When you have suffered critical shoulder injuries, your entire life could be affected. Not only could it be challenging for you to complete daily living activities, but you may need to take time off work so you can heal from your injuries. This could make it challenging or impossible for you to provide for yourself and your family.
Thankfully, with help from an experienced shoulder injury workers’ compensation lawyer in Atlanta at John Foy & Associates, you can hold the insurance company accountable and get the financial help you need when you need it most.
Suffering a shoulder injury at work can severely impact your ability to perform your job and engage in daily activities. Our Atlanta workers’ compensation lawyers are here to help you navigate the complexities of workers’ compensation claims to secure the benefits you are entitled to. Contact our team for a confidential consultation today and learn how to fight back when the insurance company denies your claim.
Common Accidents that Cause Work-Related Shoulder Injuries
Shoulder injuries at work can happen far more frequently than many people realize. Unfortunately, even those who work in a seemingly safe work environment have the potential to suffer shoulder injuries due to overexertion and repetitive stress injuries. Some of the most common accidents that result in work-related shoulder injuries include:
- Forklift accidents
- Crane accidents
- Being struck by falling objects
- Slip and fall accidents
- Motor vehicle accidents
- Factory accidents
- Equipment malfunctions
At John Foy & Associates, we understand the challenges that come with a shoulder injury. Contact our personal injury lawyers in Atlanta for a comprehensive evaluation of your case and personalized legal guidance.
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Legal Options After a Shoulder Injury in Atlanta
Fortunately, after being involved in an on-the-job work accident, there are multiple ways you can recover compensation for your damages. In work accidents, you can file a claim for workers’ compensation benefits or pursue a civil lawsuit.
In some instances, you may even have the option of using both options. You can rely on your Atlanta shoulder injury workers’ compensation attorney to scrutinize the details of your case and determine which options are most likely to recover maximum compensation for your suffering.
Seek Workers’ Compensation Benefits
You might be able to file a claim for workers’ compensation benefits when your shoulder injury occurred within the scope of your job responsibilities. In Georgia, all companies with three or more employees must carry workers’ compensation protection coverage. Companies must extend this protection to all staff members, including temporary employees, seasonal staff, and part-time employees.
To be eligible, you must show that your shoulder injuries occurred due to your work environment. If there was not an accident that caused your shoulder injuries, and you are instead dealing with a shoulder injury that happened over some time, you can expect the insurance company to push back. Fortunately, if the insurance company denies your claim or your insurance settlement does not sufficiently meet your needs, you may have other options.
File a Third Party Liability Lawsuit
When someone else is responsible for causing your shoulder injury at work, you may have the right to financial compensation for your damages. While workers’ compensation benefits are paid no matter who is responsible for causing the accident, third-party liability claims require the injury victim to prove that someone else’s negligent actions contributed to the injuries they sustained.
In filing a civil lawsuit for your shoulder injury, you will not face the same limitations and restrictions you do with a workers’ compensation claim. Filing a civil lawsuit gives you the best opportunity to be made whole, recovering both economic and non-economic damages. Your shoulder injury workers’ compensation attorney in Atlanta can help you understand the details.
Who Qualifies for Workers’ Comp After a Shoulder Injury
To meet the eligibility requirements for workers’ compensation benefits for a shoulder injury, your lawyer must show that your work environment or job responsibilities caused your shoulder injury. It does not matter who is responsible for causing your shoulder injury as long as it was not self-inflicted.
As long as you are considered an employee and protected by your employer’s workers’ comp coverage, you should be eligible. However, individuals under the influence of drugs or alcohol at the time of their injury, violating their company’s code of conduct, or committing a crime at the time of their injury may find themselves disqualified from workers’ compensation benefit eligibility.
Types of Workers’ Compensation Benefits
If you meet the eligibility requirements for workers’ compensation in Atlanta, there are specific types of benefits you can expect to collect once your claim is approved. These include:
- Vocational rehabilitation benefits
- Medical coverage
- Wage replacement
- Benefits for the dependant and surviving family members
Vocational rehabilitation benefits give you a chance to find work in another industry if your injuries will prevent you from being able to complete the same tasks you were expected to do before your shoulder injury. Not everyone will qualify for vocational rehabilitation benefits. However, if you do, the insurance company will be required to cover the costs of your job training or educational expenses so you can gain the skills needed to re-enter the workforce.
The insurance company will also cover all your shoulder injury-related medical expenses. Not only does this include the cost of your hospital stay, surgical interventions, and prescription medications, but any future or ongoing medical care you require should also be covered.
Wage replacement benefits are also commonly referred to as disability benefits. You can collect approximately two-thirds of your average weekly income. Generally, this is allowed for a maximum of 400 weeks or until you can return to work.
Benefits for Dependant Surviving Family Members
Death benefits may be available to the dependent surviving family members of someone who suffers a fatal work injury. While shoulder injuries may not often be fatal, family members struggling to cope with losing their loved one may be entitled to wage replacement benefits and coverage of the decedent’s funeral and burial costs.
Meet with an Atlanta Workers’ Compensation Lawyer After a Shoulder Injury
Unfortunately, recovering the compensation you are entitled to through your employer’s workers’ comp insurance provider may prove more challenging than expected. Fortunately, when you have a shoulder injury workers’ compensation lawyer in Atlanta at John Foy & Associates on your side, you can make them pay.
Learn more about whether workers’ comp will be enough to meet your needs and what legal options are available when you contact our team for a free consultation. You can reach us through our online contact form or phone to get started as soon as today.