If you or anyone you love was injured while on the job, you should speak to a Decatur workers’ compensation lawyer immediately. An attorney can explain your legal options and help you get the funds you need to financially recover from an on-the-job injury.
Our team at John Foy & Associates has been helping injured workers for over 25 years. We understand the workers’ compensation system, the insurance companies, and how to get them to pay the full amount you deserve.
You can rely on a Decatur personal injury lawyer to provide the dedicated assistance you deserve. Let us give you a free consultation to discuss your claim.
Why Hire a Workers’ Compensation Lawyer in Decatur, GA?
Hiring an attorney after an accident at work means you‘ll have someone on your side. We’ll ensure you understand the steps you need to take to secure compensation and can walk you through the complex workers’ comp claims process.
Our firm can also discuss other potential options to get compensation for your losses. For example, if a third party caused your accident, you may get the funds you need through a personal injury lawsuit.
We’re here to review all your legal options after a work-related injury.
How Does Workers’ Compensation Work?
Workers’ compensation is a government program that protects workers who get hurt on the job. It is one of our most important worker rights in this country. It has two goals:
- To get you, the injured worker, the medical care and financial support you need
- To avoid the need for slow, expensive lawsuits to resolve workplace injuries
Your workers’ compensation attorney in Decatur can provide more information about this system and Georgia laws on workplace injuries.
What Does Workers’ Comp Cover?
Your workers’ compensation benefits should pay for all of the medical expenses you experience after an on-the-job accident. For example, workers’ compensation insurance should cover your:
- Medical care, doctor visits, tests, X-rays, and other treatments
- Medication costs
- Physical therapy, if needed, to recover from your injury
- Vocational training to help you return to work with your injury
- Travel costs (at a rate of $.40/mile) for all driving to and from medical appointments
The system should cover all the medical treatment you need to recover.
Additionally, workers’ comp should cover a portion of your paycheck until you can return to work. This paycheck is typically less than your regular pay, usually 2/3rds, but it is entirely tax-free.
Georgia uses various terms to refer to the benefits you could receive for lost wages, including:
- Temporary Total Disability Benefits (TTD)
- Temporary Partial Disability Benefits (TPD)
- Permanent Partial Disability Benefits (PPD)
- Permanent Total Disability Benefits (PTD)
Families of workers will also receive added benefits in the tragic event of a death in the workplace. It is impossible for money to make up for these kinds of terrible losses, but the benefits can offset their financial impact. Workers’ comp attorneys can give you more information about a wrongful death claim.
How Much Money Can You Get Through Workers’ Comp?
The total funds available to you through a workers’ comp claim will vary based on the extent of your injuries and your average wages. Our team can explain how much you can expect from your workers’ compensation claim when you contact us for help.
We can also explain how to maximize my workers’ compensation settlement.
What Types of Injuries Does Workers’ Compensation Cover?
In general, any injury that happens at work should be covered, no matter how small. According to state laws:
- You are covered no matter whose fault the injury is.
- You are covered no matter how the injury happened.
- You are covered even if the injury was not directly related to your work (for instance, tripping on the stairs).
- You never have to argue about blame to be approved.
Workers’ compensation claims can come from any profession. We have seen claims from restaurants, office workers, delivery drivers, and many other industries. Injuries don’t have to be sudden either; workers’ comp also covers repetitive stress injuries like carpal tunnel syndrome.
Are There Any Injuries Workers’ Comp Doesn’t Cover?
Workers’ comp usually won’t cover an injury if it did not happen on the premises at work. However, there are many exceptions to this. Your injury may still be covered if:
- It happened while traveling for business.
- You were driving a company vehicle.
- You were running an errand off-site for your job.
- You were at a work meeting off-site.
- You were working remotely when it happened.
Unfortunately, injuries that happen while commuting are not usually covered. But workers’ comp may cover an injury if it occurred in a parking lot or sidewalk owned by the employer. Our firm can explain how you can tell if you’re eligible for workers’ compensation.
Does Workers’ Compensation Cover Emotional and Psychological Conditions?
As a rule, workers’ compensation covers physical injuries and all of their related effects. So, mental trauma and emotional distress are covered only if they accompany a physical injury.
For example, a worker physically attacked on company premises would get coverage for both the physical and psychological effects. However, a worker who was traumatized without a physical injury would not.
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What Are Your Responsibilities for Workers’ Comp?
In order to have a successful claim, there are a few things you need to do to fulfill your responsibilities. These include:
- Notifying your manager or HR about the injury as soon as possible after it happens or you notice it.
- Following the claim process as posted on your employer’s labor information sheet.
- Seeing a doctor approved by your employer’s insurer. You are free to get a second opinion from your own doctor.
These are the most critical responsibilities, but there are others. A Decatur workers’ compensation attorney can tell you more about Georgia’s laws and how they apply in your situation.
Do You Have to Sue Your Employer to Get Workers’ Compensation?
You do not have to file a lawsuit to get workers‘ comp benefits. In fact, in Decatur, workers’ compensation has explicitly replaced lawsuits as the primary means of addressing workplace injuries. You are not allowed to sue your employer directly, and there are several reasons for this:
- Lawsuits can go on for years; workers should not have to wait that long.
- The results of a lawsuit are unpredictable, and workers can never be sure that they’ll win.
- Under workers’ compensation, workers’ claims are with the insurance company, not with their employer.
We talk to many injured workers who are worried their employers will take action against them if they file a workers’ compensation claim.
In reality, we find the opposite to be true: employers are often supportive and caring to their injured workers, while the insurance company is the one that tries to wriggle out of paying.
Therefore, it’s so important to have a good workers’ compensation attorney in Decatur on your side. Insurance agencies want to pay out as little as possible, even if you deserve more.
How Insurance Companies Fight Back Against Workers’ Compensation Claims
The insurance companies that pay out workers’ compensation benefits are not eager to approve claims. It is in their interest to pay the smallest amount possible, and there are many tactics they’ll try to make it stick.
They may do this by minimizing the extent of your injuries, disputing the facts of how you were injured, or even referring you to a doctor who you don’t believe has your best interests at heart. These companies attempt to deny injured workers the benefits they are entitled to under the law.
You could also be the target of a private investigation. Companies could try to catch you on video doing something against your doctor’s orders and use that to deny you coverage. Be sure to follow all of your doctor’s instructions, no matter how trivial. The adjusters will be watching!
Contact Us After an Accident at Work
All workers have rights. At John Foy & Associates, we refuse to see a worker lose the money they deserve by law. You can rely on a Decatur workers’ compensation attorney from our team to provide the support you deserve after an accident.
We’re here to help with your workers’ comp claim or a third-party claim when necessary. Talk to us now about your next steps.
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