From your first day on the job in the state of Georgia, you are eligible for worker’s compensation. This means that if you are injured on the job you are entitled to medical care and a paycheck while you recover. Worker’s compensation was set up to help you, not punish anyone else. There aren’t supposed to be adversaries, but sometimes there are as doctors try to send people back to work too soon and employers cast doubt on your injuries. As a work injury lawyer in Atlanta at John Foy & Associates puts it: “Insurance companies know the rules. Attorneys know the rules. You don’t know the rules. Let us help you navigate this system.”
Our worker’s compensation attorneys in Atlanta can help you navigate this intricate system, and you pay our worker’s compensation lawyers unless you win. Give our office a call at 404-400-4000 for free advice.
How do you know if you are eligible for worker’s compensation?
If you were hurt on the job, there’s a good chance that you will be eligible for worker’s compensation. However, in Georgia, you must have a physical injury to be eligible.
If you have an emotional injury along with a physical wound, then you also may be eligible for psychiatric care. For example, if you have been assaulted on the job by a co-worker, supervisor, or client, you may have emotional aftereffects.
Depending on the severity of your injury, you may be entitled to a full salary award. A worker’s compensation attorney can review your claim and best advise you on your next steps.
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What do you have to do to file a worker’s compensation case in Atlanta?
First, you must inform your employer that you have been injured on the job. You have 30 days to do this, and you may have already told a supervisor or coworker who should have contacted your manager. Second, we urge you to contact an attorney to help you navigate this process. Do not give any recorded statements or sign any papers, either for your employer or their insurance company, without first contacting an attorney. By law, you are not required to give insurance companies or employers a recorded statement. Our attorneys at the Atlanta worker’s compensation law firm of John Foy & Associates always recommend against giving a recorded statement that will undoubtedly be used against you.
The point of worker’s compensation is to get you back on your feet. There may be undue pressure for you to return to work before you are able.
Atlanta Workers Compensation Lawyer Near Me 404-400-4000
Is there a time limit to file a worker’s compensation case in Atlanta?
Yes, there is a time limit to file a case—that is one year from the date of your accident. If you receive medical treatment – it is one year from the last time you received medical treatment paid for by the worker’s compensation carrier and it is two years from the date you received a check for worker’s compensation.
You have 30 days to report your injury to your employer. However, that definition can be very broad and a verbal conversation is often enough to qualify for a report. A worker’s compensation attorney at John Foy & Associates can help sort out these details. Call us at 404-400-4000.
Who is the responsible party in a worker’s compensation case?
Your employer is legally obligated to purchase worker’s compensation insurance if his or her business has three or more employees, including the owner. The insurance carrier or a third-party administrator is the party responsible for paying out benefits. Remember that these carriers have attorneys helping them long before anyone gets hurt. They know exactly what to do and how to save their company as much money as possible. Once you get hurt, contact a worker’s compensation attorney so we can represent your interests.
For a free legal consultation with a workers compensation lawyer serving Atlanta, call 404-400-4000
Will you have to testify against your boss?
Many people feel guilty about “harming” a boss’ business, but you are not going after an employer. You are trying to enforce a right that you are entitled to under the course of the law. And hopefully, your boss will be on your side throughout this process.
At John Foy & Associates, we prepare every case as if we are going to court. But often we are able to come to an agreement long before anyone appears in front of a judge. Worker’s compensation cases are treated differently from personal injury claims. The court provides expedited hearings within six to eight weeks because the system is set up to protect and compensate you as quickly as possible.
If you are an independent contractor, can you sue for worker’s compensation?
Even if you are labeled an independent contractor and receive a W-9 for tax purposes, you may well qualify for worker’s compensation. Says one of our top attorneys, “In nine out of 10 cases, the worker is eligible for coverage.”
Let our worker’s compensation experts determine if you are eligible.
What are you eligible for in a worker’s compensation case?
In a worker’s compensation claim, you are eligible for:
- A weekly paycheck. If a doctor takes you off the job for seven or more days then you are entitled to two-thirds of your weekly paycheck, capped at $550. Worker’s compensation is tax-exempt, so your take-home pay may not change. If you are able to work at a less physically demanding job and earning less than you were before, then you may be eligible for part of that difference.
- Medical treatment and most associated costs, including transportation. However, your medical treatment must be provided by a panel of at least six physicians. Your employer must provide information on this panel.
- If you are permanently injured, according to the American Medical Association guidelines, you are entitled to some sort of payment. This is called a permanent or partial disability rating.
What should you do if your worker’s compensation claim is denied?
Unfortunately, there is no guarantee that your worker’s compensation claim will be approved. The insurance company may ultimately decide that you haven’t provided enough evidence to support your claim, or that your injuries may have resulted from a preexisting condition. Now what? All hope is not lost – you may still be able to recoup compensation.
Our Atlanta worker’s compensation attorneys will get to work on helping you file an appeal which may then proceed to a hearing. If you are granted a hearing, a judge will then hear both sides of the case and decide whether to award or deny your claim.
Seeing your doctor can you improve your chances of receiving a fair settlement in an Atlanta worker’s compensation case
There are mistakes you can avoid making that could otherwise compromise your chances of receiving a fair settlement in your workers’ compensation case. For one thing, don’t miss your doctor’s appointments, and don’t ignore your doctor’s advice. It may be difficult to prove you are suffering from a serious accident-related injury if you aren’t seeing your doctor in an effort to treat it.
Keep copies of any and all medical documentation you receive, including prescriptions, to help you prove you are, in fact, receiving treatment. Not only does this prove the extent of how much treatment you need and that you aren’t exaggerating your injuries, but you also have a record of your expenses which you can include in your claim for reimbursement purposes.
Further, make sure to disclose any and all pre-existing conditions from which you suffer. If anything comes up later on that you failed to disclose, the insurance company may decide that you were hiding your condition because your injuries were actually related to your condition, not the accident, and you were looking for a payout based on fraud.
Why should you hire a worker’s compensation attorney?
“Imagine that you are trying to get from Point A to Point B, you’ve never been there before and you don’t have a map.” That’s how one of our top attorneys describes navigating worker’s compensation without legal help. Worker’s compensation is an administrative system with very strict rules about what rights you have if you are injured on the job. Insurance companies and employers are very well versed in the rules of the system. You are not.
Our worker’s compensation lawyers at John Foy & Associates have been practicing in this arena for more than 25 years. We can help you through this intricate system. We can help you get to doctors whose main purpose is to facilitate your recovery and won’t release you back to work before you are actually recovered.
Give us a call at 404-400-4000 for a free consultation.