Georgia workers who suffer from an employment-related illness can seek workers’ compensation. Our Smyrna occupational diseases lawyer can file your claim, negotiate a fair settlement, and appeal denied benefits. Throughout, Bader Scott Injury Lawyers will stand by your side. Our personal injury lawyers will fight for the medical treatment and wage compensation you deserve.
Our Smyrna Occupational Disease Attorneys Fight for Injured Workers
Occupational diseases are illnesses and chronic injuries that result from your job performance or exposure to workplace hazards, such as harmful solvents, chemicals, and irritants. According to the American Psychological Association (APA), some of the most high-risk industries for workplace exposure include:
- Health care
- Disaster recovery
Our firm helps workers suffering from illnesses related to these and other occupations. Since 2008, we have helped clients seek financial recovery for personal injuries and workplace accidents. If you believe you have a health condition connected to your employment, we will fight for you.
For a free legal consultation with a occupational diseases lawyer serving Smyrna, call (404) 888-8888
We Will Pursue Workers’ Compensation for Your Occupational Illness
Workers’ compensation should cover any necessary treatment related to your occupational illness. However, you must seek treatment from an approved provider, follow your doctor’s orders, and meet other requirements. Our attorneys can:
- Review your workers’ compensation insurance and your medical benefits
- Help you understand your rights and responsibilities under the policy
- Fight to make sure you receive treatment for as long as is medically necessary
- Resolve issues regarding your choice of doctor or course of treatment
- Appealed denied coverage or underpaid claims
- Look out for your best interests (not your employer’s or the insurance company’s financial bottom line)
In addition to medical coverage, you may qualify for wage replacement benefits if your occupational illness interferes with your ability to perform your job. Disability payments usually cover two-thirds of your average weekly wage and can last up to 400 weeks. If you have a partial disability, your compensation typically includes two-thirds of the difference between your current and previous wages.
Our Smyrna occupational diseases lawyer can seek the maximum possible wage replacement. We can also push back if your employer denies your disability or tries to force you back to work before you are medically ready.
If your loved one died from an occupational illness, you can receive compensation for the medical care, funeral costs, burial costs, and two-thirds of their lost wages. Death benefits are available to the deceased’s surviving spouse, dependent children, or dependent stepchildren.
Smyrna Occupational Diseases Lawyer Near Me (404) 888-8888
Our Occupational Disease Lawyers Will Explore Your Options for Seeking Personal Injury Damages
Under the workers’ compensation system, you cannot sue your employer if they provide insurance and their insurer offers you a fair settlement for your covered damages. However, if your employer does not have insurance or your claim is denied or underpaid, you may have grounds for a lawsuit. Additionally, you may be able to file a suit against a liable third party, such as a general contractor, property owner, or manufacturer.
With a personal injury or wrongful death lawsuit, you can seek recovery for your medical expenses, including the cost of treatments workers’ compensation may not cover. You can also seek awards for:
- One hundred percent of your weekly wages
- Lost benefits, bonuses, and other earnings
- Loss of your future earning capacity
- Physical pain
- Emotional and mental distress
- Lost quality of life
- Household services
- Loss of a deceased loved one’s care, companionship, and guidance
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Connecting Your Occupational Disease to Your Employment
Establishing that your disease resulted from workplace exposure can be more difficult than proving you suffered an injury during an accident. This is because occupational illnesses often develop gradually, meaning there is usually no specific incident you can point to as the cause of your injury.
You do not need to show that your employer (or anyone else) acted negligently to receive workers’ compensation for an occupational illness. However, according to O.C.G.A. § 34-9-280, the State Board of Workers’ Compensation (SBWC) must agree that the following are true for you to secure benefits:
- There is a direct connection between conditions in your workplace and your illness
- You sustained exposure to disease-causing agents while on the job
- You did not suffer substantial exposure to hazards outside of your workplace
- Your disease is not common among the general population
- Your health condition originated due to workplace risk factors
Our Attorneys Will Build Your Claim or Lawsuit
Our attorneys can help you prove the above using medical records, expert testimony, and scientific and medical research. We can also investigate your work environment to establish the presence of disease-causing substances.
If you qualify to take legal action, you will need to show that another party’s negligence caused your health problems. Our Smyrna injury lawyers can collect evidence for your lawsuit. We help with claims and lawsuits involving common occupational diseases, including:
- Chronic obstructive pulmonary disease (COPD)
- Asthma and other respiratory conditions
- Allergic or irritant dermatitis
- Fertility problems
- Pregnancy abnormalities
- Carpal tunnel syndrome
- Skin infections
- Infectious diseases
- Bloodborne illnesses
- And more
Take Action Before Time Runs Out
Do not wait too long to start on your workers’ compensation claim. You must adhere to the following deadlines or risk losing your chance to pursue benefits or damages:
- You must alert your employer about your illness within 30 days of receiving a diagnosis.
- According to O.C.G.A. § 34-9-281, employees have one year from the time they learned of their occupational illness and its connection to their employment to file for workers’ compensation (not to exceed seven years from the time of their last on-the-job exposure).
- If insurance denies your claim or undervalues your settlement, you have one year to file for a hearing before the SBWC (our attorneys can represent you during the proceeding and throughout your appeal).
- According to O.C.G.A. § 9-3-33, you have two years from learning of your illness (or from your loved one’s passing) to file a personal injury or wrongful death lawsuit.
Bader Scott Injury Lawyers Can Start on Your Occupational Disease Case Today
Contact our firm today to get started on your case with a free consultation. A team member can tell you more about working with our Smyrna occupational diseases lawyer.