Our Commerce workers’ compensation lawyers at John Foy & Associates help injured workers across Georgia with denied claims, delayed checks, medical treatment disputes, light-duty issues, and hearings before the State Board of Workers’ Compensation.
Our firm brings 350 years of combined legal experience to injury claims. We can help you understand what benefits may be available after a job-related injury.
Contact our office today for a free consultation with a Commerce personal injury lawyer.
How Our Commerce Workers’ Compensation Lawyers Can Help
When John Foy & Associates represents an injured worker, we review the facts, records, and filings that may affect your right to benefits. That includes how the injury happened, when you reported it, what your medical records show, whether your doctor has limited your work, and why the insurance company delayed or denied benefits.
We also look for issues that can reduce or cut off your benefits, including incorrect wage calculations, disputes over medical care, questions about whether the injury is work-related, and problems with the authorized treating physician.
Our Commerce workers’ compensation attorneys can help by:
- Reviewing how your injury happened and whether your employer received proper notice.
- Confirming whether your employer had workers’ compensation coverage.
- Filing or responding to State Board of Workers’ Compensation forms.
- Reviewing medical records, work restrictions, and treatment recommendations.
- Addressing issues with the authorized treating physician.
- Checking whether your weekly benefit rate was calculated correctly.
- Challenging delayed or denied medical treatment.
- Responding to a claim denial from the insurance company.
- Preparing your case for mediation or a hearing before the Board.
- Reviewing whether a third party may also be liable for your injury.
Our goal is to protect your claim, build the evidence needed to support your benefits, and challenge any delay, denial, or benefit reduction that violates Georgia workers’ compensation law.
Reporting a Job Injury
Georgia law requires an injured employee to give notice of a work accident as soon as practicable. If notice is not given within 30 days, benefits can be denied unless an exception applies.
Tell a supervisor, manager, foreman, or another person with authority as soon as you can. Written notice is often the safest choice because it creates a record of when you reported the injury and what you reported.
After a work injury, you should try to keep:
- The date, time, and location of the accident.
- The name of the supervisor you notified.
- Photos of the hazard, injury, or equipment involved.
- Names of coworkers or witnesses.
- Copies of medical notes and work restrictions.
- Texts, emails, or forms exchanged with your employer or insurer.
Do not assume the claim is protected only because you told a coworker. Notice should be given to someone with authority to receive it.
Wage Benefits After a Work Injury
Georgia workers’ compensation does not replace all of your lost income while you are out recovering. The amount depends on your average weekly wage, work restrictions, and whether you can work at all.
Temporary Total Disability Benefits
Temporary total disability benefits may apply when your authorized doctor takes you completely out of work because of the injury. For injuries occurring on or after July 1, 2023, Georgia law sets these benefits at two-thirds of your average weekly wage, up to $800 per week.
These benefits are generally limited to 400 weeks unless the injury is legally classified as catastrophic.
Temporary Partial Disability Benefits
Temporary partial disability benefits may apply when you can return to work with restrictions but earn less than before the injury.
Georgia law provides two-thirds of the difference between your pre-injury average weekly wage and what you can earn after the injury, up to $533 per week, for no more than 350 weeks from the injury date.
Permanent Partial Disability Benefits
Permanent partial disability benefits may apply after you reach maximum medical improvement and a doctor assigns a permanent impairment rating. These benefits are separate from temporary wage benefits and depend on the body part injured and the impairment rating assigned.
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Distance is no obstacle. We work with clients across the country and make sure every one of them feels taken care of, no matter how far the call travels.
If Your Claim Was Denied
A denial is not the final word on your right to benefits. A workers’ compensation insurer may deny a claim because it disputes work causation, notice, medical proof, employment status, or whether you were actually disabled from working.
To challenge a denial, a claim is usually filed with the State Board of Workers’ Compensation using Form WC-14. The Board can schedule the case for mediation or a hearing before an administrative law judge.
A denied claim should be reviewed quickly. Georgia law generally requires a claim for compensation to be filed within one year of the injury. If the employer has provided remedial treatment or paid weekly benefits, different time periods may apply.
Third-Party Claims After a Workplace Accident
Workers’ compensation may not be the only source of recovery after a job injury. If someone other than your employer or a coworker caused the accident, you may also have a separate personal injury claim.
Third-party claims may arise from:
- A crash caused by another driver while you were working.
- Unsafe equipment made by a manufacturer.
- Negligence by a subcontractor on a job site.
- Unsafe property controlled by another business.
- Defective tools, machinery, or vehicle parts.
A third-party claim is different from workers’ compensation. It may allow recovery for losses workers’ compensation does not pay, including pain and suffering. We can review whether both claims should be pursued.
Filing Deadlines for Georgia Workers’ Compensation Claims
Reporting the injury and filing a claim are not the same. Notice to your employer protects the record of the accident. Filing a WC-14 with the State Board of Workers’ Compensation formally asserts your claim for benefits.
Georgia law generally requires notice of the accident within 30 days. A claim for compensation is generally barred unless it is filed within one year after the injury. If weekly benefits were paid or employer-provided remedial treatment was furnished, the filing period may be measured differently.
Because deadlines depend on the facts of the claim, we review the timeline early and determine what paperwork may be needed.
Contact a Workers’ Compensation Attorney in Commerce Today
John Foy & Associates is known across Georgia as The Strong Arm™. Our firm represents injured workers with clear legal guidance, direct communication, and serious preparation for disputed claims.
Call our office today for a free consultation with a workers’ compensation attorney in Commerce.
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