If you work part- or full-time on a regular basis in Hampton, you are probably entitled to workers’ compensation benefits. Workers compensation protects you from day one in case you get injured at work. It should guarantee quality medical care, weekly wages, and reimbursement of your costs as you recover.
Unfortunately, there are flaws in the system that can make it hard for injured workers to access the full benefits they deserve. If you are having problems with your claim, contact a Hampton workers’ compensation lawyer as soon as possible.
Our workers’ compensation attorneys at John Foy & Associates can ensure your legal rights are protected as an employee. You shouldn’t have to foot the bill for the cost of injuries that happen on the clock. We’ve helped thousands of injured workers get the compensation they deserve – often, more than they realized they were entitled to in the first place.
Is It Worth Getting a Workers’ Compensation Attorney?
Sometimes, the workers’ compensation process is smooth and easy. That’s not often the case, though. Your application for benefits can carry stress and worry, and gathering the right materials is no simple task. A workers’ compensation lawyer can help.
If you’re having any trouble with your claim, it’s worth at least talking to a lawyer about your workers’ compensation. We offer free consultations, and if you hire our help, we don’t get paid unless you win. That way, there’s no risk in getting help.
If your claim has been denied, you can appeal the decision, but you should have the help of a skilled attorney. In the event of a workers’ comp denial, having a lawyer will significantly increase your chances of getting the compensation you deserve. Don’t hesitate to contact us to talk about your situation.
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How Much does a Workers’ Compensation Lawyer Cost?
Because of our risk-free, contingency-fee policy, it’s impossible to say how much your lawyer will cost without knowing the details of your specific case. We tailor our services to each individual client, so what your workers’ compensation attorney does for you–and their fee–will depend on your situation.
There are several factors that will affect how much your lawyer makes and can include:
- The difficulty of your case
- The amount of time that your lawyer has to work
- Any extra expenses included, such as subpoena fees
- The amount of compensation that you receive
When you meet with your lawyer for your free initial consultation, they will tell you how much their fees are likely to be. With us, though, there’s no risk of paying for an attorney if you’re not going to win. We only get paid once you get the compensation you deserve.
Can You Sue Workers’ Compensation for Bad Faith?
In Georgia, if an insurance company wrongly denies a personal injury claim, then the injured party can file a bad-faith claim. Usually, the at-fault party can file a bad-faith claim when their insurance company refuses to pay the money outlined in their policy. However, workers’ comp claims are, by definition, not based on fault.
Technically, in Georgia, workers’ compensation insurance companies are protected from bad-faith claims by what are known as “exclusive remedy provisions” under the Official Code of Georgia Annotated (OCGA) §34-9-11. However, claim denial is not the end of the road for your workers’ compensation.
If you believe that your claim has been unfairly denied, you can appeal the decision with the Georgia State Board of Workers’ Compensation. If you win that appeal, then you can get the workers’ compensation that you were wrongfully denied.
If, however, your claim is denied again, then you should hire the help of a skilled workers’ compensation lawyer in Hampton, GA. We have extensive experience helping injured workers in Georgia and know what to do during the appeals process.
An Overview of Workers’ Compensation in Hampton
Workers’ compensation was established by the government decades ago to help protect workers who are hurt on the job. The two main objectives of workers’ compensation are to:
- Provide injured workers with medical care and other financial support as they get better
- Avoid the need for a lawsuit between employee and employer
Unlike personal injury cases wherein someone is found to be at fault and liable for costs, fault is not a factor with workers’ compensation. It is a “no-fault” system, meaning it doesn’t matter how the injury happened, who caused it, or even whether or not it was directly related to your job responsibilities.
If you were injured at work while on the clock, you are covered. And your employer is required to carry a workers’ compensation policy meant to pay for the costs of an employee’s injury.
A large chunk of workers’ compensation claims come from physically risky industries, such as construction. However, any type of work injury – in any work environment – is eligible for workers’ compensation – even if you work all day in an office.
Common Misconceptions About Workers’ Compensation
There are two areas that people commonly misunderstand about workers compensation:
- It is not a handout. Your employer is legally required to purchase a workers’ compensation policy for their employees. These benefits are owed to you as a regular employee of the company, and it is your legal right to file a workers’ compensation claim for benefits after a workplace injury.
- All injuries are covered. The work injury does not have to be directly caused by your work duties. If the injuries happened at work, they should be covered.
Sometimes, injured workers are told by their employer that workers’ compensation isn’t available to them. However, all employers with three or more regular employees are legally required to carry workers’ compensation in Hampton. If you are hurt at work and your employer says they don’t have coverage, contact a workers’ compensation lawyer immediately.
What Workers’ Compensation Covers
Workers’ compensation insurance should cover all costs resulting from your injury. This includes:
- Medical treatment
- X-rays and other tests
- Prescription medications
- Physical therapy or vocational training
- Costs of traveling to and from doctor appointment (at a reimbursement of 40 cents per mile)
If you cannot work for seven days or more, workers compensation will also provide weekly wages at two-thirds of your average salary (up to $675 per week, as of July 1, 2019). These payments continue until either 400 weeks have passed or you reach maximum medical improvement (MMI).
Disability Benefits from Workers’ Compensation in Hampton
If you have a temporary partial disability, which means you can still work, but you’re earning less than before, you can receive two-thirds of the difference between your average wages before and after you were hurt.
When you have completed treatment, you will be evaluated to see if you have a permanent partial or permanent total disability. If you are permanently and totally disabled, you will continue getting paid weekly for the rest of your life. If you have a permanent partial disability, you may continue receiving benefits depending on the nature and severity of your disability.
Workers’ Compensation Benefits After a Death
If a worker is killed during a workplace accident or as a result of work-related injury or illness, their dependents are eligible for workers’ comp benefits too. These benefits include:
- Two-thirds of the worker’s average weekly wage (paid to the worker’s spouse, children, or others who are their dependents)
- Up to $7,500 in funeral and burial expenses
If a loved one has died on the job, you may be able to recoup the damages their loss has caused. Our Georgia wrongful death lawyers can handle your case with compassion so you can grieve without worrying about how you’re going to pay.
Workers’ Compensation for Mental Health Conditions
Injuries can easily include mental health conditions. Although you must have a physical injury to receive workers’ compensation benefits you can sometimes recover for emotional damages if they result from the physical injury. Insurance companies are more likely to question emotional issues from an injury, so you will need to provide evidence of the mental health condition.
An experienced workers’ compensation lawyer can help you build a strong claim that accounts for all damages, including mental health conditions caused by your accident.
Talk to a Workers’ Compensation Attorney in Hampton for Free
All injured workers in Hampton have a right to file for workers’ compensation. Don’t let your employer or the insurance company tell you otherwise until you have all the facts. Hampton, GA, workers’ compensation lawyers John Foy & Associates can help you fight for your rights as an employee.
There’s no cost to schedule a meeting with us, and we don’t take a dime unless we win your case. To schedule your FREE consultation today, call us or contact us online.