For over 20 years, John Foy & Associates has been a trusted name in Georgia, helping injured workers get the compensation they need to recover from their injuries. Known as “The Strong Arm™,” we’ve recovered over $1 billion for our clients and built a reputation for standing up to big insurance companies.
If you’ve been injured on the job, our team of Douglasville workers’ compensation lawyers is here to guide you through every step of the process. Workers’ compensation is meant to protect employees, but claims can quickly become complicated. That’s where we come in.
Our Douglasville personal injury lawyers have the experience and dedication needed to help you secure the benefits you’re entitled to so that you can focus on recovery. Let’s explore how workers’ compensation works and how we can help you succeed.
Should I Get a Lawyer for My Workers’ Compensation Claim?
While some workers’ compensation claims are straightforward and easy to process, that’s not always the case. Many claims require extensive documentation, and gathering the necessary evidence can be challenging.
A Douglasville workers’ compensation attorney can ensure your claim is complete, accurate, and as strong as possible. Even if your claim starts smoothly, there’s always a chance it could hit roadblocks.
For example, your claim may be denied due to insufficient materials, or the approved medical providers might downplay the severity of your condition. If this happens, working with an experienced attorney is essential to fight for the benefits you deserve.
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Signs You Need a Workers’ Compensation Lawyer
You may not always need an attorney for your claim, but there are certain situations where hiring one is critical. Here are some signs that you should contact a lawyer:
- Your Claim Was Denied: Denied claims happen for several reasons, such as missed deadlines, insufficient evidence, or disputes over whether the injury was work-related. A lawyer can help you appeal the decision and strengthen your case.
- Your Employer or Insurance Company Is Uncooperative: If your employer refuses to report your injury, discourages you from filing a claim, or the insurance company delays or denies your benefits, it’s time to seek legal help.
- Your Benefits Are Incomplete or Delayed: If you’re not receiving all the benefits you’re entitled to—such as full medical benefits or wage replacement—a lawyer can negotiate on your behalf.
- You’re Asked to Return to Work Too Soon: Sometimes, employers or insurers pressure injured workers to return to work before they’re physically ready. A personal injury attorney can help protect your health and ensure you’re not forced back prematurely.
- Your Injury Is Severe or Permanent: Serious injuries that result in long-term disability or ongoing medical care often require a higher level of compensation. A lawyer can help you with these complex claims to ensure you receive fair benefits.
- The Approved Doctor Downplays Your Condition: If the doctor your employer or insurer assigned to you minimizes your injury or doesn’t recommend necessary treatments, an attorney can help you challenge their assessment and seek a second opinion.
- Your Employer Retaliates Against You: If your employer fires, demotes, or otherwise retaliates against you for filing a claim, this is illegal. A lawyer can help protect your rights and hold them accountable.
What to Do After an Injury on the Job
After any workplace accident, you should first make sure you’re safe. Go to a new location if there is still danger present, and call an ambulance if you need immediate medical attention.
After you know you’re safe, there are some steps you can take to help your chances of a successful workers’ compensation claim.
After a workplace injury, you should:
- Take pictures of the scene of the accident
- Talk to anyone who saw what happened and get their contact information
- Report your accident to your employer
- Go to the approved doctor for diagnosis and treatment
- Save any bills and documents you receive
- Contact a workers‘ compensation attorney in Douglasville
After an injury in the workplace, you need to notify your employer within 30 days. If you don’t, it’s likely that your workers’ compensation claim will be denied.
How are Workers’ Compensation Claims Handled?
Workers’ compensation is a system created to protect employees who are injured on the job. In Georgia, the statutes and rules associated with workers’ comp require all employers to have workers’ compensation insurance, which provides coverage for work-related injuries, regardless of fault.
The system is designed to achieve two key goals:
Quick Compensation for Injured Employees
Workers’ compensation ensures that employees receive financial support for medical expenses, lost wages, and other costs related to their injury without the need for lengthy and expensive lawsuits.
Protection for Employers
By having workers’ compensation insurance, employers avoid the risk of being sued while ensuring their employees are compensated for injuries sustained on the job.
If you’ve been injured at work, here are two critical points to keep in mind:
- You’re Entitled to Benefits You’ve Paid Into: Workers’ compensation insurance is funded, in part, through paycheck deductions. By filing a claim, you’re simply accessing benefits you have already contributed to—not asking for a handout.
- All Workplace Injuries Are Covered: Workers’ compensation isn’t just for industrial or construction-related injuries. It applies to any injury sustained at work, whether you’re in a factory, on a construction site, or even in an office environment.
If you’re unsure about how to proceed, consulting with a workers‘ compensation lawyer in Douglasville can make all the difference.
What Will Workers’ Compensation Pay For?
Under workers’ compensation law, employees injured on the job are entitled to a range of benefits designed to cover the costs of their work injury and help them recover physically and financially.
Whether you’ve suffered a brain injury, burn injuries, repetitive motion injuries, or other workplace accidents like slip & falls, workers’ compensation ensures access to employee benefits that protect your legal rights.
Here’s what workers’ compensation typically covers:
Health Care Expenses
Workers’ compensation covers all necessary medical treatments related to your injury, including:
- Emergency room visits.
- Consultations with specialists.
- Surgeries, X-rays, and diagnostic tests.
- Prescription medications.
- Physical therapy or rehabilitation services to aid recovery.
Wage Benefits for Lost Time
If your injury prevents you from working, workers’ compensation provides wage benefits to replace a portion of your income. While these checks may be less than your usual pay, the money is tax-free, helping to reduce the financial strain.
Vocational Training
For injuries that make it impossible to return to your previous job, workers’ compensation provides vocational training to help you prepare for a new role.
This support is especially crucial for employees dealing with long-term injuries like lower back pain or permanent disabilities.
Travel Expenses
Workers’ compensation reimburses the cost of traveling to and from doctor appointments, calculated at a rate of 40 cents per mile.
Disability Claims
If your injury results in a permanent disability, you may qualify for additional compensation. This includes payments for ongoing medical care and financial support for lost earning capacity.
Death Benefits for Families
In the tragic event of a death due to a workplace accident, family members may receive workers’ compensation benefits. These benefits include support for funeral expenses and ongoing financial assistance to dependents.
Will Workers’ Compensation Cover My Injury?
Workers’ compensation is a broad program that usually covers any injury that occurs in the workplace. For example:
- It doesn’t matter whose fault the injury was. You are covered if the injury was caused by your employer, a co-worker, a defective machine, or even you.
- It doesn’t matter how the injury happened.
- It doesn’t matter whether the injury was directly related to your work. You are covered whether you are injured by equipment or by slipping on the bathroom floor.
- Because fault doesn’t matter, you don’t have to show who’s to blame before you receive benefits.
Examples of Injuries Covered by Workers’ Compensation
Workers’ compensation applies to a wide range of injuries. Some examples include:
- Brain Injuries: From traumatic brain injuries (TBI) to concussions, these injuries require extensive medical care and recovery time.
- Burn Injuries: Severe burns may require surgeries, skin grafts, and long-term rehabilitation.
- Repetitive Motion Injuries: Conditions like carpal tunnel syndrome and tendonitis caused by repetitive tasks are eligible for compensation.
- Lower Back Injuries: Common in jobs requiring heavy lifting or prolonged sitting, back injuries may result in extensive treatment and lost wages.
- Slip and Fall injuries: These workplace accidents often lead to fractures, sprains, or head injuries.
Will Workers’ Compensation Cover My Injuries if I’m On the Job but Away From the Workplace?
Yes, workers’ compensation can cover you if you are injured outside of work, as long as you were performing work-related duties at the time of the injury.
Here are some examples where workers’ compensation may apply:
- Traveling for Work: If you’re injured while traveling for work—such as attending a meeting, conference, or visiting a client—you are likely covered. However, injuries or car accidents during your regular commute to and from work are typically not included.
- Off–Site Duties: If you’re performing job-related tasks at an off-site location, such as a construction site, delivery route, or client’s office, workers’ compensation will generally cover any injuries sustained.
- Work-Related Errands: Injuries that occur while running errands for your employer, like getting into an auto accident while picking up supplies or delivering documents, are usually covered.
As long as the injury happens during the course of your job responsibilities, you are entitled to the same protections under workers’ compensation law, regardless of where the accident occurs.
If you’re unsure whether your specific case qualifies, consulting a Douglasville workers‘ comp attorney can provide clarity and help protect your legal rights.
Will I Have to File a Lawsuit to Get Workers’ Compensation?
No. Workers’ compensation replaces lawsuits for on-the-job injuries. Here’s why:
- A lawsuit can easily drag on for months or even years, causing financial hardship to injured workers.
- There’s no guarantee that you’ll win a lawsuit and receive compensation for your injuries.
- Many workers would be reluctant to sue their employers, but the workers’ compensation system takes the employer out of the mix by having the employees make claims with an insurance company instead.
Many of our workers’ compensation clients worry that their employers will be angry or retaliate against them if they file a workers’ compensation claim.
But because a workers’ compensation claim is like an insurance claim and doesn’t require anyone to prove fault, we’ve found that most employers are caring and supportive.
The insurance company, on the other hand, is likely to try to avoid paying if at all possible. Legal representation by an experienced workers’ compensation attorney can help you get the benefits you need as quickly as possible.
Talk With a Douglasville Workers’ Compensation Attorney for Free
Injured workers have a right to compensation. The Douglasville workers‘ compensation lawyers at John Foy & Associates are committed to getting you what you deserve.
We’ve been representing injured workers for more than two decades. We know how workers’ compensation works, and we have experience getting insurance companies to pay the full amount available to our injured clients. We’ll give you a free consultation to talk about your claim.
If you’ve been hurt on the job, take advantage of our free consultation to learn more about the tasks our workers’ compensation lawyers can take on for you.
Call us or fill out the form to your right and get your free consultation today.
(404) 400-4000 or complete a Free Case Evaluation form