Atlanta
Workers’ Compensation Lawyer

A work-related injury can leave you with costly medical bills, lost wages, and uncertainty about your future. If you’ve been hurt at work, an Atlanta personal injury lawyer can help you pursue compensation.

Getting through Georgia’s workers’ compensation system can be an overwhelming experience. Filing a claim often involves meeting tight deadlines and resolving complicated legal disputes.

Since 2003, John Foy & Associates has recovered over $1 billion for our clients. If you’ve suffered a work-related injury, an Atlanta workers’ compensation lawyer from our team can help you file a claim and pursue full and fair benefits in your case.

Why Hire a Workers’ Compensation Lawyer?

Workers’ compensation laws are designed to protect employees injured on the job, but the system doesn’t always work as it should. Insurance companies may deny claims or offer low settlements, leaving you on the hook for medical bills and lost wages.

A workers’ compensation lawyer provides:

• Expert knowledge of Georgia’s workers’ comp laws
• Negotiation skills to maximize your settlement
• Representation if your case goes to court
• Assistance with gathering evidence, filing paperwork, and meeting deadlines

Above all, a workers’ compensation lawyer in Atlanta can make sure you receive benefits.

How Much Does it Cost to Hire a Workers’ Comp Attorney?

Most workers’ compensation attorneys, including those at John Foy & Associates, work on a contingency fee basis, meaning you only pay if your lawyer successfully recovers benefits for you.

Your lawyer’s contingency fee will be a predetermined percentage of your settlement. You can discuss this percentage during your initial consultation.

What is the Average Workers’ Comp Settlement in Georgia?

Since every case is different, there is no average workers’ comp settlement. The amounts can vary based on factors such as the severity of the injury, medical expenses, and lost wages. Minor injuries may result in low five-figure settlements, while severe injuries that result in permanent disability can lead to settlements exceeding $100,000.

A workers’ compensation attorney in Atlanta can ensure that your settlement fully covers the damages you’ve incurred.

Do I Qualify for Workers’ Compensation in Georgia?

To qualify for workers’ compensation in Georgia, you must:

• Be classified as an employee (not an independent contractor)
• Suffer an injury or illness directly related to your job
• Notify your employer within 30 days of the incident

Even if you partially contributed to the accident, you may still qualify for benefits.

How Much is My Workers’ Compensation Claim Worth?

The value of your workers’ comp claim will depend on several factors, including your medical expenses, lost wages, and whether you qualify for disability benefits. An attorney can help calculate a fair estimate by considering all relevant factors, including the long-term impact of your injuries on your earning capacity.

Which Body Part has the Highest Value in a Workers’ Compensation Claim?

The value assigned to a body part in a workers’ compensation claim varies based on Georgia’s guidelines. Here are some examples:

• Spinal injuries: These injuries can be high-value due to their potential for permanent disability.
• Head and brain injuries: These injuries can result in significant compensation, especially if they lead to cognitive impairments or long-term care needs.
• Hands and arms: Injuries to these parts may result in high settlements due to their impact on a worker’s ability to perform tasks.

A lawyer can help calculate the value of your claim based on your specific injury and its impact on your life and work.

Does Surgery Increase a Workers’ Comp Settlement in Georgia?

Yes, undergoing surgery can significantly increase a workers’ comp settlement due to:

• Higher medical costs: Surgical procedures and post-operative care are expensive and must be accounted for in your settlement.
• Extended recovery time: Longer recovery periods can lead to higher compensation for lost wages.
• Evidence of severity: The need for surgery demonstrates the seriousness of your injury, which can strengthen your case for a higher settlement.

An experienced attorney can ensure that all medical costs, including future treatments, are included in your claim.

How to Maximize Your Workers’ Comp Settlement

To maximize your settlement, take these steps:

• Listen to your doctor: Follow your doctor’s treatment plan to demonstrate your commitment to recovery.
• Document everything: Keep detailed records of all medical expenses, lost wages, and other related costs.
• Avoid early settlements: Don’t accept a low offer before consulting an attorney.
• Hire an attorney: A lawyer can negotiate with insurance companies to ensure you receive a fair settlement.
• Stay informed: Understand your rights and the benefits available under Georgia law.

How to Win a Workers’ Compensation Settlement

To win a fair settlement, follow these steps:

• Report the injury promptly: Notify your employer immediately to avoid disputes.
• Seek medical treatment: Document all of your injuries and follow your doctor’s recommendations.
• Keep records: Save all medical bills, correspondence, and evidence of lost wages.
• Work with a lawyer: An attorney can negotiate with insurance companies and present a strong case in court if needed.

How Much Time Do I Have to File a Workers’ Comp Claim in Georgia?

Georgia law requires injured workers to file a claim within one year of the injury. Failing to meet this deadline could result in a loss of benefits. Additionally, you must notify your employer within 30 days of the incident.

An Atlanta personal injury attorney can make sure you meet every deadline required to win a fair settlement.

How Long Does it Take to Settle a Workers’ Comp Case in Georgia?

The timeline for settling this kind of case can range from a few months to over a year. Simple cases with minimal disputes may be resolved quickly, while complicated cases involving severe injuries or contested claims can take longer.

A lawyer can expedite the process by handling negotiations on your behalf.

How to Deal with Insurance Companies

Dealing with insurance companies can be challenging, as they often try to minimize settlements. To protect your rights, it’s important to:

• Communicate in writing whenever possible.
• Avoid making statements that could be misconstrued.
• Keep records of all correspondence and interactions.
• Consult an attorney before agreeing to any settlements or signing any documents.
• Be wary of early settlement offers, as they may not cover your expenses.

Types of Workers’ Comp Benefits in Georgia

Georgia’s workers’ compensation system provides various benefits, including:

• Medical benefits: Cover all necessary treatments and rehabilitation related to your work injury
• Income benefits: Serve as compensation for lost wages due to temporary or permanent disability caused by your injury
• Death benefits: Provide financial support to dependents if the employee’s injury results in death
• Vocational rehabilitation: Help injured employees return to work or retrain for a new job if they cannot resume their previous role

Can You Sue Your Employer for Negligence in Georgia?

In most cases, workers’ compensation laws prohibit employees from suing their employers for workplace injuries. However, exceptions exist if:

• The employer was grossly negligent.
• A third party’s negligence contributed to the injury (such as in cases involving defective equipment).

A lawyer can help determine whether you have a viable lawsuit.

Can I Sue a Third Party?

Yes, while workers’ compensation generally prevents you from suing your employer, you may be able to file a lawsuit against a third party whose negligence contributed to your injury. Examples of third parties you may be able to sue include:

• Manufacturer of defective equipment
• Contractor working on the same job site
• Negligent driver in a work-related vehicle accident

A personal injury attorney in Atlanta can help determine whether a third-party claim is an option in your case.

What are My Rights Under Georgia Workers’ Compensation Law?

Under Georgia law, you have the right to:

• Receive medical treatment for work-related injuries.
• Be compensated for lost wages due to temporary or permanent disabilities
• Appeal a denied claim.
• Select a doctor from your employer’s approved list of providers.

Can I Get Workers’ Compensation if the Accident Was My Fault?

Yes, Georgia’s workers’ compensation system operates on a no-fault basis. That means you can receive benefits even if you were partially or fully responsible for the accident, as long as the injury occurred in the course of your employment.

However, you may not be eligible for benefits if the injury was caused by willful misconduct.

Common Types of Injuries in Workers’ Compensation Claims

Common workplace injuries for which employees file claims include:

• Slips, trips, and falls
• Repetitive motion injuries (such as carpal tunnel syndrome)
• Back and neck injuries
• Burns and chemical exposure
• Head injuries and concussions
• Broken bones and fractures

Common Causes of Workplace Injuries

Some of the most common causes of workplace injuries include:

• Overexertion from lifting, pushing, or pulling heavy objects
• Slips, trips, and falls due to wet floors or uneven surfaces
• Struck-by accidents involving falling objects or equipment
• Repetitive motion injuries from tasks like typing or assembly work
• Exposure to hazardous substances or environments
• Vehicle accidents for employees who drive as part of their job

Common Mistakes Workers’ Compensation Applicants Make

When filing your claim, it’s important to avoid these pitfalls:

• Failing to report the injury promptly
• Not seeking immediate medical attention
• Overlooking deadlines for filing a claim
• Providing inconsistent or incomplete information
• Attempting to handle the claim without legal representation

Steps to Take After a Work Injury and How to File a Workers’ Comp Claim in Georgia

After suffering a work injury in Georgia, take these steps to protect your health, safeguard your rights, and file a workers’ compensation claim:

1. Report the injury: Notify your employer within 30 days.
2. Seek medical attention: Visit a doctor approved by your employer’s workers’ comp insurance.
3. File a claim: Submit Form WC-14 to the State Board of Workers’ Compensation.
4. Gather documentation: Keep records of medical treatments, expenses, and missed work.
5. Consult a lawyer: An attorney can help ensure your claim is complete and accurate.

What to Do if Your Claim is Denied

If your claim is denied, take the following steps to continue pursuing benefits:

• Review the denial letter: Read over your denial letter to understand why your claim was denied. Common reasons include missing deadlines, lack of evidence, or disputes over whether the injury is work-related.
• Request a hearing: File a request with the Georgia State Board of Workers’ Compensation to have your case reviewed by an administrative law judge.
• Seek legal advice: Consult an experienced lawyer who can identify the reasons for denial and help you build a strong case for appeal.
• Gather evidence: Collect additional documentation to support your claim, such as medical records, witness statements, and accident reports.
• File an appeal: Submit the necessary paperwork to begin the appeals process. Your lawyer can help ensure all forms are completed accurately and on time.

Contact an Atlanta Workers’ Compensation Attorney Today

A workplace injury can have a long-term impact on both your health and career. With so much at stake, it’s critical that you seek legal assistance.

If you’ve been injured at work, an Atlanta workers’ compensation attorney from John Foy & Associates can guide you through the claims process and fight for your rights. We work on a contingency basis, so you won’t pay any fees unless we win your case.

Schedule a free consultation with The Strong Arm™ today to take the first step toward protecting your future.