Virtually all workers in Mableton are covered under workers’ compensation from the first day on the job. Most employers are legally required to carry workers’ compensation to provide medical compensation, income benefits, and more. Unfortunately, many workers still struggle to get the full benefits they deserve.
If you were injured at work, protecting your rights is critical. Our Mableton workers’ compensation attorneys at John Foy & Associates are here to assist you with your claim. We’ll give you a FREE consultation to talk about the details of your accident and how we can work together to get you the benefits you’re entitled to receive.
What do I Do After a Workplace Accident?
The first and most important thing to do after an injury in the workplace is to make sure you’re safe and alright. Remove yourself from any dangerous situation you are in and, if you need immediate medical attention, seek it out as soon as possible.
When you know that you’re safe, there are some steps you can take to make your workers’ compensation claim more secure. Those steps include:
- Taking pictures of the scene of the accident
- Talking to any witnesses and getting their contact information
- Writing down your account of what happened
- Notifying your employer
- Going to your approved doctor
- Saving any medical documents, including diagnoses, prescriptions, and bills
Any information that you can record about your accident, your injury, and the costs of treating it can help your claim. It’s important that your employer, your lawyer, and the insurance company have the full picture of your damages so that you can get all the compensation that you deserve.
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Should I Get a Lawyer for My Workers’ Compensation Claim?
Sometimes, a workers’ compensation claim can go very smoothly and you might get everything you need the first time around. However, that isn’t always the case. Workers’ compensation applications can be complicated and confusing, and sometimes your employer’s insurance company may even reject your initial claim.
A workers’ compensation attorney in Mableton can help you through every step of the process. Insurance companies are much more likely to accept your claim and give you full compensation if you’ve enlisted the help of a lawyer who can show the extent of your injuries.
Our firm has decades of experience helping injury victims in Georgia, and we know exactly what to do to get you fair payment for your damages. You can always get a free initial consultation to see how we can help you and whether it’s worth hiring a lawyer for your workers’ compensation claim.
How Much does a Workers’ Compensation Lawyer Cost in Mableton?
When you hire a Mableton workers’ compensation lawyer from our firm, you pay nothing upfront. That’s because we want you to be able to handle your recovery without having to worry about how you’re going to pay for your representation. In fact, we don’t get paid unless you get your compensation.
Our fees usually work like this: when you hire one of our attorneys, they will come to an agreement with you as to how much of your compensation will go towards their fees. The majority of your payment will stay with you. But depending on the difficulty of your case, your lawyer’s fee will vary.
That means the cost of your lawyer will also depend on how much your compensation is worth and how long it takes to resolve your case.
How Workers’ Compensation Claims Are Handled in Georgia
Workers’ compensation is a government program that was set up to protect injured employees. Any business in Georgia that has three or more regular workers is required to carry a workers’ compensation insurance policy.
There are two main goals of workers’ compensation:
- To provide quick financial compensation and other benefits to injured employees
- To prevent a legal case between the employer and worker
Unlike personal injury claims, workers’ compensation claims are under a “no-fault” system. In other words, fault is not even considered in a workers’ compensation case. You cannot blame your employer for the accident, and vice versa. If you were injured at work, your injury costs should be covered.
Filing Your Workers’ Compensation Claim in Mableton
Workers’ compensation claims in Mableton are handled by the Georgia State Board of Workers’ Compensation (SBWC). You can file your claim by completing a Form WC-14 and filing it with the SBWC. Then, you’ll need to send a copy of your claim to your employer and the insurance company that provides their workers’ compensation benefits.
Depending on your case, this could be simple or incredibly complicated. Having a skilled workers’ compensation lawyer in Mableton by your side could mean the difference between a rejected claim and getting the compensation you need to pay for your damages.
How Long do I Have to File My Workers’ Compensation Claim in Georgia?
Time is of the essence in any workers’ compensation case. Right after the accident happens, you should report it to your supervisor. If you wait more than 30 days to report your accident, you may lose any access to benefits.
In addition to the short window to report your accident, it’s also best to contact your workers’ compensation attorney as soon as you can. Memory and evidence fades with time, so our team needs to get to work on your case as soon as possible. Don’t wait to get started.
How to Know If Workers’ Compensation Will Cover Your Injuries
Workers’ compensation is meant to cover any injury that happens at your work. It doesn’t matter who was at fault, how the injury occurred, or whether or not the accident directly resulted from your work duties. If it occurred at work, it should be covered.
You also don’t need to work in an industry that is frequently dangerous to be eligible for workers’ compensation. A lot of claims do result from industries like construction or manufacturing, but an office worker can also file a workers’ compensation claim if they are hurt at work.
If you have questions about your injuries in relation to your workers’ compensation benefits, contact a workers’ compensation lawyer in Mableton. John Foy & Associates helps injured workers all throughout Georgia, and we can give you a FREE consultation today.
What About Psychological Damages?
Physical injuries are definitely covered. We sometimes get asked if mental health conditions are also covered under workers’ compensation. If you had psychological damages that resulted from your physical injury, mental health treatment might be covered through workers’ compensation.
If you did not suffer a physical injury, emotional damages or mental health conditions will typically not be covered. That’s because you must have a physical injury or illness to have a valid workers’ compensation claim.
Benefits You Can Receive Through a Workers’ Compensation Claim
Workers’ compensation is meant to compensate you for the costs of your work injuries, especially if your injuries prevent you from working for an extended period of time. Here are the main benefits you can receive through workers’ compensation. You can also find more benefits information through the SBWC website.
Medical Benefits
Any medical treatment that is reasonable, necessary, and related to your work illness or injury should be covered under workers’ compensation. To receive these benefits, you must see an authorized physician through your employer’s workers’ compensation policy.
Your employer should provide a list of physicians for you to choose from or the name of a managed care organization to contact for treatment. It’s very important that you see a doctor who is authorized. Otherwise, your treatment costs may not be covered through workers’ compensation.
Most medical benefits cannot be received for more than 400 weeks, but most workers recover and are able to return to work well before that time.
Income Benefits for Temporary Disabilities
If you cannot work for at least seven days because of your work injury or illness, workers’ compensation should pay you disability benefits to help supplement your lost income. There are two types of temporary disability benefits through workers’ compensation:
- Temporary total disability benefits and
- Temporary partial disability benefits
Temporary total disability benefits provide two-thirds of your average weekly wage (or they cap out at $675 per week). These benefits are meant to provide you with weekly income until you’ve reached maximum medical improvement (MMI). MMI is the point at which your injuries have improved as much as they can with medical treatment.
Temporary partial disability benefits provide weekly payments if you are able to continue working but have to earn less because of your injury or illness. These benefits are equal to two-thirds of the difference between the average weekly wage you were making before your injury and after your injury.
Temporary partial benefits cap out at $450 per week and up to 350 weeks from your work injury date.
Benefits for Permanent Disabilities
When you’ve reached MMI, your doctor will evaluate your condition. If they determine you have a permanent disability, you can receive benefits through workers’ compensation.
Your doctor will determine where your disability is and how disabled you are. These details will determine the full amount and length of your permanent disability benefits. Workers with a permanent and total disability may be eligible for lifetime weekly income benefits.
Your workers’ compensation lawyer in Mableton can assess your claim and let you know what benefits you’re entitled to. We’ll fight to make sure you get everything you need to recover from your injuries, including disability benefits, even if your employer’s insurance company rejects your first claim.
What Should I Not Say to a Workers’ Compensation Doctor?
The doctor’s appointment that follows a workplace accident is an important one, as their diagnosis and treatment could be the biggest deciding factor for your compensation. That means they have to know the full scope of your injuries, so you need to be completely honest with them. Don’t try to downplay what happened and how it’s affected you.
On the other hand, if the doctor thinks you’re exaggerating or faking any injuries, they’re likely to reject your claim. Again, be completely honest and try not to seem like you’re playing your condition up to get more compensation. You should also be very polite to the doctor’s office staff and show up to your appointment on time.
If you think the doctor got the wrong idea or did not fully document your injuries, a workers’ compensation lawyer could be able to help. By doing our own investigation and collecting any evidence we can, we could be able to get the insurance company to reconsider your claim.
Can You Still Sue If You Accept Workers’ Compensation?
In most cases, if you apply for workers’ compensation, you waive your right to sue your employer for a workplace accident. That’s because your employer provides workers’ comp insurance – even if it’s required by law – to protect themselves from lawsuits. You can’t accept the compensation provided by their insurance and also sue them for negligence. You must pick one.
However, there are some cases in which you could collect workers’ compensation and also file a lawsuit against a third party. That can happen if someone else’s negligence caused your accident other than you or your employer. That can be an equipment manufacturer, a property owner, or any number of other parties who could have been responsible for your injuries.
A workers’ compensation lawyer in Mableton can investigate your case and tell you if you would be able to bring a third-party personal injury lawsuit in order to maximize your compensation. Our experienced personal injury lawyers in Mableton know how to get you a fair settlement from any negligent party.
Talk to a Mableton Workers’ Compensation Attorney for Free Today
Injured workers often run into issues when seeking workers’ compensation benefits. The Mableton workers’ compensation lawyers at John Foy & Associates are dedicated to helping you get the best outcome possible. Call us at (404) 400-4000 or contact us online to get started with a FREE consultation today.
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