Every year, injured workers file millions of workers’ compensation claims in an attempt to receive compensation for lost wages and medical expenses. However, not every victim gets the compensation they deserve. Employers and workers’ compensation insurance companies often attempt to escape the responsibility of fulfilling the workers’ compensation benefits they agreed to by finding loopholes and clauses that leave the victim at a loss.
What Is Worker’s Compensation?
Workers’ compensation, or workers’ comp, is a form of insurance that compensates for a loss of income and provides additional medical benefits to employees that were injured on the job. Employers provide this insurance in exchange for the relinquishment of the employee’s right to sue their employer for negligence. Workers’ compensation is meant to protect your physical and financial well-being – but employers don’t always cooperate.
If you were injured while at work, workers’ compensation should cover medical bills and lost wages. However, the reality may not be that simple, and your employer may be standing in the way of you receiving the compensation you are entitled to. In this case, you should seek help from a workers’ compensation attorney.
How a Workers’ Compensation Attorney Can Help
You don’t have to fight alone to get the compensation you need. With an Atlanta workers’ compensation lawyer working on your behalf, we’ll help you secure the money you are owed for your workplace injury, even if you’ve been denied a claim.
A workers’ compensation attorney helps employees settle their workers’ compensation claim if an employer denies assistance or if an insurance adjuster fails to reach a favorable decision. The goal of a workers’ compensation lawyer is to represent the claimant and help them obtain the medical benefits and financial compensation they deserve.
If you feel you may have legal grounds to pursue a claim, contact our work injury lawyers for a free consultation. Our workers’ comp lawyers are on-call 24/7 to serve you.
Our workers’ compensation attorneys represent workers across a variety of industries, including:
- Emergency services
- Law enforcement
- Service and hospitality
What Qualifies Workers’ Compensation Workplace Injuries
Because there are so many different ways to have a workplace accident, there are many types of personal injury claims that can qualify an employee to receive workers’ compensation benefits. A workers’ compensation attorney can offer insight as to whether your workplace accident qualifies you for workers’ comp benefits. If you were hurt on the job, you should contact our Atlanta work injury attorneys for a free consultation.
The following are examples of work-related injuries that may qualify you for a workers’ compensation settlement:
- A physical injury that was caused by a one-time incident, including broken bones, burns, head injuries, lacerations, or torn ligaments.
- A repetitive stress injury (RSI) that was caused by long-term, work-related degradation, such as hearing loss, back damage, or carpal tunnel syndrome. These claims are more difficult to support.
- Psychological trauma, or PTSD, caused by a workplace injury.
There are other types of claims that may make you eligible for Georgia workers’ compensation – but employers and insurers will need proof that you qualify for benefits. If you have already been denied workers’ compensation claims or aren’t sure whether your injury qualifies for a settlement, contact our Atlanta workers’ compensation lawyers for a free consultation.
Georgia Workers’ Compensation Law
Under Georgia law, most employers with three or more employees, including part-time workers, are required to pay into workers’ compensation insurance. While this may seem straightforward, there are exceptions that can make filing a workers’ compensation claim complex – and may even get your coverage denied.
If you are hurt on the job in a workplace accident, it’s time to seek help from an experienced Atlanta workers’ compensation attorney. Even if you are unsure if you have grounds for a case, or if you have been denied a workers’ compensation claim, you may still be entitled to claim workers comp benefits and recover compensation. Contact a workers’ compensation lawyer to see if you have grounds to file a workers’ compensation claim.
Criteria that determine whether you have a workers’ compensation claim and may need an Atlanta workers’ compensation lawyer include:
- Your injuries require surgery and will incur medical bills or time off from work.
- Your injuries will prevent you from returning to work, either immediately or perhaps ever.
- You had significant disabilities before the incident.
- You need to dispute a workers’ compensation decision made by your employer.
- You have been refused medical treatment for the condition resulting from your injury.
- Your employer has disputed a decision made by your state’s workers’ compensation department.
Workers’ Compensation Death Benefits
If you lost your spouse or parent while they were on the job, workers’ compensation insurance does provide benefits, including:
- Funeral and burial costs up to $7,500;
- Up to $675 per week in lost income for 400 weeks or until surviving children are at least 18;
- Medical expenses accrued during the injury, prior to death;
PTSD Workers’ Compensation Benefits
In certain instances, when a worker develops post-traumatic stress disorder, or PTSD, as well as a physical injury while working, they are eligible for workers’ compensation. Under Georgia workers’ compensation law, injured workers can only collect PTSD workers’ comp benefits for a psychological injury if a physical injury occurs at the same time. An example is a firefighter who falls off a ladder, injures their back, and suffers from psychological trauma after the event. They may be eligible to receive worker’s compensation benefits in Georgia.
Employee Responsibilities After a Workplace Injury
Workplace accidents can happen if the employee was acting negligibly, or if the employer did not provide safe working conditions. Injured workers must be able to prove that they were acting appropriately at the time of the incident in order to qualify for workers’ comp benefits.
If you were hurt on the job, injured employees must fulfill the following responsibilities in order to support their workers’ compensation claims and obtain compensation or medical and disability benefits:
- Report any work accident or work-related injury to your supervisor immediately.
- If your work injury requires immediate medical treatment, obtain care first, and then notify your supervisor of the workplace accident.
- Abiding by written safety policies and procedures at the time of the accident.
- Prove that the personal injury was not caused by your intentional misconduct.
- Accept reasonable medical care, physical therapy, and any ongoing rehabilitation when ordered to do so by the State Board of Workers’ Compensation.
- Notify your employer if you move to a new location and when you are able to return to full or part-time employment. Also, make sure to report your weekly earnings.
- Accept and attempt a job that has been approved by an authorized physician, even if that job pays less than the previous job.
- File a claim within a year after the last authorized treatment or within two years of your last benefit payment if you believe you are still entitled to workers’ compensation benefits.
- File workers’ comp claims within a year of a loved one’s fatal workplace accident.
- Submit reimbursement requests for travel or other medical expenses within one year of the date you incurred the expense.
- Submit to a drug test.
Choose Trusted Workers’ Compensation Attorneys in Atlanta, GA
If you have been wrongfully denied workers’ comp benefits or believe you should be receiving a higher amount, the workers’ compensation lawyers at the Fitzpatrick Firm, LLC can assist you with your claim. We go above and beyond when we represent injured workers who are experiencing financial distress due to lost wages, are facing long-term disability, or are unable to return to their job. An experienced workers’ compensation attorney will investigate your case, dig into your medical reports, and hold your employer accountable for their refusal to give you the benefits you are entitled to.
We offer free consultations with a workers’ compensation attorney to help you understand whether or not you have legitimate grounds for a claim. We work based on a contingency fee. Because we work on a contingency fee, meaning we only charge a fee when you are awarded benefits, you can feel confident that you can afford to get the legal representation you need for your claim.
Schedule a Free Consultation with a Workers' Compensation Attorney
If you were injured in an accident at work, and you aren’t receiving the compensation you are owed, we can help. Schedule a free consultation today with The Fitzpatrick Firm, LLC so we can answer any personal injury questions you may have, or discuss your workers' comp case.