Workers' Compensation Attorney In Johns Creek, GA
Were you hurt on-the-job? Did you get denied workers' comp benefits?
Our work injury lawyers in Johns Creek, Georgia can help you obtain the benefits you deserve. State laws mandate that injured employees are entitled to benefits after suffering an injury. Our Georgia Injury Attorneys know the laws and have experience handling workers' comp claims.
Don't wait to file a claim. There are certain statutes set in place that administers time restraints for filing a work injury claim.
Although it varies depending on the circumstances of your injury, in general, the length of time is one year within the state of Georgia.
Contact us today, we handle each job-related case, we can help you get the financial support you deserve.
Click below to speak with one of our work injury specialists 
What are the Qualifications for Job-Related Injury Coverage?
- The person or company you were working for must carry workers’ compensation insurance or be legally required to do so.
- You must be an employee of that person or company; however, it is not a requirement to be a full-time employee, just as long as you are a regular employee.
- Your injury or illness must be work-related.
To receive benefits, you don’t have to prove that your employer or your co-workers did anything wrong to cause your injury. Even if you were negligent, and your negligence caused your injury, you are still owed workers’ compensation benefits.
What type of on-the-job injuries are covered?
- Aggravation of pre-existing conditions
- Injuries sustained on company property or at a company-sponsored function
- Injuries caused by company owned assets, like mechanical equipment
- More serious injury cases include diseases caused by exposures to hazards, such as benzene, asbestos or silica dust; rashes brought on by exposure to cleaning chemicals or gasoline.
What on-the-job injuries are not covered?
- Injuries resulting from horseplay at work
- Injuries sustained while drunk or in an impaired state
- Employees injured while traveling to and from work, (only a few states provide coverage) unless the transportation is provided by the employer.
Understanding your Workers' Compensation Benefits
If you get injured on the job, it's important that you know your state's workers' compensation system. Workers Compensation is an insurance policy (required by state law) allocated by the workers’ compensation boards of individual states. Additionally, there is federal workers’ compensation insurance for federal employees that is administered by the federal government.
The purpose of workers' compensation insurance is to provide injured employees compensation for lost work and medical bills, after suffering an injury or occupational illness while at work.
The types of injuries covered by workers' compensation include physical injuries, illnesses, and some psychological, or stress-related injuries.
Workers may qualify for benefits regardless who is at fault, meaning even if the worker caused his or her injury they can still be awarded compensation. However, in exchange, workers give up their rights to initiate a civil lawsuit against an employer.
To receive benefits, you don’t have to prove that your employer or your co-workers did anything wrong to cause your injury. Even if you were negligent, and your negligence caused your injury, you are still owed workers’ compensation benefits.
What is the "Statue of Limitations" For Filing a Work Injury Claim?
Unless you are 100% confident that your supervisor or employer witnessed your accident, you must advise one of them about your accident within (30) days.
If you wait longer than (30) days, you must put your accident in writing and then there must be a good reason for the delay.
This notice provision is a legal time deadline or "Statue of Limitations." Nonfulfillment of legal actions with a legal or contractual time period may result in losing various rights and benefits. You must abide by the notice provisions unless your employer was aware of your accident.
In the state of Georgia, notice of Claim, must be filed with the Workers' Compensation Board either:
- One year from the date of injury; or
- One year from the date of the last authorized treatment paid for by your employer or its insurer; or
- Two years from the last payment of Workers' Compensation income benefits.
Filing A Claim After A Job-Related Injury In Georgia
- Seek Medical Treatment- After being hurt at work, it's important to take the appropriate steps when seeking medical care. Receiving the right medical treatment is not only necessary for your health and recovery, but also for maximizing your workers' compensation benefits and making sure you are adequately compensated for your injuries. Be sure not to delay treatment or wait to be seen by a physician. The sooner you are medically cared for the sooner you will heal from your injuries. Furthermore, the closer in time to your accident that you receive treatment, the less room it gives your employer (or its insurance company) to argue that your injuries are not work-related. Keep in mind, if your injury is a non-emergency situation you may be required to pursue medical help from a doctor chosen by your employer, or in certain states the laws permit the employee to chose a doctor of their preference.
- Report your injury to your employer- You are required to report a work-related injury to your employer 30-60 days after the accident . If you fail to do so, you could risk gaining benefits and may lose your rights to file a claim. Note, each state has it's own limits on the number of days you have to notify your employer, it ranges from a few days to two years. Typically, your employer will have a claim form for you to fill out after the incident is reported. It then becomes your employer's responsibility to submit the paper work to the appropriate insurance carrier. Again, depending on the state law, you-rather than the employer-may need to file a separate claim with your state's workers' compensation insurance agency. For the state of Georgia you have one year to do so.
- Document the accident- If possible keep a detailed record of the accident details, time, place, and if possible even take pictures. The more evidence you have pertaining to your injuries the harder it will become for an employer or insurance company to deny your claim.
- Talk to any witnesses- Try to obtain a statement from any co-workers that saw the accident take place. The more eyes on your side the more reliable your claim becomes.
- Hire a personal injury attorney- Due to the complexities of workers' compensation and state laws its always wise to seek legal advice and guidance. In addition to making sure you file all the necessary forms and meet all the deadlines-your attorney will understand how to develop medical evidence that documents the severity of your condition. Having a professional legal advocate ensures your claim will reach a fair settlement while the "worth of your case" won't be underestimated by friends, family, and co-workers.
Benefits your Johns Creek Work-Injury Lawyer Can Help Your With
-
Medical Care-Your medical bills will be paid for to help you recover from your work-related injuries; however, your choice of doctors may be limited.
-
Temporary disability benefits-If your work-related injury prevents you from doing your job normally and, as a result, you lose wages, you could receive temporary disability benefits. This option is usually only available after you've missed several days of work.
-
Permanent disability benefits- If you aren't able to fully recover form your injuries, you may receive permanent disability benefits based on the nature and extent of your impairment or injury.
-
Death Benefits- In the unfortunate event that you die from a work-related injury or illness, your spouse or children may receive death benefits.
Some on the job injuries may not be considered under workers compensation law or workers compensation law may not be enough for a certain on-the-job injury, particularly in the case of very serious or catastrophic personal injuries. In these situations, our Johns Creek Workers' Comp Lawyers will identify a negligent third party such as a manufacturer of a dangerous or defective product or the maker of an improper safety device and prove their liability to your condition.
Limitations on Benefits Relating to State Laws
The amount of benefits that are designed to compensate employees for work-related injuries or illness may be limited by the laws of the state you live. Every state has its own statutes for how an injury should be compensated.
Some states have a list that assigns a dollar amount for the type of injury. Other states authorize that compensation is based on a scale or rating of injuries or disabilities. The good news is workers’ compensation laws secure that all workers who were injured on the job would get some weekly benefits and aid in costs to medical bills.
Our Special Invite to Injured Workers
If you can no longer perform your duties at work due to an on-the-job illness or injury our Johns Creek Lawyers can help you organize your claim and file appropriate documentation to obtain financial assistance and the necessary care for the duration of your injuries.
Our legal staff is prepared to handle the insurance companies and non-compliant employers for you so you can focus on a fast recovery.
Our attorneys have fought for thousands of injury cases just like yours and successfully helped families get through these difficult times. You've reached a trusted litigation team and can rest assured your claim is in good hands, call us, we are here to help.
Click below to speak with one of our Work Injury Attorneys in Johns Creek, Georgia Today
