From the day you start your job, you have workers’ compensation rights in Marietta, GA, regardless of your position, title, or pay rate. Unfortunately, neither employers nor insurers approve worker’s comp claims quickly.
Insurance companies minimize the seriousness of your injury, whittle down the amount they owe, or even try to deny that you were injured at work. If you or someone you love has been hurt on the job, a workers’ compensation attorney in Marietta, GA, can help you understand the entire process of your case.
What Is Workers’ Compensation?
Workers’ compensation is a government program that provides employers and employees with financial security. The program has two objectives:
- Getting every worker the medical care they need if they are injured on the job
- Avoiding expensive lawsuits
To accomplish this, Georgia requires employers to carry an insurance policy that protects their employees. Then, if you are injured on the job, your coverage pays your injuries’ costs, and the policy covers all your costs. A Marietta, GA, personal injury attorney can answer any questions you have regarding coverage.
That doesn’t mean you get workers’ compensation for free. Technically, you and all your coworkers help pay for these benefits through your paycheck. Workers’ compensation is not a handout. You paid into the system; if you are injured, you have a right to coverage.
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Is It Worth Getting a Work Injury Attorney from Our Law Firm?
Ultimately, it’s up to you whether you hire a workers’ compensation attorney to help with your claim. However, with a lawyer who charges nothing upfront, there’s no risk of paying fees if we don’t win you a settlement.
The application process for workers’ compensation can be complicated, and showing that you deserve compensation benefits is sometimes difficult. If you’re having any trouble or doubts about your claim, you can always get help from our attorneys. We make a point to be different from other personal injury law firms in our strategies and compassion.
Contacting a lawyer if your claim has been denied is even more important. The process of appealing your denial is easier with legal help. We have years of experience helping injured workers get compensation, and we know what to do to get you the results you need to recover.
If you’re unsure whether to hire a workers’ compensation attorney in Marietta, you can get a free consultation to explore your options. Our team can assess your case and tell you what we can do to help.
How Much does a Work Compensation Attorney Cost?
No two workplace accidents are alike, meaning no two workers’ compensation cases are alike. Because of this, our firm’s workers’ compensation attorney has a different fee for each client. It’s impossible to say how much you’ll pay without knowing all the details of your case.
But our lawyers only get paid when you do. That’s because we work on a contingency fee basis, which means our workers’ compensation lawyers’ payment comes from your initial payout. We will never take more than 40% of your workers’ compensation settlement.
When you hire one of our workers’ compensation lawyers in Marietta, you will agree beforehand on a fair portion of your initial compensation benefits that will go toward your legal fees. After that, your attorney will work to make sure you get those benefits and have enough left for you to fully recover.
How Much Is Your Settlement Worth?
Again, no two workers’ compensation cases are the same. That means your settlement is worth something completely different than anyone else’s. Factors that can affect your settlement include:
- The extent of your injuries
- How long you are likely to be out of work
- What the insurance company is willing to give you
Weekly compensation is generally set at two-thirds of your average weekly earnings, with a cap of $575. That can go on for up to 400 weeks. Those numbers are the highest possible compensation, and you are not guaranteed to get that.
Our team of personal injury lawyers can assess your damages and give you a better idea of how much you can expect from your settlement.
What Will Work Compensation Pay for If You’re Injured in Marietta?
You can recover several benefits after your injury. The standard benefits if you are injured on the job include:
- Medical benefits: All your doctor visits, hospital stays, procedures, prescriptions, tests, and other medical costs are paid for by workers’ compensation.
- Missed weekly wages: If you can’t return to work for a bit, workers’ compensation will issue you a paycheck for the entire time you’re recovering. It’s typically lower than your actual pay but also tax-free.
- Physical therapy: It will be covered if your injury requires physical therapy or other ongoing treatment. You can also receive coverage for occupational therapy or retraining to learn how to return to work with your injury.
- Travel costs: You can track the mileage you spend going to doctor appointments, specialists, and other medical appointments and be reimbursed at 40 cents per mile.
Any worker who suffers a permanent injury or long-term disability will also receive additional benefits. Likewise, the families of deceased workers will receive additional death benefits.
This money can never make up for the loss these individuals suffer, and it isn’t meant to. It is designed to help ease the financial burdens while the workers or their families go through a difficult time.
What Types of Injuries Are Covered?
Generally speaking, any injury that happens at work is covered. This means:
- It does not matter whose fault the injury is
- It does not matter how the injury happened
- The injury could be related to your job, or it could have happened by pure accident at work
- You do not have to argue about liability or negligence
Some types of injuries are more common than others. For obvious reasons, many workers’ compensation claims come from the construction industry, where employees risk physical accidents like falling objects, being caught between equipment, falling from scaffolding, or suffering an electrical shock.
Those are often the most severe claims we see. However, we also see claims that come from other industries, including:
- The service industry
- Office employees
- Professional drivers
- Many other professions
To be eligible, you must report your injury to your employer as soon as possible. According to Georgia’s workers’ compensation handbook, you only have 30 days from your injury to report your injuries. No matter your workplace injury, a workers’ compensation lawyer in Marietta, GA, from our firm, can help.
Are There Certain Injuries that Are Not Covered?
According to Georgia’s Bill of Rights for injured workers, any injury should be covered if it happens at work. This includes injuries in an employer-owned parking lot, on walkways, and outside on employer property. But normally, injuries that happen off-premises are not covered.
For example, if you are injured while commuting to work, your injury is not covered. But there are exceptions even to this rule. Your injury could still be covered if it happened:
- During business travel.
- While driving a company vehicle on work duties.
- While running an errand for your employer off-premises.
- At an offsite work meeting.
- While working from home.
If you’re unsure whether your injury is eligible for workers’ compensation, you can get a free consultation with a Marietta workers’ compensation lawyer.
Does Work Comp Cover Psychological Trauma in Marietta?
It can be under some circumstances. Work comp only covers injuries that have a physical component. Therefore, a purely emotional or psychological condition is not covered, for example, if you are experiencing trauma from coworker threats.
If the trauma is related to a physical injury, however, for example, trauma related to a physical attack on work premises, then your work comp will cover it.
Do You Have to Sue Your Employer?
No. In the City of Marietta, you cannot sue your employer for a workplace injury. One of the reasons workers’ compensation exists in the first place is to avoid the costs of these lawsuits. This has the added benefit of preventing conflict between you and your employer.
Under Georgia law, an employer cannot retaliate against an employee for filing a workers’ compensation claim. If they do, they risk dramatic liabilities and penalties. This means your employer cannot fire you, treat you differently, or refuse to promote you because of your injury claim.
In most cases, the employer acts with compassion and concern while the insurance company does the dirty work of fighting your claim. This distinction between the employer and the insurance company is exactly why having a comp lawyer representing you is so important.
Your boss may be friendly to you, but the insurance company has no personal concern for you and your family. Their only goal is to find a way to pay you as little as possible, even if it means you don’t get the treatment you need. A lawyer puts you on an even footing and helps you get everything you deserve.
Talk to a Marietta Workers’ Compensation Attorney for Free
As a worker, you have rights. The Marietta workers’ compensation lawyers at John Foy & Associates have over 20 years of experience helping injured employees get their full benefits for work-related accidents.
We understand insurance companies’ tactics and know how to counter them using local compensation laws as support. We refuse to allow you to get less than you need for your recovery or to be shut out of the workers’ compensation system. Call us or fill out the form to your right and get your FREE initial consultation today.