If you live in the Atlanta area and have been injured while working your job, you are likely entitled to financial recovery through workers’ compensation insurance. But a workers comp case is rarely as straightforward as you’d like. Although your employer should have coverage through an insurance company responsible for covering your damages, it’s common for insurers to make the process difficult.
This is where a work injury lawyer comes in. They can help you account for all your expenses and strong arm the workers’ comp insurance company into paying. And to take on and win a case, there are certain details a workers compensation lawyer will be seeking out in your case. To understand what those things are and other important factors in a successful claim, we’ll cover how a workers compensation lawyer can help and what they look for when trying to win your case.
How a Work Injury Lawyer in Atlanta Works
A personal injury lawyer who has experience with work injury cases will be looking to get you the best workers compensation payout for the injury you suffered.
Your employer is usually not involved in the claims process for a work injury—everything goes through the insurance company that provides the workers’ comp coverage. But since insurance companies are looking to pay out as little as they can, you might experience a lot of pushback. The insurer may try to say your injuries aren’t as bad as you’re claiming, or they could deny that you weren’t actually injured on the job. In any of these cases, a work injury lawyer can help you build a solid case showing:
- The extent of your injuries and other damages
- How the injury happened
- That the injury happened at work
A work injury lawyer will analyze a number of factors when preparing your case.
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Five Factors a Work Injury Lawyer Looks for in a Case
To build a successful case and be prepared to take it on, a good lawyer will focus on key factors in proving your damages.
1. Documentation of the Injury.
As with any personal injury claim, your lawyer will need to help you demonstrate proof of your injuries. That includes compiling evidence like:
- Medical records
- Doctor and hospital bills
- Receipts for prescription medications and treatments
- X-rays and other reports
- Any diagnoses and treatment plans made by your doctor
- Pictures of your injuries after they happened
- Any need for ongoing treatment
This is why it’s so important to let your employer (or a supervisor) know as soon as you’ve been injured at your job. You have 30 days to do so, but the sooner, the better. It will create the first record of the injury. Then, you’ll need to see a doctor.
2. Proof the Injury Happened at Work.
Since workers compensation insurance only covers injuries that happened at work (or during your line of work), you’ll need to demonstrate this. Telling a supervisor right after the injury happened is a good start. So is taking pictures of the injury and the scene, including any hazards or unsafe conditions that led to the accident.
Your injuries may also be covered if you were driving to a work-related meeting, traveling for work, or injured while driving a company vehicle. Your lawyer can help you figure out what all is covered.
3. Workers Compensation Coverage from the Employer.
Under Georgia law, any employer with three or more employees is required to carry workers compensation insurance.
It’s surprisingly common for employers to never actually purchase the workers’ comp coverage they are legally required to have, so a work injury lawyer can also help you take legal action if that’s the case.
4. Witness Testimony.
If co-workers or anyone else saw your accident happen, their testimony can be incredibly helpful in proving your injury happened at work. Your lawyer will likely reach out to any witnesses when preparing your claim.
5. Catastrophic Injuries.
A number of injuries are covered by workers compensation laws. When filing your case, your injuries might be defined as either “non-catastrophic” or “catastrophic.” This can determine how much financial recovery you’ll receive—and if you have a catastrophic injury, that amount can be much higher. Catastrophic injuries are severe and can include:
- Limb amputations
- Severe brain injuries
- Spinal cord injuries with severe paralysis
- Second or third-degree burns
- Any other injury that prevents you from doing almost any work
In these situations, your lawyer may also help you seek financial recovery that attempts to put you back in the same situation as before the accident.
Talk to a Work Injury Lawyer for Free Today
Insurance companies are mostly focused on helping their clients, not workers who should be covered under them. At John Foy & Associates, we are dedicated to helping injured workers get the financial recovery needed to get better and move on from the injury as soon as possible. We have a 20+ year track record of successes with work injuries. For a FREE consultation with one of our work injury lawyers, call us today at 404-400-4000, or fill out the form to the right to get started.