College Park
Workers’ Compensation Lawyer

As soon as you start working on your first day in College Park, you’re covered by your employer’s workers’ compensation policy. This gives you benefits if you are injured while you are working for your employer.

This system is supposed to work smoothly, but sometimes, claims are denied or your employer does things to damage your claim. Our personal injury lawyers in College Park at John Foy & Associates know the rules around this program and can help you navigate the system successfully.

Who Is Eligible for Workers’ Compensation?

The odds are good that if you work as an employee, you have coverage. However, in Georgia, your injury has to be physical to qualify for workers’ compensation. Emotional injury is not covered unless there is an accompanying physical injury.

An example would be if you were assaulted by someone at work. This kind of experience often causes mental trauma along with physical wounds. Here, your mental trauma may be covered and you could be eligible for a full salary award. 

If you are an independent contractor, things become more difficult. You may not be covered under the policy. You should clarify with your clients whether you’re covered by their policies. Our College Park workers’ compensation lawyers can confirm if you have coverage.

What Benefits Can I Claim Under Workers’ Compensation?

There are four types of benefits you can claim under a workers’ compensation policy. First, you can receive medical benefits to pay for your treatment. However, you may have to see a particular medical provider to receive coverage. Georgia employers are required to give you at least six options accessible to you.

Next are disability benefits, which may be temporary or permanent, and are classified as total or partial. The rules and the amount of time you can be covered vary between the four types. You can also receive benefits for vocational rehabilitation to help you find new work or return to work.

The last benefit is death benefits for your dependents. If your loved one died on the job, you can get compensation for funeral and burial costs, as well as two-thirds of the decedent’s average weekly wage until benefits run out.

How do I Claim Workers’ Compensation Benefits?

Setting aside the matter of wrongful death, workers have to inform employers they’ve been injured on the job within 30 days of discovery of their injury. If you go beyond this date, you could lose your chance for compensation. Notify a manager or the HR department of your company.

Next, contact a workers’ compensation lawyer in College Park to help you make your claim with the insurance company. Don’t sign papers or give recorded statements to anyone without talking with an attorney. These are not a requirement for your case, by law, and can be used against you.

Your lawyer can help you structure your claim to give you the best chances of avoiding the appeals process, and can protect you from employers who try to convince you to return to work before you are fully healed.

Is There a Statute of Limitations for Workplace Accidents?

Yes. Beyond the notification period, there is a one-year period from the date of discovery to file your claim. Future claim limits can vary from one to two years if you’ve already received workers’ compensation benefits.

If you go beyond these deadlines, you could be denied compensation. The reason for this is fairness. These laws enforce everyone’s rights to due process and a speedy trial. Otherwise, workers could hold expensive claims over the heads of their employers indefinitely, long after they’ve forgotten the details.

Can I Sue My Employer Directly?

In almost every case, you cannot sue your employer directly for a workplace injury. The workers’ compensation system exists to keep employers and employees from facing each other in court. However, there are some rare exceptions.

If your employer is willfully negligent or directly harmed you, you may be able to sue them. This path is for egregious cases, like if you’re forced to do a dangerous job without proper safety equipment.

Will Workers’ Compensation Claims Harm My Employer?

Accidents happen and you may fear filing a claim will harm your employer. It does not. The money you get from workers’ compensation will come from their insurer, not from them. All you’re doing is claiming your rights under the law. In many cases, your boss will want to support your claim.

Sometimes, employers may worry about their insurance premiums rising and take illegal steps to deny your claim. Should your claim be denied by your employer or by the insurer, you need a lawyer on your side to fight back for what you’re owed by law.

Hire a College Park Workers’ Compensation Lawyer

Without a lawyer, you’re stuck navigating the complicated workers’ compensation system on your own. Even with a sympathetic employer, you may not have the legal expertise to get the insurance companies to listen. We do, and we’ve been helping people for over 25 years.

Call John Foy & Associates or contact us online for a free consultation about your case with an experienced College Park workers’ compensation attorney. You will owe us nothing until you win your case and receive compensation.