Almost all workers in Kennesaw are covered by a workers compensation policy—even if you don’t know it. And when you get hurt at the workplace, that policy can be of crucial importance. It gives you a right to medical care, paid time off, and help getting back on your feet. Unfortunately, just because the policy is there does not mean you’ll be offered a fair amount. You need to talk to a Kennesaw workers compensation lawyer.
The attorneys of John Foy & Associates are here for you. We have built a 20+ year reputation as some of the toughest, most effective, and most respected workers compensation lawyers in the state. We have devoted our entire practice to one thing: helping those who have been injured or wronged. Let us give you a free consultation, take your side, and help you get the money you deserve. Call us at 404-400-4000 and get your free consultation today.
What are my rights under workers compensation laws in Kennesaw?
The City of Kennesaw follows state and federal law for workers compensation, and almost anyone with a paying job is covered. These laws give you three basic rights:
- You have a right to a financial recovery if you are injured in the workplace
- You do not have to sue your employer to get this money
- You cannot be fired or punished because of it
While the laws around this system are complex, the system itself is simple. Most employers are required to carry an insurance policy that covers workplace injuries. The policy is paid for partly by the employer, but partly by deductions from employees’ paychecks. In other words, you have already paid into the system even if you never needed to use it before.
Then, any time an employee is injured on the job, the insurance policy pays out a claim to cover their medical bills and other expenses. No lawsuit is needed; you simply file your claim and get paid. At least in theory.
The reality, however, is that the claims are still paid by private insurance companies—who have an incentive to make profit. That means they will seek to deny or underpay any claim if they can get away with it. In many cases, they will claim the injury didn’t happen at work at all.
You have a right to have a lawyer handle your claim and negotiate with the insurance company on your behalf. This is often the single best thing you can do to make sure you get all of the money you deserve.
What industries are covered by workers compensation in Kennesaw?
Workers compensation applies equally to ALL industries. It does not matter what kind of job you do.
The majority of the claims we see are in construction and other high-risk occupations. These occupations have a high injury rate, and as a result they get the most claims. But workers compensation does not stop there.
We have seen claims for all kinds of workers:
- Office workers who slip and fall
- Wait staff injured on the job
- Repetitive stress injuries
- Back injuries from lifting large objects
People can be injured at work no matter what kind of job they do, and our workers compensation laws protect all occupations equally.
How do I know if my injury is covered by workers comp?
Here are the main requirements for qualifying for workers compensation:
- Your injury happened while you were working for your employer. In most cases that means on the premises—in the office, at a construction site, or in the physical workplace. However, you are also covered off-premises if you are away doing something your job required you to do. For example, if you are delivery person you are covered throughout your entire route. And everyone is covered while attending offsite meetings or performing other work errands.
- It does not matter who is at fault. You have the same right to compensation whether the injury was caused by your job or not. Even if it was a total accident, if it happened at work, it’s covered.
- You don’t have to blame anyone. The only thing you have to establish is that your injury happened at the workplace or on the job. You don’t need to accuse your employer of any wrongdoing.
Often, we see people who have a perfectly valid workers compensation claim but have talked themselves into thinking they don’t. Never second guess your rights. Workers compensation exists for a reason, and you have already paid into it with your own wages—you have a right to use it.
Are there exceptions where I am NOT covered?
Yes, but they’re rare.
The two main exceptions involve where an injury happened and whether it’s physical:
- Off-premise injuries. As discussed above, you have a right to workers compensation off-premises if you were doing something required for your job. Unfortunately, this does not include commuting. Accidents during your commute are not covered. Likewise, if you are injured in the parking lot or outside, it’s only covered if it’s part of the premises owned by your employer.
- Non-physical injuries. Workers compensation does allow claims for psychological trauma, but only if there was also a physical injury that went along with it.
The insurance company is saying I don’t have a valid workers comp claim. What should I do?
We see this tactic a lot. Do not be discouraged—if your injury happened at work, it is covered and you do have a claim.
When insurers say you don’t have a claim, they’re usually accusing you of lying. They’re saying the injury actually happened somewhere else, not at work, or that you had it long before you started your job. But we can help you assemble evidence to prove your case:
- We can help you see a specialist doctor who can provide a professional opinion on your injury
- We can draw on testimony from friends, family and coworkers to show when the injury first developed
- We can prove that work aggravated an existing condition and made it worse
Never let yourself be talked out of the money you deserve. You need to talk to a lawyer.
Talk to a Kennesaw Workers Compensation Lawyer for Free
Dealing with insurance companies is the last thing you need after an injury. Our attorneys can handle your claim for you—and help you get every dollar you deserve. Let us give you a FREE consultation. Call us at 404-400-4000 or fill out the form to your right and get your free consultation today.