuit may become necessary to ensure you receive the benefits you deserve. This legal action can be essential when your initial claim is denied, your benefits are reduced, or your employer disputes the nature of your injury.
Why Legal Representation Matters
Filing a Rome workers’ compensation lawsuit can be daunting, but it may be the best way to secure the benefits you are entitled to. Having a lawyer on your side ensures that you have the necessary evidence, meet important deadlines, and advocate effectively for your rights. Whether you’re negotiating a settlement or preparing for a court hearing, legal representation increases your chances of a successful outcome. It helps alleviate the stress of dealing with a disputed claim.
What to Do If Your Workers’ Compensation Claim Is Denied
Common Reasons for Denied Claims
Receiving a denial for your workers’ compensation claim can be disheartening, but it’s not the end of the road. Claims are often denied for various reasons, including insufficient evidence, delayed injury reporting, or employer disputes. Some insurance companies argue that the injury wasn’t work-related or claim it was pre-existing. In these situations, you may need to file a Rome workers’ compensation lawsuit to challenge the decision and secure the benefits you are entitled to.
Appealing a Denied Claim or Filing a Rome Workers’ Compensation Lawsuit
If your workers’ compensation claim is denied, the first step is typically to file an appeal with the Georgia State Board of Workers’ Compensation. However, if the insurance company or your employer continues to dispute your claim, you may need to consider filing a Rome workers’ compensation lawsuit. This legal process allows you to take your case to court, where a judge can evaluate your evidence, such as medical records and witness testimony, to determine whether you qualify for benefits.
Legal Help for Denied Claims
When facing a denial, filing a Rome workers’ compensation lawsuit with the help of an experienced attorney is often the best way to protect your rights. A lawyer can guide you through the legal process, ensuring all paperwork is filed correctly and on time, while advocating in negotiations or court proceedings on your behalf. With their support, you can focus on your recovery, knowing your case is being handled by someone who understands the complexities of workers’ compensation law.
When a Rome Workers’ Compensation Lawsuit is Necessary
Determining When to File a Lawsuit
Most workers’ compensation claims in Rome are handled without issue, but sometimes a lawsuit becomes necessary. If your claim is unfairly denied, or if the benefits you receive don’t cover your medical expenses or lost wages, it may be time to consider a Rome workers’ compensation lawsuit. A lawsuit is often the best option to ensure you get the full compensation you’re entitled to, especially when employers or insurance companies act in bad faith or fail to comply with legal requirements.
The Lawsuit Process
Filing a Rome workers’ compensation lawsuit involves gathering evidence to support your case, such as medical records, expert opinions, and witness testimony. Your lawyer will work with you to present a strong argument for why you deserve full compensation. This process may involve negotiating a settlement with the employer or insurance company, but your case will proceed to court if negotiations fail. Based on the evidence presented, A judge will decide whether you are entitled to benefits.
The Benefits of Legal Guidance
Navigating a Rome workers’ compensation lawsuit can be challenging, especially when you are still recovering from your injury. With the help of an experienced attorney, you can focus on your health while they handle the legal complexities of your case. An attorney will ensure your case is filed on time, that all necessary evidence is presented, and that you have a strong advocate in negotiations or court proceedings. This professional support significantly increases your chances of obtaining the compensation you deserve.
Rome Workers’ Compensation Lawsuit Settlements: What You Should Know
Understanding Settlements in Workers’ Compensation Lawsuits
Often, a Rome workers’ compensation lawsuit may be resolved through a settlement. A settlement is a legal agreement between you, your employer, and their insurance company, where you agree to close your claim in exchange for a lump sum or structured payment. Settlements can be beneficial because they allow you to receive compensation more quickly than waiting for a court decision. However, it’s important to consult with a lawyer before accepting any settlement to ensure it fully covers your medical needs, lost wages, and future expenses.
Negotiating a Fair Settlement
When negotiating a workers’ compensation settlement, it’s important to consider your current medical bills, future treatment needs, lost wages, and potential long-term impacts on your ability to work. Your lawyer will be key in ensuring that any settlement offer is fair and adequate. In some cases, insurance companies may try to offer less than what you are entitled to. A skilled attorney can push back, using evidence like medical reports and expert testimony to justify a higher payout.
When to Reject a Settlement
Not all settlement offers are in your best interest. If the offer doesn’t cover your medical costs, lost wages, or future needs, it may be worth further pursuing your Rome workers’ compensation lawsuit in court. Rejecting an inadequate settlement can be a tough decision, but it may lead to a more favorable outcome if your case is strong. Your attorney will advise you on the risks and benefits of accepting or rejecting a settlement, ensuring you make an informed decision.
Do I Need A Workers’ Compensation Lawyer in Rome?
Not all workers’ compensation claims are complex enough to require legal representation. For example, suppose you slip and fall at work. In that case, you injure your arm, you notify your employer, your employer files a First Report of Injury, you miss a few days of work, you file a workers’ compensation claim, and you receive coverage and benefits as expected, then you don’t need an attorney.
However, if your employer doesn’t file the First Report of Injury if the employer or insurance company denies your claim if you are pressured to return to work too soon, or if your claim is disputed or mishandled, you need to contact a workers’ compensation attorney to represent you.
Once you’ve obtained the services of a qualified workers’ compensation attorney in Rome, GA, you’ll feel a lot more confident about the direction of your claim. You’ll know that you have an expert on your side, defending your rights and effectively presenting your evidence to prove your right to receive workers’ compensation for your injuries. The best part is that workers’ compensation attorneys in Georgia can charge no more than 25% of what you receive in workers’ compensation benefits, so adequate legal representation is affordable.
Local Resources in Rome, GA, for Injured Workers
If you’ve been injured on the job in Rome, GA, several local resources can assist you with your recovery and legal needs:
- Floyd County Courthouse
3 Government Plaza, Rome, GA 30161
Phone: (706) 291-5190
Website - Rome Police Department
5 Government Plaza, Suite 300, Rome, GA 30161
Phone: (706) 238-5111
Website - Floyd Medical Center
304 Turner McCall Blvd, Rome, GA 30165
Phone: (706) 509-5000
Website - Northwest Georgia Public Health
1309 Redmond Road, Rome, GA 30165
Phone: (706) 295-6123
Website
These resources can provide support in both medical recovery and legal processes following a workplace injury.
Meet With a Rome Workers Compensation Lawyer
When you need access to the workers’ compensation benefits that are rightfully yours, but you do not know where to turn for help, reach out to a Rome workers’ compensation lawyer at Bader Scott Injury Lawyers.
Our firm is proud to offer no-cost, risk-free consultations to work injury victims across Rome and surrounding cities. Claim yours by completing our online contact form or calling our office to get started on your case.
Call or text (404) 888-8888 or complete a Free Case Evaluation form