Best Workers Compensation Attorneys In Marietta, Georgia
Were you injured at work in Marietta, GA and need the help of an experienced Workers' Compensation Attorney?
Our Georgia Law Offices represent individuals who suffer from on-the-job injuries and occupational diseases. Many employees have to face high medical bills and hardships due to wage loss. Others experience severe injuries and may have to come to terms with permanent disability.
If you were injured in Marietta due to a work-related injury, please Contact our Attorneys today.
Are all employees covered by workers compensation?
Workers compensation law orders insurance coverage for on-the-job injuries or occupational disease. The procedure for filing a workers’ comp claim varies from state to state, but mostly always involves an employer, the injured employee, an insurance provider, and medical providers.
All fifty states make it mandatory for employers (of a certain size) to provide workers’ comp coverage for their employees. As far as coverage for government employees there is an additional division of federal workers’ compensation.
Workers compensation in Marietta is a no-fault system, constructed to provide benefits to employees’ while shielding employers from lawsuits. Filing for workers’ comp is a smooth-running process when compared to personal injury claims because proving negligence is not necessary.
Proving fault becomes an absent concept when it comes to workers’ compensation and many times matters can be resolved without going in depth with the courts. There are still many circumstances when hiring a Marietta attorney is necessary due to coverage limits or denial of benefits.
What benefits are covered in Marietta when applying for workers compensation?
Workers’ compensation benefits are usually limited to medical costs and partial compensation for lost income (generally 50 to 70 percent of pre-injury wages.) On average, benefits do not include compensation for pain and suffering. Serious injury cases could call for permanent or partial disability, rewarding in a permanently fixed sum and lump sum settlement.
What type of on-the-job injuries are covered?
- Aggravation of pre-existing conditions
- Injuries the transpired 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 injuries are not eligible for workers' compensation?
- Injuries resulting from horseplay at work
- Injuries sustained while drunk or impaired
- Employees injured while traveling to and from work, (only a few states provide coverage) unless the transportation is provided by the employer.
In the state of Georgia employees that are found eligible are awarded compensation for lost work and medical bills, regardless who is at fault; in exchange, employees surrender their rights to sue their employers for the illness or injury (with a few exceptions).
Three basic requirements for workers’ compensation benefits in Georgia
- The person or company you were employed by must carry workers’ compensation insurance or be
legally required to do so.
- You must be an employee of that person or company. (you do not have to be a full-time employee, as long as you are a regular employee)
- Your injury or illness must be work-related, employees can also be illegal aliens, prisoners, or minors to qualify.
To protect the legal rights of someone who was hurt in an on-the-job injury, various intricate legal matters must be reviewed and rightfully addressed.
These include compliance with strict time-sensitive deadlines and negotiating with insurance companies mission is to break down any legitimate work injury case. Therefore, it is the job of Marietta lawyers to help you receive the compensation you deserve your cases outcome is vital by having an experienced attorney on your side.
What is the "Statue of Limitations" when filing a workers comp claim?
Unless you are 100% certain 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 there must be a good reason for the delay. This notice provision is a legal time deadline or "Statue of Limitations." Nonfulfillment to take legal actions with a legal or contractual time deadline 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 when the injury happened
- One year from the date of the last authorized medical treatment paid for by your employer or its insurer; or
- Two years from the last installment of Workers' Compensation income benefits.
Returning to work after an injury on the job
Once you have reached your level of maximum medical improvement (MMI), your treating physician will develop a Return to Work Form. The form notifies your employer and the workers' compensation representative that you are clear to return to work.
Depending upon your health status, your doctor may order lighter work duties while your injuries continue to heal. Your employer should apply the company's return to work policy according to your treating physicians orders.
An effective return to work policy includes:
- Confirmation that your company understands the nature and extent of your injuries and your present physical limitations
- A plan to provide reasonable accommodations to allow you to return and ease back into work safely, free from unnecessary pain and discomfort
- Clear communication between you, your employer, and, your doctor to expedite your return to your former work duties as soon as medically advisable
Contact Our Marietta Law Firm
Our experienced accident injury lawyers have represented thousands of cases just like yours. When insurance companies deny your claim or employers refuse to pay, we will take on your case and get justice for your losses.
Our Marietta, Ga workplace injury lawyers have the knowledge, experience and an experienced, qualified staff that is committed to you and your case.
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