You may qualify for compensation after a workplace accident. A Smyrna workers’ compensation lawyer from our team at John Foy & Associates can help you get the money you need in this situation.
A Smyrna personal injury lawyer from our law firm can help you with your workers’ compensation claim and ensure the insurance company does not take advantage of you. We have over 350 years of combined experience to apply to your claim.
When you choose us to assist you after an on-the-job accident, you can start getting the legal help you need 24/7.
Why Call a Workers’ Compensation Lawyer in Smyrna, GA?
Hiring an experienced injury lawyer can give you the best chance at the full comp benefits you deserve. Workers’ compensation is your right. A personal injury attorney will be your biggest advocate throughout the entire process of securing fair compensation.
An attorney can answer your questions, help you understand your options, and assist with any legal hurdles you face when you take legal action. Allowing your lawyer to handle all aspects of your workers’ comp claim can also give you more time to focus on recovery.
Workers’ compensation protects workers from taking on the costs associated with a workplace accident. However, many workers still struggle to get the full compensation they need, so hiring a Smyrna workers’ compensation attorney is highly recommended. You can reach out now to learn more about what a workers’ comp lawyer does.
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Types of Workers’ Comp Claims We Handle
Our legal team can assist with a wide range of workplace injury claims. For example, you can reach out to us when you need help from a:
- Smyrna Plant and Industrial Accident Lawyer: We can provide professional legal representation to workers hurt in industrial accidents at plants and other large facilities. We can help you secure maximum compensation for your losses.
- Smyrna Wrongful Death Workers’ Compensation Lawyer: Your family can turn to us for compassionate legal representation after a deadly workplace accident. We can walk you through the process of filing a wrongful death claim and explain what workers’ comp death benefits are in Georgia.
- Smyrna Head Injury Workers’ Compensation Lawyer: Our workers’ comp attorneys can help if you sustain a head injury at work, especially one that results in a traumatic brain injury (TBI) or concussion.
- Smyrna Back Injury Workers’ Compensation Lawyer: You can turn to us if you experience a back injury or spinal cord injury (SCI) after an accident at work. We know that these injuries can result in permanent disabilities and want to help.
- Smyrna Amazon Workers’ Compensation Lawyer: You can turn to us for professional help after an accident at an Amazon warehouse. We can level the playing field when dealing with this powerful company on your behalf.
The above list contains examples of the types of claims a workers’ compensation attorney in Smyrna, GA, can handle. You can talk to us immediately to discuss the specifics of your situation and the steps you need to take to begin the compensation process.
Compensation Available to You After a Workplace Injury
Our workers’ comp attorneys can help you secure fair payment for your losses. Depending on your situation, you may receive money to cover your:
- Emergency medical treatment
- Time in a hospital
- Medications
- Surgeries and other procedures
- Physical therapy and rehabilitation appointments
An experienced attorney may also help you get funds to cover a percentage of your lost wages after a job-related injury. We have a track record for helping injured employees and can discuss the funds available in your situation today.
Can You Get Money for Pain and Suffering?
No, in most cases, you cannot get any money for pain and suffering from your workers’ compensation claim. Pain and suffering, mental anguish, and other non-economic damages (damages to your enjoyment of life) are generally only available in normal personal injury cases, not workers’ compensation claims.
Injured workers can only get economic damages (financial losses including medical expenses and lost wages) in workers’ compensation claims. However, if you can pursue a third-party claim, then that could be different, as most third-party claims are standard personal injury cases.
The nuances of workers’ compensation and personal injury law can be confusing. If you have questions about whether workers’ compensation pays for pain and suffering or believe you aren’t getting all the compensation you deserve from your claim, a workers’ compensation lawyer in Smyrna can help.
The Problem with Compensation Claims in Smyrna
Workers’ compensation, also known as workers’ compensation, was created as insurance employers pay to protect their workers in the event of an injury. Workers’ compensation also protects employers because it doesn’t allow employees to sue for injuries, and no one carries the blame for what happened.
The problem with workers’ compensation is that insurance companies (not employers) handle the actual claim. Insurance companies care most about their bottom line and routinely look for ways to pay less on injury claims. As an injured worker, you may run into issues like:
- Having your claim denied, even if it was valid
- Being pressured to return to work too soon
- Having claims for certain conditions, such as emotional damages or scarring, denied
- Having lost wages or injury severity undervalued
- Feeling like you cannot seek a second opinion from another doctor, even though it’s your right
The insurance company does not have your best interests in mind. Sometimes, your employer does not either. Therefore, it’s best to consult with a workers’ compensation lawyer who can make sure your rights are protected as you try to heal from your injuries.
Can You Sue Your Employer While on Employee Compensation?
No, you cannot sue your employer if you get workers’ compensation for an on-the-job injury. The point of workers’ compensation is for your employer not to be legally liable for workplace accidents. When you accept a workers’ compensation settlement, you cede any right to sue your employer for the accident.
You May Have a Valid Claim Against Another Party
You may have a chance to sue other parties for compensation. In a third-party personal injury claim, you could be able to hold someone else accountable who was at fault for your accident. That could include equipment manufacturers, property owners, or any other party whose negligence led to your injuries.
When you meet with a workers’ compensation attorney for your initial consultation, they will review your case and tell you who you can get compensation from. If a valid third-party personal injury claim is available, our team will pursue it and ensure every responsible party is held accountable.
We can explain how to sue a third party after a work injury.
How Work Injuries Happen
Although certain jobs are more prone to injuries (such as construction or electrical), any work can lead to injuries. Under workers’ compensation laws in Georgia, it does not matter how your injury happened. Workers’ compensation benefits should cover your losses if the injury occurred at work.
Some examples of situations where injuries may happen at work include the following:
- Injuries from repetitive use of equipment or electronics, including computers
- Truck accidents
- Construction site accidents
- Poorly-maintained equipment
- Falling from ladders or tripping downstairs
- Slip-and-fall accidents
These are just a few examples, but any type of injury may be eligible if it happened at work or, in many situations, while performing work duties elsewhere.
How to Know if Your Company has Workers’ Compensation
In Georgia, any business with three or more regular employees must carry workers’ compensation insurance. This regulation includes employees who are full-time, seasonal, or part-time (as long as they are regular).
If the business is an LLC or incorporated, any members or corporate officers also count towards the “three or more” employee requirements (even if they have exempted themselves from coverage).
Exceptions to Workers’ Comp Coverage Requirements
There are a few exceptions to who must carry this coverage. Those include government agencies, railroad carriers, domestic servants, and farm laborers. Most injured workers are covered.
To check if your employer has workers’ compensation insurance, you can use the Georgia State Board of Workers Compensation (SBWC) online employer’s workers’ compensation coverage verification.
What to Do After an Injury at Your Job
If you become injured at work, there are several things you should do to protect your rights to workers’ compensation benefits and begin working on your claim.
Report the Injury
You should immediately report any injury on the job to your employer. Tell your supervisor or boss that you were hurt.
You must report the accident as soon as possible. If you wait more than 30 days, you might lose your right to receive medical benefits.
See a Doctor
Under workers’ compensation, you need to initially see a doctor listed under your employer’s workers’ compensation policy. Your employer may post a list of at least six doctors you can choose from for your treatment. Sometimes, you may make an exception if the listed doctors are not easily accessible. Be sure to retain all medical records.
Another option the employer has is to provide the name of a Workers’ Compensation Managed Care Organization (WC/MCO) contracted with your employer to provide medical treatment. The Georgia SBWC must approve this organization.
If your employer does not provide information about medical providers after your workplace injury, contact a workers’ compensation lawyer immediately for help.
Take Pictures
Use your phone or a camera to take pictures of your injuries and the accident scene. It never hurts to have picture evidence as proof of your injuries right after the incident. Your personal injury lawyer may use this evidence when building your claim.
Keep Track of Expenses
Keep detailed records of all:
- Medical bills
- Prescription medications
- Travel expenses
- Physical therapy
- Missed work time
All authorized expenses should be eligible for coverage through workers’ compensation. You will want proof of everything you’ve experienced from the work-related injury.
How Much Does a Workers’ Compensation Law Attorney Cost?
A workers’ compensation lawyer will usually cost you nothing upfront. At least, that’s the case with our personal injury firm. We work on a contingency-fee-basis, which means our payment only comes once your workers’ compensation claim has succeeded.
Our fees are part of your settlement — we don’t want you to pay out of pocket.
When you meet with your workers’ comp lawyer, they will discuss their payment before working on your case. Once you two have agreed on what portion of your compensation will go towards legal fees, they will work to ensure you have enough to support yourself and recover from your injuries.
Talk to Us After a Workplace Injury in Smyrna, GA
The Smyrna workers’ compensation lawyers at John Foy & Associates make filing a workers’ compensation claim as easy as possible. We can help you compile all the necessary information, attend hearings on your behalf, and uphold your rights every step of the way.
Call or contact us online now to get a FREE, no-risk consultation. We are available 24 hours a day, seven days a week.
404-400-4000 or complete a Free Case Evaluation form