When workers’ compensation works as it’s supposed to, it can be great for employees and their families. Unfortunately, many times receiving benefits from workers’ compensation insurance in Suwanee is surprisingly difficult and more complicated than it needs to be. If you’ve been injured on the job and are having issues with receiving what you’re owed from workers’ compensation insurance, taking to a Suwanee workers’ compensation lawyer can help.
At John Foy & Associates, our attorneys have assisted thousands of Georgian workers who are struggling with workers’ compensation issues. With over two decades of experiences, we know how to look at each situation and take informed action based on what benefits you should get from your insurance. Workers’ compensation was set up to help and protect employees, and we’re on a mission to make sure that continues to happen. That’s why we’d like to offer you a FREE consultation to talk about your case. Call us at 404-400-4000 today for your free consultation call.
I was injured at work. What do I need to know?
If you were injured while at work, the action to receive workers’ compensation starts with you. Employers in Georgia are required to tell you about your benefits, but you’ll have to do specific things to actually receive those benefits:
- Tell your employer about the injury right away. If the situation is an emergency, call 911 first get the medical attention you need (but tell the medical personnel you were injured at work). Otherwise, your employer should hear about the accident right after it happens. They should be able to let you know your best next steps for getting medical care under insurance.
- Get treatment from available doctors. Most companies will have certain doctors or clinics (or a list of them) they use for medical attention based on their workers’ compensation insurance policy. Ask your employer who they use in the City of Suwanee so you know who to see for your work injury. And be sure to specify to your employer that the injury happened at work. This is important because if you see a medical professional outside of the restricted ones, you may not get reimbursed for the costs.
- Be thorough in giving details. You might worry that if the injury was partly your fault, you won’t get any benefits. But with workers’ compensation, this is not an issue. Since workers’ comp is a no-fault system, you should still be able to get the care and benefits you need no matter who was to blame for the injury. And it’s in your best interest to tell the doctor you see everything about how the injury occurred so you get the proper treatment needed.
- Keep detailed notes. Besides the medical records about your injury, personal notes on yourself can be beneficial in your case too. Keep records about changes in your injury and recovery, any dialogue between you and your employer, and everything you do at work. Write down any people who may have witnessed your accident and get their information. You might especially need this is a witness was a fellow employee and isn’t still at the same job by the time you go to court.
- Contact a Suwanee workers’ compensation lawyer. Speaking with an attorney who has experience with this type of situation can help you understand the best options and ensure you get all the benefits you should (and that you might not realize are possible) following the injury.
Are all employers required to provide workers’ compensation in Suwanee?
Employers in Georgia are required by law to carry a workers’ compensation insurance policy if they have three or more employees. In the case of a work injury, the insurer pays the claim, not the employer themselves.
It’s important to know that it’s impossible to sue your employer in a workers’ compensation claim. However, you can take legal action if the employer was required to have the workers’ comp insurance and doesn’t have it. This is actually quite common, so it’s good to discuss with your lawyer especially if you were told there is no workers’ compensation available.
What is the process for a workers’ compensation claim?
Once you’ve been injured at work, you have 30 days to file a “notice of injury” with your employer. This is why it’s so important to let them know about the accident right away to avoid delaying the process or losing benefits altogether.
Next, you’ll need to file a WC-14 form with the Georgia State Board of Workers’ Compensation. And before your case can move forward, several factors will need to be addressed including:
- Determining where at the workplace the injury happened
- Proof that the injury occurred due to the type of work
- Confirmation that you’re employed by the employer
- Access to your wage records
- Making sure the Georgia State Board of Workers’ Compensation has jurisdiction
Another crucial step is seeing a doctor under your employer’s insurance.
For most of these steps, you’ll want to work with an experience lawyer who can help you with the filing and ensure you pick the right doctor, especially if your claim gets denied and you need to seek a second opinion for your appeal.
What are my options if my claim was denied?
Once you’ve submitted your claim, there’s unfortunately no guarantee it will be approved. A claim could be denied for a number of reasons, including the employer claiming the injury was due to your own negligence, misinformation about your eligibility for workers comp, a negative performance review, or a false claim that your injury has healed already.
If your workers’ comp claim does get denied, the appeals process in the State of Georgia starts with a hearing within 60 days of the judge getting your file. The judge will then either award or deny your claim after hearing from both sides in the case.
A workers’ compensation lawyer can help you navigate the reasons for the denial, represent you at hearings, and increase your chances of winning the appeals process.
Talk to a Suwanee Workers’ Compensation Lawyer for Free
Don’t worry about missing out on workers’ compensation benefits you deserve. Our attorneys at John Foy & Associates are ready to help you through the process and reduce the burden of pursuing the benefits from your work injury. Let’s talk about your case today and how we can help by scheduling a FREE consultation call with you. Simply reach us at 404-400-4000 or fill out the form to your right to receive your free consultation.