If you got hurt at work or developed a job-related illness, you might be eligible for workers’ compensation benefits. These benefits could pay your medical bills and rehabilitation expenses and replace a portion of your income while you cannot work. The rules of Georgia’s workers’ compensation program are strict.
When you’re injured on the job, the financial stress of lost wages and mounting medical bills can feel overwhelming. At Bader Scott, we understand the challenges injured workers in Smyrna, GA, face when navigating the workers’ compensation process. If you’ve been hurt on the job, you deserve compensation for your medical expenses, rehabilitation, and time away from work. Our experienced workers’ compensation lawyers are here to ensure you receive the full benefits you’re entitled to and to protect your rights every step of the way.
Dealing with insurance companies, complicated paperwork, and employer disputes can be overwhelming when you’re already trying to recover. That’s why we’re committed to providing the legal support you need to focus on your health while we handle your case. Whether your claim has been delayed, denied, or disputed, Bader Scott’s Smyrna workers’ compensation lawyers will fight to get you the compensation you deserve so you can focus on healing and rebuilding your life.
Many people get denied benefits requests or receive lower cash benefits than they should. You do not have to accept an unfair result if you qualify for workers’ compensation benefits. A Smyrna workers’ compensation attorney could fight for you to get the benefits you deserve.
Who Is Covered by Workers’ Comp?
Most companies are required to have workers’ comp for their employees.
However, there are some exceptions, including the following:
- Companies with less than three employees
- Railroad workers
- Farmworkers
- Government employees
- Independent contractors
For a free legal consultation with a workers compensation lawyer serving Smyrna, call (404) 888-8888
Smyrna 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?What Is Covered by Workers’ Comp?
Workers’ comp covers any type of injury sustained while an employee was performing work duties. This includes injuries that occur in the office, at remote job sites, or while running work-related errands.
Chronic illnesses that develop over time as a result of your work duties will also be covered. This includes carpal tunnel syndrome and back injuries that may occur as a result of performing a repeated movement at your job. It can also apply to cancers and lung diseases that develop due to chemical exposure.
Psychological illnesses such as anxiety and depression are not covered unless they directly result from an injury that occurred at work.
Smyrna Workers Compensation Lawyer Near Me (404) 888-8888
What If the Injury Is My Fault?
Workers’ comp is a no-fault system. All injuries will be covered no matter who is at fault. The only exception is if the injury is due to a willful action made on the part of the employee.
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Want Great Results for Your Workers’ Comp Case in Smyrna?
You deserve a Smyrna workers’ compensation attorney with a track record of great results. Here are a few examples of workers’ compensation awards we have won for our clients:
- $5.25 million for a personal injury and workers’ compensation claim involving paralysis.
- $2 million for a workers’ compensation claim involving traumatic brain injury.
- $1.9 million for a workers’ compensation claim involving paralysis.
- $500,000 for a workers’ compensation claim involving amputation.
Your results will depend on the facts of your situation and may vary from these examples.
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What Benefits Are Available in Smyrna?
Employees who were injured in the workplace and file a workers’ comp claim are eligible for the following benefits:
- Medical Expenses: This includes any doctor’s visits and hospitalizations that are a direct result of your injury, as well as any ongoing care that is required.
- Lost Wages: Temporary Partial Disability (TPD) and Temporary Total Disability (TTD) are available to workers who can not work at all or must work at a reduced rate due to injuries. If workers are unable to return to work at all, they can apply for permanent disability benefits.
- Death Benefits: If an employee dies due to work-related injuries, the family may be able to collect compensation for lost wages and funeral and medical expenses.
How Do I File a Workers’ Compensation Claim?
Injuries and accidents must be reported within 30 days after the injury occurred. Employees must also file a First Report of Occupational Disease with the Georgia State Board of Workers’ Compensation.
Claims must be filed within a year after the injury occurred unless you are receiving ongoing treatment. If you are receiving ongoing treatment, you have two years from the last treatment or injury benefit payment.
It is not always necessary to file a claim. However, you will need to do so in the following circumstances:
- If your employer does not report your injury as required.
- If you do not get benefits
- If you believe your interests are incorrect
- If you are cleared to return to work but are still unable to perform your job duties
- If you are not receiving proper care
- If you disagree with your company about the benefits, you are entitled to appeal
Reasons Why Workers’ Compensation Requests Get Denied
In theory, Georgia’s workers’ compensation program is a no-fault system, which means you do not have to prove that your employer’s negligence caused your injury. A common misunderstanding is that an injured worker automatically gets benefits, but that is not always the case.
Here are some of the reasons that workers’ compensation claims get denied:
- The illness or injury did not happen at work. The workers’ compensation program does not cover workers 24/7. Your illness or injury must be the result of your job.
- You have to notify your boss immediately after you discover the injury or illness. If you are unable to notify your employer right away, you can ask someone to do so for you. Failure to provide prompt notice is one of the most common grounds for a denial of benefits.
You must fill in all program forms completely. Incomplete forms can delay the processing of your claim, which can delay your benefits.
- Your boss has a list of the doctors and other medical providers who are authorized to treat people for accidents or sickness within a workers’ comp setting. You cannot go to your regular doctor for treatment. In the event of an emergency, you could go to the nearest emergency room, but after that, you will have to use a doctor from your employer’s list.
- You can qualify for benefits if you were partially or entirely at fault in the accident that injured you, as long as the wounds were not self-inflicted. It raises a red flag if you have the same type of injury to the same part of your body more than once.
- You will have to go back to work when your workers’ comp doctor releases you to regular work activities. Refusing to do so can stop the payment of your benefits.
- If you are required to undergo a medical procedure, like blood tests or x-rays, refusal to do so can terminate your benefits.
We will be happy to explain how you can avoid losing your eligibility for workers’ comp benefits.
Can I Appeal a Workers’ Comp Decision in Smyrna?
If you feel your workers’ comp benefits were unfairly denied, you can appeal this decision. The process will include a hearing in front of an Administrative Law Judge. During the hearing, you will need to present evidence to support your claim, which may include medical records and testimony by a medical professional.
If benefits are still denied, you may further appeal the decision to the Appellate Division of the State Board of Workers’ Compensation. You will have 20 days from the initial ruling to make this appeal.
If you are appealing a court ruling on your workers’ comp benefits, it’s a good idea to have a reliable lawyer on your side. They will help make sure your benefits are approved. You do not have to go through this process alone. We can be there with you every step of the way and fight relentlessly for you to get the benefits you deserve.
Can I File a Lawsuit Against My Employer for My Injury in Smyrna?
In most cases, you must choose between a workers’ comp claim and a lawsuit. Therefore, you cannot file a lawsuit against your employer unless he committed a negligent or intentional act that caused your injury. Also, if a third party’s intentional or negligent act caused your injury, you may sue that third party.
Common Workplace Injuries and How a Smyrna Workers’ Compensation Lawyer Can Help
Types of Workplace Injuries
Workplace injuries in Smyrna can happen in any industry, from construction sites to office environments. Common injuries include back injuries from heavy lifting, repetitive strain injuries from continuous movements, and serious trauma from accidents like falls or equipment malfunctions. Even a seemingly minor injury can have lasting impacts on your ability to work and support your family. It’s important to seek medical attention and legal help to ensure your injury is properly documented and that you receive the compensation you need.
How Workers’ Compensation Works
Georgia’s workers’ compensation system is designed to provide benefits for injured workers, including coverage for medical bills, rehabilitation, and partial wage replacement. However, the claims process can be complex and time-sensitive. If your employer or their insurance company is delaying or denying your claim, it’s essential to consult a Smyrna workers’ compensation lawyer. A legal professional can help you navigate the claims process, ensuring all necessary paperwork is completed and deadlines are met, while also helping you avoid common pitfalls that can harm your claim.
Legal Support in Complicated Cases
While some workers’ compensation claims are straightforward, many workers in Smyrna encounter issues like employer disputes, denied claims, or insufficient benefits. If your injury is serious or your employer is not cooperating, having a workers’ compensation lawyer on your side can make a significant difference. An attorney can investigate your case, gather medical evidence, and fight for the benefits you are entitled to under Georgia law. Don’t let insurance companies downplay the severity of your injury—legal representation ensures your rights are protected.
What to Do If Your Smyrna Workers’ Compensation Claim is Denied
Common Reasons for Denied Claims
Facing a denial for your workers’ compensation claim can be frustrating and disheartening, but it’s not the end of the road. Claims may be denied for a variety of reasons, such as insufficient medical evidence, missing deadlines, or employer disputes over whether the injury occurred at work. In Smyrna, workers often encounter issues where insurance companies argue that the injury was pre-existing or not work-related. If your claim has been denied, it’s important to consult with a Smyrna workers’ compensation lawyer to explore your next steps.
Appealing a Denied Workers’ Compensation Claim
If your workers’ compensation claim has been denied, you have the right to appeal the decision. This process involves filing a request for a hearing with the Georgia State Board of Workers’ Compensation. During the appeal, you will have the opportunity to present additional evidence, such as medical reports and expert testimony, to strengthen your case. Having a knowledgeable workers’ compensation lawyer by your side is crucial, as they can handle the appeal process, gather supporting evidence, and represent you at the hearing to fight for your benefits.
How a Smyrna Workers’ Compensation Lawyer Can Help
Navigating a denied workers’ compensation claim can be overwhelming, but you don’t have to go through it alone. A Smyrna workers’ compensation lawyer will help you understand why your claim was denied, gather the necessary documentation to support your case, and represent you in appeals hearings. With legal guidance, you can ensure that your rights are protected and that you receive the full benefits you are entitled to, including coverage for medical bills, lost wages, and rehabilitation costs.
Steps to Take After a Workplace Injury in Smyrna
Report the Injury Immediately
One of the most important steps after a workplace injury is reporting the incident to your employer as soon as possible. In Georgia, you typically have 30 days to report a workplace injury to be eligible for workers’ compensation benefits. Failure to report the injury within this timeframe could jeopardize your claim. Ensure you notify your supervisor or HR department in writing, and keep a record of your report for your own records.
Seek Medical Attention
After reporting your injury, it’s critical to seek immediate medical attention. In Smyrna, workers’ compensation law allows your employer to provide a list of approved doctors you can visit for treatment. Follow the recommended treatment plan, attend all medical appointments, and document any ongoing symptoms. Detailed medical records will play a significant role in your workers’ compensation case and help your attorney demonstrate the extent of your injury.
Consult a Workers’ Compensation Lawyer
Even if your injury seems minor, consulting with a workers’ compensation lawyer can help protect your rights from the outset. An attorney will review your case, assist with filing your claim, and represent your interests if any disputes arise. Suppose your employer or their insurance company attempts to downplay your injury or deny your claim. In that case, your lawyer will step in to advocate for your rights and secure the benefits you deserve under Georgia law.
How a Smyrna Workers’ Compensation Lawyer Can Maximize Your Compensation
Understanding the Full Scope of Your Compensation
Workers’ compensation in Georgia covers medical expenses, a portion of lost wages, and, in some cases, rehabilitation costs. However, understanding the full extent of your benefits can be challenging. A Smyrna workers’ compensation lawyer can help you evaluate all potential benefits, ensuring that you receive compensation for future medical needs, lost earning potential, and any permanent disability resulting from your injury.
Negotiating with Insurance Companies
Insurance companies often attempt to minimize payouts by offering lower settlements or disputing the severity of your injuries. Navigating these tactics alone can be overwhelming, especially when you’re recovering. A skilled workers’ compensation lawyer in Smyrna will negotiate on your behalf, pushing back against lowball offers and ensuring that your compensation reflects the true cost of your injuries. Whether through negotiation or litigation, having legal representation increases your chances of securing the full benefits you deserve. Your lawyer will leverage medical records, expert testimony, and the facts of your case to present a strong argument for maximum compensation, helping you avoid accepting an unfair settlement that doesn’t cover your needs.
Litigating When Necessary
In some cases, negotiations with insurance companies may reach a deadlock, with the insurer refusing to offer a fair settlement. When this happens, having a Smyrna workers’ compensation lawyer who is prepared to take your case to trial can be crucial. Your attorney will present evidence to the court, demonstrating the severity of your injuries and the impact on your ability to work and support your family. With experienced legal representation, you can feel confident knowing your lawyer will fight tirelessly to ensure you get the compensation you’re entitled to, whether through a favorable settlement or a court judgment.
Protecting Your Future
Injuries sustained in the workplace can have long-lasting effects on your health and earning capacity. Whether your injury leads to a temporary disability or a permanent impairment, it’s important to consider the long-term financial and medical consequences. A Smyrna workers’ compensation lawyer will assess your case from a long-term perspective, ensuring that any settlement or judgment reflects your future needs, including ongoing medical care, rehabilitation, or vocational retraining if you’re unable to return to your previous job.
Local Resources in Smyrna, GA for Injured Workers
If you’ve been injured at work in Smyrna, GA, several local resources can assist you throughout your recovery process:
- Cobb County Courthouse
70 Haynes Street, Marietta, GA 30090
Phone: (770) 528-1000 - Smyrna Police Department
2646 Atlanta Road SE, Smyrna, GA 30080
Phone: (770) 434-9481 - Wellstar Cobb Hospital
3950 Austell Road, Austell, GA 30106
Phone: (470) 732-4000 - Georgia State Board of Workers’ Compensation
270 Peachtree Street NW, Atlanta, GA 30303
Phone: (404) 656-3875
Finding the Right Lawyer for Your Smyrna Workers’ Comp Case
If you feel your workers’ comp claim is not being handled fairly, you may want to seek the help of a workers’ comp lawyer. If you are looking for an attorney in the Smyrna, GA area, Bader Scott Injury Lawyers is highly recommended.
Bader Scott’s team has years of experience in workers’ comp and personal injury law. Their exclusive focus on these fields has allowed them to develop an in-depth knowledge of the industry, ensuring their clients will get the best possible outcome. They are known for their caring approach, affordable rates, and aggressive representation.
If you were injured on the job, make sure you get the compensation you deserve. The Bader Scott team will see to it that justice is served.
Call or text (404) 888-8888 or complete a Free Case Evaluation form