If you’re a worker in Georgia, you may assume that if you get hurt on the job, your employer’s workers’ compensation insurance policy will cover your medical bills and part of your lost wag
If you’re a worker in Georgia, you may assume that if you get hurt on the job, your employer’s workers’ compensation insurance policy will cover your medical bills and part of your lost wages. Far too many workers will learn too late that this is not the case, but you don’t have to be one of them. If you’re coping with a job-related injury or illness, an Atlanta personal injury lawyer from Bader Scott Injury Lawyers will protect your rights and interests while fighting for your rightful compensation.
Experiencing a workplace injury can be a daunting and stressful ordeal. If you’ve been injured on the job in Atlanta, you may be grappling with medical bills, lost wages, and the complexities of the workers’ compensation process. It’s crucial to understand that you have rights and options.
At Bader Scott, Our Atlanta workers’ compensation lawyers are dedicated to helping injured workers navigate these challenges, ensuring they receive the compensation they and their families deserve. Our extensive experience in workers’ compensation law makes us well-equipped to advocate for your best interests and help you regain financial stability. Call today for your free case consultation.
Listen to Our Atlanta Workers’ Compensation Podcast
Stay informed about the workers’ compensation process by listening to our Atlanta Workers’ Compensation Podcast. Our expert accident attorneys provide insights into Georgia’s workers’ compensation laws, share real-life case experiences, and guide you toward securing the benefits and compensation you and your family deserve after a workplace injury in Atlanta.
Our legal team understands the nuances of Georgia’s workers’ compensation laws and the tactics used by insurance companies to minimize payouts. Whether you are dealing with denied claims, insufficient benefits, or employer retaliation, our Atlanta workers’ compensation attorneys are here to fight for your rights. By choosing Bader Scott, you are choosing a law firm that prioritizes your recovery and financial well-being. We offer personalized legal strategies tailored to your unique situation, ensuring you receive comprehensive guidance and support throughout the claim process.
Our personal injury attorneys will handle the workers’ compensation insurance process for you while you recover. We’ll handle your case from start to finish while you focus on your health and well-being.
Call us today to begin exploring your legal options during a free consultation.
For a free legal consultation with a workers' compensation lawyer serving Atlanta, call (404) 888-8888
Atlanta Workers' Compensation FAQs
What Is the Maximum Payout for Workers’ Compensation in Georgia?How Long Do Most Workers’ Comp Settlements Take in Atlanta?What Percentage Does a Workers’ Comp Lawyer Get in Atlanta?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?Got Hurt at Work? Tell Your Employer Immediately and Get Medical Help
If you have suffered an injury on the job, you should get medical care now. It is also necessary to inform your employer, preferably in writing, about the accident and your injuries. In Georgia, you have 30 days from the day of injury to report it. If you fail to report it on time, you could hurt your chances of receiving workers’ comp benefits. You also have one year from the injury date to file a workers’ compensation claim, as the Georgia State Board of Workers’ Compensation states.
After you get medical help and tell your employer, you can call our law firm to discuss your case. You can also check out this video to understand how we help our injury clients. When the woman in the video suffered an injury at work, she lost the full use of her arm.
When she felt 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 positively impacted her future. Our lawyers understand what it takes to get case results for our clients, and we want to do the same for you.
Call Bader Scott today for a free consultation.
Atlanta Workers' Compensation Lawyer Near Me (404) 888-8888
Atlanta Workers’ Compensation FAQs
- What Percentage Does a Workers’ Comp Lawyer Get in Atlanta?
- 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?
Complete a Free Case Evaluation form now
Our Atlanta Workers’ Compensation Attorneys Can File Your Claim and Take Care of Your Entire Case
When our law office works to secure your workers’ compensation benefits, we will put your needs first and examine all avenues that can lead to favorable results. We will:
- Investigate the job-related accident to determine what happened and establish who is responsible
- Identify all parties that could owe you damages if the worksite accident involved a third party, such as independent contractor, consultants, maintenance firms, or property owners
- Gather and examine all relevant evidence that supports your compensation case (e.g., workplace incident reports, police reports, video surveillance footage, witness statements, expert witness statements)
- Assess your economic and non-economic damages for a work-related injury (e.g., your medical expenses, income loss, future income loss, and pain and suffering; our Atlanta wrongful death lawyer can pursue funeral and burial expenses if you lost a loved one in a job-related accident)
- Lead negotiation talks with the workers’ compensation insurance carrier that covers your accident-related needs
- Prepare and file a personal injury lawsuit and take your case to trial if we cannot settle your claim
An Atlanta workers’ compensation lawyer from Bader Scott will develop a case strategy that addresses your case’s specific needs to cover all bases of the compensation process. We can explain how state laws affect your case and answer your questions. We will also manage all the deadlines for your case.
We Will File Your Atlanta Workplace Lawsuit Case on Time
Suppose you can file a third-party injury lawsuit or a wrongful death lawsuit for a work-related injury. In that case, our Atlanta personal injury lawyers will abide by Georgia’s statute of limitations, which is generally two years from the date of the work accident, per O.C.G.A. § 9-3-33. Our personal injury attorneys must meet this deadline, or you risk losing your opportunity to recover your losses from the liable party.
Click to contact our Atlanta Personal Injury Lawyers today
Understanding Atlanta Workers’ Compensation Benefits
Workers’ compensation benefits are designed to provide financial assistance and medical care to employees who suffer work-related injuries or illnesses. Navigating these benefits can be challenging, but understanding what you are entitled to receive can significantly affect your recovery and financial stability.
What Atlanta Workers’ Compensation Benefits Are You Entitled to Receive?
Workers’ compensation benefits can cover various expenses, including medical bills, rehabilitation costs, and a portion of lost wages. In Georgia, injured workers are typically entitled to receive two-thirds of their average weekly wage up to a specified time limit. These benefits help mitigate the financial impact of being unable to work due to an injury.
Medical Treatment for Atlanta Workers’ Compensation Injuries
The workers’ compensation system covers all necessary and reasonable medical expenses related to the injury. This includes doctor visits, hospital bills, prescription medications, and physical therapy. Employers must provide a list of approved physicians from whom you can seek treatment.
Atlanta Workers’ Compensation Disability Benefits
If your injury results in a temporary or permanent disability, you may be eligible for additional benefits. Temporary Total Disability (TTD) benefits are available if you cannot work during recovery. Permanent Partial Disability (PPD) benefits are provided if you suffer a long-term impairment but can still perform some work duties.
Wrongful Death Benefits
Suppose you lost a loved one to a fatal workplace accident, and you’re having trouble collecting death benefits. In that case, you may also benefit from the help of a workers’ compensation lawyer. Certain family members are eligible for a settlement from the deceased’s employer’s insurer.
Common Challenges in Atlanta Workers’ Compensation Claims
Workers’ compensation claims can be complex and fraught with challenges that may delay or even deny the benefits you deserve. Understanding these common obstacles can help you navigate the legal process more effectively and improve your chances of a successful insurance claim.
Denied Atlanta Workers’ Compensation Benefits Claims
One of the most frustrating challenges injured workers face is the denial of their workers’ compensation claims. Claims can be denied for various reasons, including insufficient evidence of work-related injury, missed deadlines, or incomplete documentation. Insurance companies might argue that the injury occurred outside work or resulted from a pre-existing condition.
To counteract these denials, gathering as much evidence as possible, including medical records, witness statements, and incident reports, is essential. Legal representation can also be crucial in building a strong case and appealing a denied claim.
Appealing a Denied Atlanta Workers’ Compensation Benefits Claim
If your claim is denied, you can appeal the decision. The appeals process can be lengthy and involve several steps, including mediation, a hearing before an administrative law judge, and potentially further appeals to higher courts. During this process, it’s important to have an experienced workers’ comp attorney who can present your case effectively, help gather necessary evidence, and represent you at hearings.
Delayed Workers’ Compensation Benefits Payments
Even when a comp claim is approved, delays in receiving benefits are expected. These delays can occur due to processing backlogs, administrative errors, or disputes over the extent of the injury and the corresponding benefits. Such delays can create significant financial stress, especially if you cannot work and have mounting medical bills. Regular follow-ups with the insurance company and seeking assistance from a legal professional could help avoid costly mistakes.
Medical Treatment Delays
Another common issue is delays in receiving authorized medical treatments. Insurance companies may require additional documentation or second opinions before approving treatments, which can delay necessary medical care and prolong recovery times. Ensuring all medical documentation is complete and promptly submitted can help mitigate these delays.
Employer Retaliation Is Illegal
Retaliation by employers against employees who file workers’ compensation claims is a significant concern. This can take various forms, including termination, demotion, reduced hours, or harassment. It is illegal for employers to retaliate against employees for filing a workers’ compensation claim.
If you experience retaliation, you can file a complaint with the Georgia State Board of Workers’ Compensation and potentially pursue additional legal action. A workers’ compensation attorney can help you understand your rights and take appropriate steps to protect them.
Proving retaliation can be challenging, as employers may claim other reasons for adverse actions. Detailed records of any negative actions taken against you following your claim can be crucial evidence. Additionally, witness statements from colleagues who observed the retaliation can support your case.
Disputes Over Workers’ Compensation Benefits
Disagreements over the amount and duration of benefits are common in workers’ compensation cases. Insurance companies may argue that your injury is not as severe as claimed or that you can return to work sooner than your doctor recommends. These disputes often require additional medical evaluations, leading to prolonged negotiations or hearings. Having a knowledgeable attorney can help ensure that your benefits are accurately calculated and that you receive the full amount to which you are entitled.
Calculating Workers’ Compensation Benefits
Workers’ compensation benefits are typically calculated based on two-thirds of your average weekly wage. Still, various factors can affect this calculation, including the severity of your injury and your ability to return to work in some capacity. Accurate calculation of benefits requires thorough documentation of your earnings and any changes in your medical condition.
By understanding and proactively addressing these common challenges, you can better navigate the workers’ compensation process and secure the benefits you need for your recovery and financial stability.
The Role of an Atlanta Workers’ Compensation Lawyer
Working with a knowledgeable workers’ compensation lawyer can make a significant difference in the outcome of your case. From filing your claim to navigating disputes, an attorney will protect your rights and ensure you receive the benefits you’re entitled to receive.
Filing and Managing Your Atlanta Workers’ Compensation Claim
The workers’ compensation claims process can be complicated, especially for those unfamiliar with the legal system. An experienced lawyer will:
- Ensure timely reporting: Filing your claim within the required timeframe is critical to its success. Your attorney will ensure that all deadlines are met and documentation is complete.
- Collect and organize medical evidence: Medical documentation is key to proving the extent of your injury. A lawyer will help gather records from your doctors, ensuring that your claim is fully supported.
- Handle communication with insurance companies: Your lawyer will communicate with the insurance company on your behalf, addressing any questions or disputes that arise during the claims process.
Appealing Denied Claims in Atlanta
If your claim is denied, your attorney can guide you through the appeals process, which involves requesting a hearing before the Georgia State Board of Workers’ Compensation. An experienced lawyer will:
- Prepare for your hearing: Your attorney will gather evidence, including medical records and expert testimony, to present a strong case at your hearing.
- Negotiate settlements: In some cases, disputes can be resolved through negotiation rather than going to court. Your lawyer will advocate for a fair settlement on your behalf.
By working with a skilled workers’ compensation lawyer, you can improve your chances of receiving the full benefits you need to recover.
Is Hiring an Atlanta Workers’ Compensation Lawyer Worth It?
If you’ve been hurt at work and are having difficulty with your compensation claim, getting a workers’ compensation attorney in Atlanta, GA, is worth getting. Some workers’ compensation claims are straightforward, but other workers’ compensation claims are just the opposite.
You owe it to yourself to protect your rights and understand what your life could look like after a work-related accident. Our firm offers decades of experience in this area and will guide you through the entire compensation process and advise you on your next steps.
Here are just a few of the situations that could come up during a workers’ compensation claim:
- Your employer may deny you coverage.
- You may be released from work before you are ready.
- There may be a dispute over whether you caused your injuries through misconduct.
- There may be a dispute over whether you performed job duties at the time of your injury.
When this is the case, and your workers’ compensation claim is more complex, it is best to hire a professional workers’ compensation lawyer to help you maximize your settlement.
Our Atlanta workers’ comp attorneys will file all paperwork and necessary forms promptly and handle the entire process. Our workers’ compensation law firm can appeal a denial of your benefits and fight to recover your full benefit amount.
How Are Workers’ Compensation Lawyers Paid?
Many workers’ compensation lawyers work on a contingency basis. This means our fee is based on whether we succeed at representing you and obtaining financial recovery, and we aren’t paid until the end of your case. According to O.C.G.A. § 34-9-108, 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. And our fees will come from your earnings, not your pocket. There are no financial risks. Reach out to us today to learn more about the value of your claim.
Common Questions Regarding Workers’ Compensation
The following are questions we commonly receive from workers injured while on the job. If you have additional questions, or you would like help with your workers’ compensation claim, please contact Bader Scot Injury Lawyers today. We can answer your questions and discuss your case during a free case consultation.
Who Qualifies for Workers’ Compensation in Georgia?
Workers in 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 a 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’ comp insurance when you are injured on the job. You can click here to learn more about the eligibility guidelines.
What Rights Do You Have Under Georgia Workers’ Compensation Laws?
In Georgia, workers have the right to medical benefits, the right to wage replacement, the right to see a company-approved workers’ compensation doctor in Atlanta, and the right to 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.
Your right to medical treatment includes the right to coverage for surgeries, physical therapy, medications, and follow-up appointments with a 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 want to know if you benefit from pre-existing conditions coverage, workers’ compensation could cover pre-existing conditions but only if your job or duties worsened or aggravated your condition, according to O.C.G.A. § 34-9-1. For instance, if you started a job with back pain, 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 be covered. In cases where you suffer from a catastrophic injury, you may be eligible for lifetime benefits.
Can Mistakes Compromise Your Atlanta Workers’ Compensation Claim?
Yes, errors can delay or derail a benefits claim for a workplace injury. Thousands of injured workers file compensation claims in Georgia yearly, but not all of them receive approval. You should be aware of your basic employee rights and common mistakes that could compromise your workers’ compensation claim in Atlanta.
These mistakes include the following:
- Missing doctor’s appointments
- Failing to follow medical advice
- Exaggerating job 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
Even when you no longer need to see your doctor as frequently, you must schedule and keep regular appointments to stay in touch. These actions will ensure your claim is not compromised by failing to seek regular medical care.
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 can seek damages for your injuries, regardless of whether you contributed to them. Under this system, your employer is also shielded from tort liability.
You forfeit your right to sue your employer in exchange for no-fault benefits. 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.
Can You Sue Your 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 lawsuit. 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 receive compensation through your company’s workers’ compensation insurance company for your injury, but you could also get help with recovery from your employer’s insurance for the harm they have caused. This action may require a lawyer’s help to differentiate the two processes and the paperwork to be filed with the Superior Court of Fulton County or the DeKalb County Superior Court versus Georgia’s Board for Workers’ Compensation.
Will Workers’ Compensation Offer You a Settlement?
Workers’ compensation may offer you a settlement, but remember that once you accept it, you can’t get any more benefits if you haven’t fully recovered. You could incur more bills if you haven’t reached maximum medical improvement (MMI).
It would be best if you had your Atlanta workers’ compensation lawyer review any offers of workers’ compensation settlement types before you accept one.
Is There Anything You Should Do After the Accident?
There are several things you can do at the accident scene that could help with your workers’ compensation claim, especially if it becomes necessary to file a third-party lawsuit.
You should record as much information as you can from the accident scene. Take pictures and videos. Record notes on what you remember. Collect any contact information. Then, inform your employer right away. Get the name of your company’s approved doctor for workers’ compensation and see them immediately.
Once you’ve seen the doctor, follow their orders completely and keep a journal of your recovery. Any information you gather could prove useful to our legal team.
Local Resources for Atlanta Workers’ Compensation Cases
If you’ve been injured on the job in Atlanta, several local resources can help you navigate your workers’ compensation case:
- Georgia State Board of Workers’ Compensation
270 Peachtree St, NW Atlanta, GA 30303 - Atlanta Medical Center
303 Parkway Dr, NE Atlanta, GA 30312 - Occupational Safety and Health Administration (OSHA) – Atlanta Office
61 Forsyth St, SW # 6T50, Atlanta, GA 30303
These resources can provide valuable support and guidance as you navigate your workers’ compensation claim in Atlanta.
Call Us About Your Atlanta Workers’ Compensation Claim – Free Consultation
At Bader Scott, help is just a phone call away. If you are seeking 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, look no further than our firm. We’ve got you covered; all you must do is focus on your recovery.
Let our Atlanta injury attorneys help you move forward after a workplace accident. We will do all we can to secure the compensation you’re entitled to receive and turn things around for you. Please don’t wait to reach out; the sooner we can begin working for you, the better.
Call or text (404) 888-8888 or complete a Free Case Evaluation form