Workplace injuries can disrupt nearly every part of a person’s life. The effects can be long-lasting, from time away from work to mounting medical bills and uncertainty about the future. In Georgia, the workers’ compensation system provides a path for employees injured on the job to recover benefits that support their recovery and financial stability.
Hasner Law represents injured workers throughout Kennesaw and the surrounding areas of Cobb County. Our law firm assists individuals harmed while performing their job duties—whether on a construction site, in an office, on the road, or in a warehouse. Legal representation includes guidance through the workers’ compensation claim process, enforcement of benefit rights, and preparation for disputes or hearings if the claim is contested.
If you or a family member suffered a work-related injury in Kennesaw, contact Hasner Law to schedule a free consultation with a Kennesaw workers’ compensation lawyer. There are no fees unless compensation is recovered.
Kennesaw Workers’ Compensation Guide
- Why Trust Hasner Law with Your Kennesaw Workers’ Compensation Claim?
- What Benefits Are Available in a Georgia Workers’ Compensation Case?
- Common Work-Related Injuries in Kennesaw
- Who Is Eligible to File a Workers’ Compensation Claim in Georgia?
- How to File a Workers’ Compensation Claim in Kennesaw
- What to Do If a Workers Compensation Claim Is Denied
- Time Limits for Workers Compensation Claims in Georgia
- Third-Party Liability in Kennesaw Workplace Injury Claims
- Schedule a Free Consultation With a Workers Compensation Lawyer in Kennesaw
Why Trust Hasner Law with Your Kennesaw Workers’ Compensation Claim?
Pursuing a workers’ compensation claim involves more than filling out forms. The process includes deadlines, authorized medical providers, income replacement criteria, and procedural requirements that can affect whether benefits are approved or denied. Injured workers may be left without income or care during recovery when a claim is denied or delayed.
Hasner Law provides legal support at every stage of the claim. We have helped injured workers throughout Georgia secure benefits for workplace injuries, occupational illnesses, and repetitive stress conditions. Each case is prepared with attention to the type of injury, employment status, and insurance coverage.
Workers compensation cases at Hasner Law are handled in-house. Clients are not referred out or managed by third-party networks. Every case is evaluated on individual merits, and attorneys do not recommend settlement unless it reflects the full extent of medical costs, lost income, and long-term limitations.
All workers’ compensation cases are accepted on a contingency fee basis. Clients do not pay legal fees unless the firm obtains compensation on their behalf. The firm also offers bilingual services and remains accessible to workers throughout the Kennesaw area.
What Benefits Are Available in a Georgia Workers’ Compensation Case?
Workers’ compensation is a no-fault insurance system that provides specific benefits to employees injured during the course of their employment. These benefits do not require the employee to prove negligence. Instead, the worker must show that the injury occurred during job duties and was not the result of excluded behavior, such as intentional misconduct.
Medical Care and Rehabilitation Support
Injured workers are entitled to medical care paid for by the employer’s insurance company. This includes emergency room visits, hospitalizations, physical therapy, follow-up treatment, surgeries, and prescription medications. Unless otherwise arranged, the employer must provide a list of authorized treating physicians, and treatment must be obtained through one of the approved providers.
Rehabilitation support may also be available. If the injury interferes with the worker’s ability to return to the same job, vocational rehabilitation services may help retrain the employee for another role.
Temporary and Permanent Disability Benefits
Income benefits may be available if an injury prevents an employee from returning to work for more than seven days. Georgia workers may qualify for the following.
- Temporary Total Disability (TTD). This benefit pays a portion of the average weekly wage for employees who cannot work during recovery until they can return to work or reach maximum medical improvement.
- Temporary Partial Disability (TPD). This benefit covers a portion of the wage difference for employees who can work at a reduced capacity but earn less than before the injury.
- Permanent Partial Disability (PPD). Employees who suffer a permanent injury but can still work in some form. The amount depends on the type of injury and the impairment rating a physician assigns.
Disability benefit amounts are subject to state maximums and are calculated based on the worker’s average weekly wage before the injury occurred.
Travel Reimbursement and Job Reassignment Services
Injured workers may also be reimbursed for travel costs associated with treatment, including mileage for trips to authorized medical appointments. In addition, services may assist with job placement if the injury prevents a return to the previous position.
Death Benefits for Dependents
When a workplace injury results in death, the employee’s dependents may be eligible for benefits. These include a percentage of the deceased worker’s wages and reimbursement for funeral costs. Qualifying dependents may include spouses, children, or others financially supported by the deceased.
Common Work-Related Injuries in Kennesaw
Injuries can occur in a wide variety of work environments. Whether from a one-time accident or cumulative physical stress, work-related harm can lead to long periods away from employment and long-term medical needs.
Construction and Equipment Injuries
Construction workers in Kennesaw are exposed to elevated work areas, heavy machinery, and high-risk environments. Falls, equipment accidents, and contact with hazardous materials can result in broken bones, crush injuries, or burns.
Repetitive Use Injuries and Cumulative Trauma
Workers in warehouses, offices, or manufacturing facilities may suffer from repetitive use injuries. Carpal tunnel syndrome, tendonitis, and lower back pain can develop gradually from repeated physical motions, even in roles not traditionally considered hazardous.
Vehicle and Transportation-Related Injuries
Drivers, delivery workers, and employees who travel for work may be injured in vehicle accidents while performing job duties. These claims often involve coordination between auto liability insurance and workers’ compensation carriers.
Occupational Illnesses
Prolonged exposure to harmful substances or environments can result in respiratory conditions, skin disorders, or toxic exposure claims. Workers in industries involving chemicals, dust, or infectious materials may develop occupational illnesses that qualify for compensation.
Who Is Eligible to File a Workers’ Compensation Claim in Georgia?
In Georgia, most employers with three or more workers are required to carry workers compensation insurance. This coverage applies to full-time, part-time, and seasonal employees. The key factor is whether an employment relationship exists under state law.
Workers who may qualify include.
- Employees injured during assigned job duties
- Individuals hurt on the employer’s premises or while performing work-related tasks
- Workers who suffer illnesses, diseases, or injuries due to prolonged exposure or physical stress
Certain categories of workers, such as independent contractors, domestic workers, or agricultural employees, may not be covered. However, the legal definition of employment can vary depending on control over job duties, schedule, and supervision.
How to File a Workers’ Compensation Claim in Kennesaw
Georgia’s workers’ compensation claim process begins with the injured worker taking prompt action to report the incident and seek medical care. Delayed or incorrectly filed claims may be denied, so it is important to follow the proper steps under state law.
Report the Injury and Seek Authorized Medical Treatment
Employees must notify their employer of a work-related injury within 30 days of the incident. This notification should be made as soon as possible and preferably in writing. Failure to report the injury within this timeframe can result in a loss of benefits.
After reporting the injury, the employer should provide access to an approved list of medical providers. These are physicians authorized by the employer’s workers compensation insurance carrier. Treatment must begin with one of the listed providers unless the employer participates in a certified managed care organization. Medical records from these visits document the injury and recovery process.
Submit the Required Form to the State Board
The injured worker must also file a formal claim with the State Board of Workers’ Compensation. This is done by submitting Form WC-14, which identifies the employer, insurance carrier, nature of the injury, and requested benefits. A copy of this form must be sent to the employer and insurer.
This filing should occur within one year of the last authorized medical treatment or one year of the accident if no treatment has been provided. Submitting this form formally initiates the claim process and protects the worker’s legal right to pursue benefits.
What to Expect After the Claim Is Filed
Once a claim has been submitted, the insurance company has 21 days to investigate and determine whether to accept or deny it. If approved, the worker should begin receiving medical benefits and wage replacement within a short period. If the claim is denied, the employee can request a hearing before an administrative law judge.
The decision to deny benefits may be based on insufficient documentation, missed reporting deadlines, or disputes about the cause of the injury. Legal representation can assist in assembling the necessary evidence and responding to any challenges raised by the insurer.
What to Do If a Workers Compensation Claim Is Denied
A benefit denial does not end the process. Workers who receive a denial have the right to challenge the decision and request a formal review by the State Board.
Common Reasons for Claim Denials
Insurers may deny claims for a variety of reasons, including:
- Missed deadlines or late injury reporting
- Disagreements over whether the injury occurred during employment
- Allegations that the injury resulted from misconduct
- Lack of documentation or failure to use an approved provider
These reasons can be reviewed and contested with supporting evidence and legal argument.
Requesting a Hearing Before the State Board
If benefits are denied, the injured worker can request a hearing by submitting Form WC-14 and selecting the option for a hearing. The case will be assigned to an administrative law judge, who will schedule a hearing and review evidence from both sides. This may include medical records, testimony, and wage statements.
The judge will issue a written decision based on the evidence presented. If the decision is unfavorable, the worker may have the right to appeal through the appellate division of the Board and, in limited cases, through Georgia’s court system.
Mediation and Settlement Options
Mediation may sometimes be used to resolve disputes without proceeding to a full hearing. This process involves a neutral third party facilitating discussions between the injured worker and the insurance carrier. If both sides agree, a settlement may be reached, providing financial compensation for past and future medical care and income loss.
Legal representation can help assess whether a proposed settlement is appropriate based on the injury’s long-term effects, future treatment needs, and other loss factors.
Time Limits for Workers Compensation Claims in Georgia
Georgia law imposes strict deadlines on workers’ compensation claims. These deadlines are known as statutes of limitation and are enforced by the courts and the State Board.
Filing Deadlines Under O.C.G.A. § 34-9-82
Most workers’ compensation claims must be filed within one year of the date of injury. If the employer or insurer has provided authorized medical treatment, the worker has one year from the date of that last treatment to file a claim.
This rule also applies to income benefits. If the injured worker has received wage replacement, a claim must be filed within two years from the last payment date.
Exceptions for Special Circumstances
In limited cases, exceptions may apply. These include.
- Minors. Timeframes may be extended when the injured worker is under 18.
- Mental or physical incapacity. Workers unable to manage their legal affairs due to injury may be granted additional time.
- Fraud or misrepresentation. The limitation period may be tolled if the employer intentionally misleads workers about their rights or coverage.
Even in these cases, the injured worker must assert the right to an exception. Legal counsel can assist in determining whether an extension applies and what documentation is required.
Third-Party Liability in Kennesaw Workplace Injury Claims
While workmans comp provides benefits without regard to fault, it also limits the ability to sue an employer directly. However, injured workers may have additional claims if a third party contributed to the accident.
When Non-Employers May Be Liable
A third-party claim may be appropriate when a party other than the employer caused or contributed to the injury. Examples include.
- A property owner who failed to maintain a safe job site
- A subcontractor who created a hazardous condition
- A manufacturer whose equipment malfunctioned and caused harm
In these cases, the injured worker may be able to pursue a personal injury claim in addition to the workers compensation claim.
Pursuing Multiple Claims Without Duplication
It is possible to recover through both systems, but the law prevents duplicate compensation for the same losses. If a worker receives compensation from a third party, the workers’ compensation insurer may be entitled to reimbursement for already-paid benefits.
Legal coordination between the claims is required to ensure the injured worker receives all available compensation while complying with applicable reimbursement rules.
Schedule a Free Consultation With a Workers Compensation Lawyer in Kennesaw
If you were injured while performing job duties in Kennesaw, Georgia, Hasner Law can evaluate your eligibility for benefits and assist with every step of the process. The firm handles all work injury claims, including disputed liability, denied benefits, and long-term impairment.
The legal team at Hasner Law provides clear timelines, consistent communication, and representation to secure the benefits owed under Georgia law. Consultations are free, and there are no fees unless compensation is obtained.
For a consultation with a skilled Kennesaw workers’ compensation attorney, call Hasner Law or submit an inquiry through the online contact form. Assistance is available in English and Spanish.
