Stone Mountain, GA Work-Related Injury Attorney
Our Stone Mountain, GA Work Injury Attorneys represent clients varying in a wide range of injuries, whether it's a claim involving a catastrophic injury to those involving less-severe injuries we can help.
If you suffered an on-the-job injuries or an occupational disease, you are entitled to receive benefits as long as the injury was related to your job.
Our Personal Injury Lawyers in Stone Mountain proudly helps injured workers get the financial help they need while fully recovering from their injuries.Trust our legal team in with your injury claim, we will handle all legal matters so you can focus on your health and recovery.
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Understanding Workers Compensation Laws
Workers compensation law provides insurance coverage for on-the-job injuries or illness. Generally speaking the vast majority of employers do carry workers compensation. However; the laws vary from state to state, an employer is required to carry coverage based on:- How many employers they have
- What type of business it is
- What type of work the employee is doing
Many employers purchase workers compensation insurance even when they aren't required to do so. Before moving forward with a claim, always check with your work injury lawyer to make sure your employer is required to carry or not to carry insurance.
You must be an employee to qualify for workers compensation benefits. For instance, independent contractors and volunteers (depending on the circumstances) aren't considered employees. It is common for employers to mis-classify workers as independent contractors when they are actually employees.
If you were denied benefits because you were classified as an independent contractor by your employer, you should contact your Stone Mountain injury claim attorneys.
If your injury or illness is work-related then most likely you will be eligible for workers compensation. For the most part, if you were doing something for the benefit of your employer and you were injured or became ill as a result, then it was work-related.
There are particular situations when cases are harder to determine. For example, let's say you were injured on your lunch break, but you were picking up a sandwich for your boss. In circumstances like these-when an injury didn't happen at work but there is a connection to work-it isn't always easy to determine if you are covered.
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).
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
What are the Legal Deadlines for Filing a Job-Related Accident 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 good reason for the delay.
After notifying your employer about your injuries you will have to file a claim with the State Administrative Workers' Compensation Agency.
The law mandates a claim has to be filed within a certain amount of time, each state has a specified amount of time a claim can be filed.
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 the date of injury; or
- One year from the date of the last authorized treatment paid for by your employer or its insurer;
- Two years from the last payment of Workers' Compensation income benefits.
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).
How soon should I return to my occupation after a work accident injury?
Once you have reached your level of maximum medical improvement (MMI), your treating physician will complete 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 companys' return to work policy according to your treating physicians orders.
An effective return to work policy includes:
- Confirmation that your employer 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
Our Stone Mountain workers' comp attorneys tend to have a better understanding of the merit a injury claim holds than the workers they represent. We are highly experienced at negotiating and structuring settlement agreements. Our Stone Mountain injury law firm will understand how the following components impact how much your case is worth.
- The extent of your injuries and your resulting functional limitations
- Your disability rating
- Whether the disability is partial or total
- Whether the disability is permanent or temporary
- Your previous wages, and
- The cost of past, present, and future medical treatment
Our Georgia Work Injury Attorneys offers a Free Case Review
Once our workers' compensation attorneys take on your case we will immediately gather evidence, collect witness testimony, and file all appropriate legal documentation.
Our Stone Mountain, Georgia Work Injury Lawyers have the knowledge and an experienced qualified staff that is proudly committed to you and your case.
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