If you’ve been injured in a workplace accident, you are typically eligible for compensation benefits to cover your losses. However, the process isn’t always straightforward. Insurance companies often try to minimize or deny claims, leaving injured workers without the support they need.
Our Marietta workers’ compensation lawyers understand the challenges of workers’ compensation claims and are here to ensure you receive the maximum benefit available. We know what is at stake for you and your family and we are committed to fighting for fair outcomes for every client.
Our Marietta personal injury lawyers have over 350 years of combined experience helping injury victims throughout Georgia. Contact John Foy & Associates for a free consultation. Don’t hesitate to get the support you deserve for a work-related injury.
Why Hire a Workers’ Compensation Lawyer in Marietta, GA?
The applications for benefits under workers’ compensation can be overwhelming, especially for injured employees dealing with work-related injuries. The claims process involves proper documentation, medical records, and navigating legal hurdles that can be difficult without professional help.
Here’s how a Marietta workers’ compensation attorney can assist you:
- Handle the Insurance Companies: Employers may act concerned, while insurance companies often work to reduce payouts. A lawyer ensures you receive the full compensation coverage you deserve.
- Assist With Denials: If your initial claim is denied, our compensation attorneys can handle the appeals process, ensuring all relevant evidence is presented.
- Maximize Benefits: From medical benefits to wage replacement benefits, our team ensures you receive every benefit you’re entitled to.
Types of Workers’ Compensation Claims We Handle
Our workers’ compensation team handles a wide range of job-related injuries and work-related accidents, including:
- Construction Accidents: Injuries at construction sites often involve unsafe working conditions, heavy machinery, or falls from scaffolding. We represent injured construction workers and fight for fair benefits.
- Factory Worker Injuries: Factory workers are prone to repetitive motion injuries, burns, and machinery-related accidents. We help them secure compensation for their injuries.
- Ironworker Injuries: Injuries sustained by ironworkers are common due to the demanding nature of their job.
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
The list above contains just a few examples of the type of workers’ comp claims we handle. You can contact us to discuss the specifics of your situation and your next steps to secure maximum benefits.
Whether you’re dealing with common injuries or occupational diseases, our law firm is ready to help. No matter your workplace injury, a workers’ compensation lawyer in Marietta from our firm can help.
What Will Workers’ Compensation Pay for if You’re Injured?
If you’re injured at work, workers’ compensation typically provides:
- Medical Benefits: Coverage for medical expenses, including doctor visits, hospital stays, and physical therapy
- Wage Replacement Benefits: Weekly wages amounting to two-thirds of your pre-injury income, subject to state-mandated caps
- Temporary Disability Benefits: For workers unable to perform their job duties temporarily
- Permanent Disability Benefits: For injuries resulting in permanent impairment or disability
- Vocational Rehabilitation Benefits: Assistance with retraining or finding new employment if you can’t return to your previous role
- Death Benefits: Financial support for families of deceased workers, including burial expenses and income replacement
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 compensate for the losses these individuals suffer. Instead, these benefits help to ease the financial burdens while the workers or their families experience a difficult time.
We can explain more about how workers’ compensation payments work in Georgia when you contact us for help.
Does Workers’ Comp Cover Psychological Trauma?
Georgia’s no-fault workers’ compensation system primarily covers physical injuries, but there are exceptions. If psychological trauma arises from a physical injury, such as a traumatic assault at work, workers’ comp may provide coverage.
However, purely emotional injuries without a physical component are typically not covered. Our workers’ compensation lawyers in Marietta can clarify whether your case qualifies under Georgia’s workman’s compensation law.
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How Much Is Your Settlement Worth?
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 generally covers two-thirds of your average weekly earnings, with a cap that can change over time.
How long can you receive workers’ compensation in Georgia? Payments can go on for up to 400 weeks. Those numbers are the highest possible compensation, and you are not guaranteed to get that.
Our workers’ compensation attorneys in Marietta can assess your damages and give you a better idea of what workers’ comp pays in Georgia.
Can You Sue Your Employer After an Accident?
You cannot sue your employer for a workplace injury in most cases. One of the reasons workers’ compensation exists in the first place is to avoid the costs of these lawsuits and to prevent 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. Therefore, your employer cannot fire you, treat you differently, or refuse to promote you because of your injury claim.
However, if a third party was responsible for your injury, you may be eligible to file a lawsuit. If an outside party such as a vendor, manufacturer of a defective product, or subcontractor is responsible for your workplace injury, a Marietta worker’s comp lawyer can help you take legal action.
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 sustain injuries on the job
- Avoiding expensive lawsuits
To accomplish this, Georgia requires employers to carry an insurance policy that protects their employees. Then, if you get hurt on the job, your coverage pays your medical costs. A 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; you have a right to coverage if you are injured.
What Types of Injuries Does Workers’ Comp Cover?
Generally speaking, any injury that happens at work is covered. Therefore:
- 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
We commonly help workers with injuries such as:
- Back and Spinal Cord Injuries: We assist clients with spinal cord injuries and back injuries that limit mobility or result in long-term disability.
- Traumatic Brain and Neck Injuries: Severe neck injuries and brain trauma often require extensive medical attention and physical therapy.
- Eye Injuries: Eye injuries caused by workplace hazards can lead to permanent vision loss.
- Repetitive Stress Injuries: Injuries caused by repetitive motions, such as carpal tunnel syndrome, can impact productivity and require medical treatment.
- Hearing Loss: Prolonged exposure to loud noises in the workplace can result in partial or permanent hearing loss.
- Burn Injuries: Chemical, electrical, or thermal burns sustained on the job often lead to painful recovery and may cause permanent scarring.
- Fractures and Broken Bones: Falls, machinery accidents, or heavy lifting can result in broken bones that require extended recovery periods.
- Amputations: Severe injuries involving machinery or equipment malfunctions may lead to the loss of limbs, requiring lifelong care and rehabilitation.
- Work-Related Illnesses (e.g., Cancer): Prolonged exposure to toxic substances such as asbestos, chemicals, or radiation can result in serious illnesses, including cancer and other occupational diseases, requiring extensive medical care and long-term treatment.
Will Workers’ Compensation Cover Offsite Injuries?
According to Georgia’s Bill of Rights for injured workers, you can get compensation for any injury if it happens at work. You may receive benefits for injuries in an employer-owned parking lot, on walkways, and outside on employer property. However, injuries that occur off-premises are usually 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. You may receive benefits if your injury 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.
When Are Injuries Not Covered by Workers’ Comp in Georgia?
Injuries are generally covered under Georgia’s workers’ compensation system if they occur during the course of employment. However, there are certain situations in which injuries may not be eligible for workers’ compensation benefits. These exceptions ensure the system is fair and does not cover incidents outside its intended scope.
Here are some instances where injuries are not covered by Georgia workers’ compensation:
Injuries Sustained While Commuting to Work
In most cases, injuries that occur while traveling to or from work are not covered. This is known as the “going and coming rule.” However, there are exceptions if you were:
- Traveling for work-related purposes, such as on a business trip
- Driving a company vehicle as part of your job duties
- Running an errand for your employer
Injuries That Occur Outside the Scope of Employment
If the injury happens while engaging in activities unrelated to your job duties, it may not be covered. For example, injuries may not be covered if you were:
- Injured while engaging in horseplay or roughhousing
- Performing personal tasks during work hours
Injuries Caused by Intoxication or Drug Use
If an injury occurs while an employee is under the influence of drugs or alcohol, workers’ compensation benefits may be denied. Employers often require drug testing after workplace accidents, and a positive test result can disqualify you from receiving benefits.
Intentional or Self-Inflicted Injuries
Injuries that are intentionally caused by the employee, such as self-inflicted wounds, are not covered under workers’ compensation laws. The system is designed to provide benefits for accidental injuries, not deliberate acts.
Pre-Existing Conditions Without Aggravation
Workers’ compensation does not cover pre-existing conditions unless work activities significantly aggravate or worsen the condition. For example, if you have a pre-existing back injury and your job duties exacerbate it, you may be eligible. However, if the condition remains unchanged, benefits may be denied.
Injuries Not Reported Within 30 Days
Under Georgia law, employees must report a workplace injury to their employer within 30 days. Failure to meet this deadline may result in a denial of your claim. Prompt reporting ensures that injuries are properly documented and addressed.
Injuries That Are Psychological or Emotional in Nature
Georgia’s workers’ compensation system generally only covers injuries with a physical component. Purely psychological or emotional injuries, such as stress or anxiety unrelated to a physical injury, are typically not covered.
Talk to Us After an Accident at Your Job
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 workers’ compensation laws as support. We refuse to allow you to get less than you need for your recovery or to get shut out of the workers’ compensation system.
Call us or fill out the form to your right and get your free initial consultation today.
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