Are you suffering from a work-related injury or illness in Atlanta, Georgia? If so, the Atlanta workers’ compensation lawyers at Hasner Law can help you get the full amount of compensation you’re due for your medical bills and lost wages.
Hasner Law is a leader in the fight for workers’ rights. Our top-rated trial attorneys have more than 80 years of combined legal experience. We’re committed to getting each and every client every dollar they deserve. We’ve already recovered millions of dollars in life-changing settlements and verdicts for injured workers like you. Having a law firm on your side ensures that your rights are protected and that you can navigate the intricate workers’ compensation system effectively.
Contact an experienced workers’ compensation attorney today for a free consultation or call us at (678) 335-6693 if you were injured on the job. There’s no risk to you.
How Our Atlanta Workers’ Compensation Attorneys Can Help You With Your Claim
If you’re injured at work, you might think that all you have to do is report the accident to your employer to get your workers’ compensation benefits. He might have even told you that you don’t need a lawyer.
But the system is designed to benefit employers and insurance companies, not injured workers. When you file a claim, you have to follow rigid procedures and meet strict deadlines. Your employers’ insurance carrier will put obstacles between you and the justice you deserve. Simple mistakes could cost you valuable compensation; that’s why you need professional legal advice and representation. Having a law firm on your side can help protect your rights, pursue maximum compensation, and navigate the intricate workers’ compensation system.
Hiring the best attorney can make a significant difference in your case.
The Atlanta workers’ compensation lawyers at Hasner Law will:
- Investigate your accident
- Monitor the progress of your workers’ comp claims and challenge any claims which are denied
- If necessary, hire experts to make sure your needs are accurately documented
- Handle all communications and negotiations with the insurance companies
- Advocate for you before the State Board of Workers’ Compensation if your claim is denied
- File a personal injury lawsuit if there is a third party liable & get started on your case
At Hasner Law, our workers’ compensation attorneys have more than 80 years of professional experience handling complex workers’ compensation claims in Atlanta, GA with great results. Our law firm knows Georgia workers’ compensation laws inside and out. We know what steps need to be taken to not only secure benefits on your behalf but to get you what you should be paid under the law.
How Much Is My Atlanta Workers’ Compensation Claim Worth?
You’re entitled to compensation for all of your bills as well as a portion of your lost wages – the exact amount depends on whether and when you can return to work.
The value of these items will vary in each case, depending on:
- The severity of your work injury
- Whether you can return to the same job in the same capacity
- How long your recovery will take
- Whether your workplace accident was the result of your violation of safety
When bills are piling up, you will face a long recovery, and you need a team you can trust to give you the personal attention you deserve and one that knows Georgia workers’ compensation law inside and out.
Our founding attorney is committed to ensuring workers receive fair treatment throughout the workers’ compensation process. He’s so passionate about workers’ rights that he co-founded the Georgia Injured Workers’ Advocates, a group dedicated to protecting injured workers throughout the state. We’ll fight hard to maximize your award.
Common Types of Injuries Suffered in Workers’ Compensation Claims
These types of claims encompass a wide range of injuries, reflecting the varied dangers present in different work environments. Understanding the types of injuries can help employees and employers alike take preventive measures and respond appropriately when incidents occur.
The following are several prevalent injuries reported in workers’ compensation claims.
Repetitive Strain Injuries (RSIs)
RSIs occur due to overuse of a particular part of the body, often from repetitive tasks or poor ergonomics at work.
Common examples include the following:
- Carpal tunnel syndrome
- Tendonitis
- Bursitis
These injuries are frequent among office workers, assembly line workers, and others performing repetitive motions.
Slips, Trips, and Falls
These accidents can happen in any workplace, causing injuries from minor aches and bruises to severe fractures, lacerations, or head injuries. Factors contributing to these incidents include wet floors, uneven surfaces, cluttered workspaces, and inadequate lighting.
Back and Neck Injuries
Types of back and neck injuries, including sprains, strains, and herniated discs, are common in jobs requiring heavy lifting, bending, or prolonged periods of sitting or standing. These injuries can result from a single incident or develop over time.
Burns
Burn injuries can occur in workplaces dealing with hot materials, chemicals, electrical equipment, or fires. Severity can vary widely, from minor superficial burns to severe injuries requiring extensive medical treatment.
Crush Injuries
Falls, being struck by heavy machinery or vehicles, and accidents involving tools can lead to fractures and broken bones. Construction sites, warehouses, and manufacturing plants are particularly high-risk environments.
Puncture Wounds, Cuts, and Lacerations
Sharp objects, machinery, and tools in the workplace can cause cuts and lacerations. While some may be minor, others can be deep, posing risks of infection or requiring surgical intervention.
Head Injuries
Concussions, traumatic brain injuries (TBIs), and other head injuries can have profound short-term and long-term effects. These injuries often result from falls, being struck by objects, or vehicle-related accidents at work.
Hearing Loss
Prolonged exposure to loud sounds without proper hearing protection may lead to temporary or permanent hearing loss. Industries such as manufacturing, construction, and aviation are particularly prone to this type of injury.
Occupational Diseases and Conditions
These are conditions developed over time due to exposure to harmful substances or unhealthy work conditions, including asbestosis, mesothelioma, and various forms of occupational cancer.
Workers exposed to dust, fumes, chemicals, or biological agents may develop respiratory conditions ranging from chronic bronchitis and asthma to more severe diseases like pneumoconiosis or lung cancer.
Awareness and understanding of these common injuries can lead to better prevention strategies, safer work practices, and improved outcomes for injured workers through timely and appropriate workers’ compensation claims.
These workplace accidents commonly occur in these fields:
- Construction
- Transportation
- Warehousing
- Manufacturing
- Mining
- Health care
- Social assistance
- Food processing
Causes of workplace accidents commonly include:
- Car accidents
- Explosions
- Excavation accidents
- Slip-and-fall accidents
- Fall from heights
- Defective machinery
- Struck by an object or falling debris
- Building collapse
- Overexertion
- Electrocutions
- Exposure to toxins
Working on some jobs certainly carries more risks. Whether you slipped and fell in the office or fell from scaffolding in a construction accident, our Atlanta workers’ compensation attorneys can help.
How Much Does it Cost to Hire a Workers’ Compensation Lawyer in Atlanta?
Many workers’ compensation attorneys work on a contingency basis. This means the attorneys will get a percentage of the money they recover for you. This prevents you from having to give money up front, and you don’t pay anything if they don’t win your case.
The state of Georgia limits the percentage of the fee that can be paid to your attorney in workers’ compensation cases. The fee is capped at 25% of the weekly income benefits. You’ll always get 100% of your medical bills. We can help you file a claim to cover all of the medical treatment that you need. And we’ll fight hard against unfair denials.
Do I Qualify for Workers’ Compensation Benefits under Georgia Law?
Under Georgia workers’ compensation law, most employers with three or more regular workers must carry workers’ compensation insurance.
Full-time, part-time, and seasonal employees qualify for these insurance benefits if they suffer a work injury while performing work-related responsibilities.
Traveling employees also tend to qualify for benefits, while independent contractors generally do not. Employees for federal government agencies, farm laborers, domestic servants, and railroad carriers are also not eligible for workers’ comp in the state of Georgia.
Can I Sue My Employer if They Have Workers’ Compensation Insurance?
In Georgia, workers’ compensation laws are made to provide swift financial support for injured employees. It’s also designed to protect employers from lawsuits. If your employer has workers’ comp insurance, you’ll waive your right to sue them for injury-related damages. You’ll be required to go through the workers’ compensation system instead.
There are limited exceptions to this rule. You may have a legitimate case if they failed to purchase a workers’ comp insurance policy, denied your claim without justification, or weren’t required to have it.
Do I Qualify for Workers’ Compensation if I Don’t Get Hurt at Work?
You don’t have to get hurt on your employer’s premises to qualify. You can also successfully secure workers’ comp benefits if you get hurt while performing a job-related task or responsibility.
For example, let’s say you were driving a work van to transport materials to a job site when you got into a car accident. You’d qualify for workers’ comp since you were asked to complete a task within the scope of your employment that put your life at risk.
Can I Sue a Third Party for Additional Money?
Workplace accidents occur for all kinds of reasons. If a party other than your employer contributed to your accident, you might be able to file a third-party lawsuit with the help of an Atlanta personal injury attorney to recover compensation.
If you file a personal injury lawsuit, you’ll be able to seek compensation for pain and suffering, which workers’ compensation doesn’t cover. And, the amount you can receive for expenses in a lawsuit is typically much higher than you’d get from workers’ compensation benefits.
You can sometimes recover benefits for workers’ compensation and additional damages in a third-party lawsuit.
Can I Sue My Employer for Denying My Workers’ Compensation Claim?
Generally, no. While you’re usually entitled to workers’ compensation benefits after an injury, there are some valid reasons why your claim may be denied.
For example, if you fail to report your accident within 30 days, you are no longer entitled to anything. You’re also not entitled to any benefit for injuries sustained while doing something outside the scope of your employment.
But workers’ comp claims are often denied for other reasons that may not be valid. And you do have options if your employer denies your workers’ comp benefits. You can file a claim and request a hearing before the State Board of Workers’ Compensation.
At the hearing, you’ll have the chance to tell the Administrative Law Judge why you’re entitled to benefits. Your insurance company will also be at the hearing to tell the judge its reasons for the denial. The judge will weigh the evidence regarding your claim.
The State Board can also investigate any claims that your employer denied your claim in bad faith. If you think this happened to you, speak to an experienced workers’ compensation lawyer for advice on how to proceed.
What Are My Rights Under Georgia Workers’ Compensation Law?
As an employee, you have nine specific rights. They’re actually called the Bill of Rights for the Injured Worker. These include:
- Right to medical and income benefits.
- Right to choose one of the employer-provided list of six doctors.
- You may make one switch to another option without your employer’s permission.
- In an emergency, you can get help from any doctor. Once the emergency is over, you must see one from the list.
- Payment of authorized expenses related to your injury caused while you were working. Covered expenses include:
- Doctor bills
- Hospital bills
- Rehabilitation (in some cases)
- Physical therapy
- Medication
- Medically necessary travel expenses
- Weekly lost time benefits if you missed more than seven days of work. Your first check should be mailed within 21 days after your first missed day of work.
- If you sustain a catastrophic injury, you’re entitled to two-thirds of your average weekly wage until you can return to work (up to what’s set by law).
- If you receive a non-catastrophic injury, you’re entitled to two-thirds of your average weekly wage (up to what’s set by law) for up to 400 weeks.
- If you can return to work at a lower-paying job, you’re entitled to two-thirds of your average weekly wage (up to what’s set by law) for up to 350 weeks.
- If you’re killed in a fatal work accident, your dependents will be paid burial expenses up to $7,500 and also two-thirds of your average weekly wage (up to what’s set by law).
- If you don’t receive your benefits on time, your employer’s insurance company pays a penalty. The penalty is added to your benefits.
Hiring a qualified workers’ compensation lawyer can help you get justice and secure your financial award. Get started with your case evaluation and answer all your frequently asked questions about Georgia’s law.
Can I Still Recover Compensation if I’m Being Blamed for an Accident at Work?
In most cases, yes. Workers’ compensation is a no-fault system. That means you will be eligible even if you caused the accident.
However, there are some exceptions.
If you were using drugs or alcohol during the accident, your claim could be denied. Or, if your conduct was intentional or malicious, you could risk your right to benefits.
How Much Time Do Injured Workers Have to File a Workers’ Compensation Claim?
Injured employees should report the workplace accident immediately. You must do it within 30 days, or you could forfeit your rights.
If a third-party is responsible, you’ll have just two years to file a personal injury or wrongful death lawsuit.
Our experienced team of Atlanta workers’ compensation lawyers are well-equipped to thoroughly evaluate the circumstances of your accident and take action quickly to make sure you don’t miss important deadlines that could compromise your case.
What Mistakes Could Compromise My Workers’ Compensation Case?
Even though you’re entitled to certain benefits, you must follow the rules to obtain any.
Making these mistakes frequently could cause your claim to be denied:
- Failure to report your workplace accident on time. You shouldn’t wait longer than 30 days, or your claim will likely be denied for missing the deadline.
- Failure to choose an approved medical provider. Unless you need emergency care, you must select a doctor from your employer’s options on their Panel of Physicians.
- Failure to follow medical advice or instructions. This also applies to attempting a job authorized by the testing physician. If you fail to attempt the work you can perform, you risk having your benefits suspended.
- Refusing to submit to a drug or alcohol test. If you’re asked to take a test for intoxicants after your accident and you refuse, it will be assumed that your injury was caused by your use of alcohol or drugs. If you can’t prove otherwise, your benefits will likely be denied.
- Presenting any false information on your claim. This will not just get your benefits denied, but it could land you in jail and leave you owing hefty fines. This certainly doesn’t mean you’ll get thrown in jail for an honest mistake, but if your claim is misleading or contains inaccurate or incomplete information because you don’t understand something about the forms or the workers’ compensation claims process, your benefits could be in jeopardy.
When you are out of work because of an injury, you have enough to worry about. Don’t risk the benefits you’re entitled to. Consulting a reputable Atlanta workers’ compensation lawyer early in the process can help you be successful with your case.
Steps to Take After a Work-Related Injury
If you experience a work-related injury, taking the right steps immediately afterward is crucial for your health, safety, and the success of any workers’ compensation case you may need to file. Here’s a step-by-step guide on what to do following a workplace injury:
1. Seek Immediate Medical Attention
Your health is the top priority. Seek medical treatment as soon as possible, even if the work injury seems minor. Certain injuries may not present symptoms immediately but may have serious long-term effects. Inform the medical professional that your injuries or illness is work-related. However, make sure that you visit a physician who’s pre-approved. The insurer may decline to pay your medical bills if you visit an unauthorized medical provider. This doesn’t apply if you need emergency medical attention after you get hurt at work.
2. Report the Injury to Your Employer
You must report the injury or illness to your supervisor or employer as soon as possible but no later than one month after you get hurt. Missing this deadline can cost you the right to collect workers’ compensation.
3. Document Everything
Keep detailed records of the incident, including:
- How, when, and where the injury occurred.
- Names and contact information of any witnesses.
- All medical treatments, diagnoses, and recommendations.
- Any correspondence related to the injury with your employer or insurance company.
- Documentation is key to supporting your atlanta workers’ compensation case.
Your workers’ compensation lawyer may also initiate a comprehensive investigation into the incident on your behalf.
4. File a Workers’ Compensation Claim
Complete a workers’ compensation claim form from your employer and submit it according to the instructions provided, ensuring you meet any state-mandated deadlines. This step officially starts the process for your workers’ compensation benefits.
To formally request benefits, you’ll have to:
- Complete Form WC-14, and
- Send copies to the State Board of Workers’ Compensation, your employer, and your insurance company.
You’ll have, at most, one year from the date of your injury to file this form. Once you’ve submitted your compensation claim, your insurance company will review your request for benefits. If it is approved, you’ll begin receiving the benefits you’re eligible for.
If your workers’ compensation claim is denied, you can appeal that decision and fight to get justice.
5. Follow Medical Advice
Follow through with prescribed treatments and attend all follow-up appointments. Non-compliance with medical advice can affect the outcome of your claim and your recovery.
6. Keep Communication Lines Open
Stay in communication with your employer and their workers’ compensation insurance carrier regarding your recovery progress and any updates to your work status as advised by your healthcare provider.
7. Consult With a Workers’ Compensation Attorney
Consider consulting with a law firm who has focused knowledge of the workers’ compensation process to protect your rights, especially if your claim is denied, your employer disputes the claim, or your injury is severe.
8. Prepare for Return to Work
Work with your healthcare provider to understand any limitations you might have upon returning to work. If necessary, discuss accommodations with your employer to facilitate a safe and productive return to work.
9. Attend All Necessary Workers’ Compensation Hearings
If your claim or a specific medical procedure is disputed, you may need to attend hearings before a workers’ compensation board or judge. Be prepared to present evidence supporting your claim, including medical records and witness statements.
10. Understand Your Rights and Benefits
Familiarize yourself with your rights under the workers’ compensation laws in Georgia, including benefits for medical care, wage replacement, and any potential disability insurance settlements.
By following these steps, you can navigate the aftermath of a work-related injury more smoothly and ensure you get the appropriate medical care and compensation benefits.
Contact Our Atlanta Workers’ Compensation Attorneys Today for a Free Consultation
If you’ve been hurt at work, don’t rely on insurance companies to give you full compensation. Our Atlanta workers’ compensation attorneys are known for their outstanding track record of results and success in advocating for workers’ rights.
We Handle All Workers’ Compensation Claims
When your livelihood is at stake, don’t settle for less than you deserve. Let Hasner Law help you win. Call today at (678) 928-8784 or fill out a contact form for a no-risk, completely free consultation to answer your frequently asked questions.
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