Best Work Injury Attorneys in Lithonia and Redan, Georgia
Our Lithonia and Redan Work Injury Lawyers help protect injured employees from denied benefits and unfair wage loss; we understand the financial hardships that come with unexpected accident injuries, and we can help today.
Suffering an injury while at work leaves many injured employees with costly medical bills and unexpected time off work. If you were harmed on-the-job by an injury or occupational illness you are entitled to benefits through workers' compensation insurance.
We represent clients varying in a wide range of injuries, whether your injuries are minor, catastrophic, or even resulted in a wrongful death, we have the experience and knowledge in handling all types of work injury claims. Please contact our Georgia Law Office for legal help today.
Defining Workers Compensation Law in Georgia
Workers compensation law requires employers to carry insurance that provides workers who become injured or ill on the job with medical coverage and income replacement. In exchange for benefits the employee gives up their rights to sue the employer for the workplace conditions that caused the injuries.
In Georgia, for example, injured workers are eligible to have their medical care covered and to receive a portion of their salary (up to the maximum allowed by state.)
Workers' Compensation Laws vary from state to state, having a knowledgeable lawyer on your side that is familiar with you states laws and regulations can make the difference in the outcome of your claim. If you don't file with the Workers' Compensation Board within the "Statute Of Limitations" you could potentially lose your rights and benefits. Most employers require an injury be reported within days of the accident or even 24 hours in some cases. The sooner you get help filing your injury claim the better your chances for approved workers' compensation benefits.
Workers compensation differs depending on the state you live in, however; the underlying principle remains the same--that employers should assume the costs of injuries, illnesses, and deaths that occur on the job, without relying on the issue of fault, and partially replace wage income loss.
While income replacement for most employees is usually a percentage of the workers true income, it is counted as a transferred payment and thus is not subject to federal income tax for the employee or employer. In some states domestics, agricultural workers, and manual laborers are not subject to coverage.
There are three important requirements employees must meet to qualify for workers' compensation 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, your injury or illness must be work-related.
Filing a Worker's Compensation Claim within the Statute of Limitations
The Statue of Limitations dictates how soon you must file a claim for workers' compensation benefits after a workplace injury has occurred. The general rule in Georgia is that a claim for benefits must be filed within one year of the accident date or the right to compensation is barred.
States also have much shorter deadlines for notifying one's employer about a workplace injury (typically ranging from 30 to 60 days, but sometimes less.) So while you may have one year to file your claim, for instance, you may only have 30 days in which to inform your employer. Non-fulfillment to take legal actions with a legal or contractual time deadline may result in losing various rights and benefits.
What Georgia Workers Should Know About Their Employers
There are specific requirements that each employer must meet and rules that each injured employee must follow to have their workers comp claim covered. Here are some basics to be aware of:
- The employer must provide a list of 6 approved doctors you may choose from to handle your injury; however if it's an emergency room situation, this rule does not apply to the initial treatment.
- You must notify the employer of your injury within 30 days, failure to do so may result in denied benefits.
- You will not be compensated for the first 7 days of missed work UNLESS you miss more than 21 consecutive days; at that point, you will be compensated for the first 7 days you were out.
- You must follow all medical advice given by your treating physician; failure to do so may result in your benefits being suspended.
- If your doctor approved a return to work form at a different job within the company, you must attempt that job or benefits may be lost.
- If the injury was caused by the employees' failure to follow the employer's safety rules or policies, drug or alcohol use, or willful misconduct, benefits might be denied.
The worker's compensation laws can be complicated and tricky especially when you don't know the legal guidelines and jurisdiction regulations about civil court. Hiring a Lithonia Personal Injury Attorney will ensure that your case will be heard whether it be in front of a judge or negotiating with insurance companies your rights will be protected.
What type of work-related injuries is covered by insurance?
- Aggravation of pre-existing conditions
- Injuries sustained on business property, such as slip and fall injuries
- Injuries caused by company owned assets, like mechanical equipment
- More severe 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 type of work-related injuries isn't covered by insurance?
- 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.
After a work injury, typically your employer will have claim forms for you to fill out or submit. It then becomes the responsibility of the employer to submit the paperwork to the proper insurance carrier. Also, as stated previously you may also have to file a claim with the workers' compensation board (in the state of Georgia you have one year to do so.)
If your claim is not disputed by your employer or the insurance carrier, it will be approved, and the insurance adjuster will contact you and your employer on how to submit your medical bills for payment. However, this process does not always run so smoothly. In an attempt from keeping workers' comp rates from spiraling, your employer may fight your rights for benefits. The best way you can offset such disputes is by producing good documentation, include complete medical records, of your treatment and injury.
Why Is The Statue of Limitations So Important When Filing An Injury Claim?
The Statue of Limitations dictates how soon you must file a claim for workers' compensation benefits after a workplace injury has occurred. The general rule in Georgia is that a claim for benefits must be filed within one year of the accident date or the right to compensation is barred. States also have much shorter deadlines for notifying one's employer about a workplace injury (typically ranging from 30 to 60 days, but sometimes less.) So while you may have one year to file your claim, for instance, you may only have 30 days in which to inform your employer. Non-fulfillment to take legal actions with a legal or contractual time deadline may result in losing various rights and benefits.
Things get more complicated when you have an injury or illness that developed over time, such as mesothelioma, or carpel tunnel syndrome.
In these situations, the clock starts clicking toward your deadline when:
1) you took time off because of your injury or see a doctor for the injury
2) you knew, or should have known, that the injury was caused by your work.
Who Covers Medical Bills Pending a Workers' Compensation Claim?
While most injured employees recover completely and return to work, more severe injuries may result in partial or total permanent disability. The latter types of injuries are referred to as catastrophic injuries and may include amputations, severe head injuries, paralysis, blindness, or any injury that prevents the worker from returning to his or her job or other employment.
Depending on the state you live, your employer is required to pay for your medical bills until a decision has been made to accept or deny your claim, at least upon a certain amount. If your claim is approved, your employer will continue to pay for your medical bills for approved treatment.
On the other hand, if your claim is denied you can pay your own bills and seek reimbursement from the workers comp insurance company once the denial is overturned.
Or some doctors will treat on what's known as a "lien basis," meaning that payment for your bills will come out of any recovery you get through workers comp. In the meantime, some states have a temporary disability insurance program; you may be eligible to apply for these short-term benefits to make up for some of your out-of-pocket costs.
Contact Our Lithonia Work-Injury Law Firm
Suffering work injuries come to the burden of medical expenses and lost wages. Our work injury lawyers have the experience to negotiate with the insurance companies and workers' compensation board to receive appropriate benefits for you and your family.
Contact our Georgia Personal Injury Law Firm; our experienced legal team provides personalized client service throughout the length of your case. We have the knowledge, experience and an experienced, qualified staff that is committed to you and your case.
Please contact our Work Accident Injury Attorneys serving Lithonia and Redan, Georgia today, we know the law and regulations to help win your injury claim.
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