404-636-4900 Under Georgia’s law, you’re entitled to recover compensation to cover your damages if you have been involved in an accident at work. At Deming Parker, we have over five decades of legal expertise handling personal injury cases in Georgia, including workers’ compensation cases in Macon. We can analyze your situation to provide you with effective legal strategies, always focusing on securing the rightful benefits necessary to cover the costs associated with workplace injuries.
Need expert legal advice? Our experienced team of injury attorneys are here to help. Call our personal injury lawyers in the state of Georgia at (404) 636-4900 or contact us online.
How Our Attorneys Serve Injured Workers in Macon
According to the U.S. Bureau of Labor Statistics, the private industry reported a significant number of nonfatal workplace injuries and illnesses during past reports, with an incidence rate of 2.7 cases per 100 FTE workers. If this is unfortunately your situation, you can recover compensation in cases of workplace accidents. This includes accidents caused by overexertion, contact with objects and equipment, and exposure to harmful substances or environments.
In Georgia, the maximum amount a workers’ compensation lawyer can collect from a case is 25% of the settlement. This is lower compared to other personal injury cases, where the attorney fees typically range from 33% to 40%. Additionally, workers’ compensation cases often require a significant amount of work.
Pursuing legal action in this context requires navigating legal procedures adhering to different requirements and timeframes, gathering evidence, and negotiating with insurance companies. Overall, our attorneys at Deming Parker assist with:
- Legal representation to advocate for your rights and craft an appropriate legal strategy.
- Comprehensive investigations to uncover all relevant facts and gather the necessary evidence.
- Strategic negotiation to ensure you receive fair compensation to cover all your damages.
- Litigation support to represent your interests in court if necessary.
Our team of personal injury lawyers in Macon will guide you through each step of your workers’ compensation claim so you can focus on recovery while we work to get you compensated. With our extensive experience and knowledge of how laws apply to your case, we are well-equipped to handle your case while maximizing as much as possible your compensation amount.
We Help You Understand Employer Responsibilities and Your Right to Compensation
Workers’ compensation is a system designed to provide benefits to employees who suffer job-related injuries or illnesses, protecting them from financial losses. In Macon, you have the right to compensation if your injury is work-related, and employers are responsible under the law for providing a safe work environment and compensating employees for any injuries that occur on the job. In Georgia, workers’ compensation operates on a no-fault system, meaning employees are entitled to benefits regardless of who caused their injury or illness. Therefore, you can receive workers’ comp in Georgia even if your own mistake led to your injuries.
In fact, according to Georgia Code 34-9-8, employers, including principal contractors or subcontractors, are held liable for compensation to employees injured in the course of their employment. This liability extends to injuries you sustain while working for any of the employer’s subcontractors engaged in the contract’s subject matter.
If you and your employer reach a workman’s comp settlement, you can usually expect to receive the settlement check within one to two months, depending on the length of time it takes to draft up the settlement paperwork and have the terms of the settlement approved by the State Board of Workers’ Compensation.
Some of the most common workplace injuries you could sustain include:
- Slip and fall accidents
- Repetitive motion injuries
- Machinery accidents
- Exposure to harmful substances
- Work-related illnesses
- Motor vehicle accidents
Don’t Know If You Qualify for Workplace Injury Compensation? Our Lawyers Will Analyze Your Case
Our attorneys at Deming Parker will assess your case to determine if you have the right to compensation. For this, we’ll consider factors such as the nature of the injury, the circumstances under which it occurred, and your employment status. As our case results show, we’re committed to helping you get the best possible outcome for your situation.
To determine if you qualify for workers’ compensation in Georgia, we will consider the following:
- Employee status: You must be an employee of the company or organization. Independent contractors, freelancers, and some other types of workers may not be eligible.
- Employer coverage: Your employer must be covered by workers’ compensation insurance. In Georgia, any business with three or more employees, including part-time workers, is required to have workers’ compensation insurance.
- Work-related injury or illness: The injury or illness must be related to your work. This means it should have occurred while you were performing job duties or as a result of your employment.
- Timely reporting: You need to report your injury to your employer as soon as possible. In Georgia, you should report the injury within 30 days to remain eligible for workers’ compensation benefits.
- Medical treatment: Seeking medical treatment and following the prescribed course of treatment is important. Keep in mind that you may be required to see a doctor approved by your employer or their insurance company.
- Filing a claim: You must file a workers’ compensation claim within the statute of limitations time frame to be eligible to receive workers’ compensation (usually two years from the day of the accident).
- Compliance with procedures: All required forms must be filled out correctly and submitted within the deadlines. Non-compliance often leads to a denial of benefits.
If you meet these criteria, you are likely eligible for workers’ compensation benefits in Georgia. However, each case is unique, and various factors can affect your eligibility. To understand your rights and ensure you’re taking the correct steps to receive the benefits you’re entitled to, a lawyer’s knowledge is indispensable.
What Are the Workers’ Compensation Laws in Georgia?
Georgia’s workers’ compensation laws are designed to provide financial support and medical benefits to employees who are injured or become ill due to their job duties.
Any employer with three or more employees, whether full-time, part-time, or seasonal, is required to carry workers’ compensation insurance. This includes corporate officers and members of limited liability companies, who are also considered employees for coverage purposes.
No-Fault System
Georgia operates under a no-fault system, meaning that employees are entitled to benefits for work-related injuries or illnesses regardless of who caused the injury.
Benefits Provided
Workers’ compensation covers medical expenses related to the injury, rehabilitation costs, and disability benefits for lost wages. Benefits can be provided for temporary or permanent disabilities and can last up to 400 weeks, depending on the severity of the injury.
If an employee dies due to a work-related incident, their dependents are entitled to receive two-thirds of the employee’s average weekly wage.
Reasons You Could Be Denied Benefits
Workers’ compensation benefits in Georgia are not guaranteed just because you file a claim, and several reasons could lead to a denial, such as:
- Late reporting: Failing to report your injury within the 30-day window.
- Inadequate evidence: Not providing sufficient medical documentation or witness statements to prove your injury is work-related.
- Pre-existing conditions: if your injury is determined to be caused by a pre-existing condition and not by your work duties.
- Non-compliance with treatment: not following prescribed medical treatment can result in your claim being denied.
If your workers’ compensation claim is denied, you have the right to appeal the decision. Our Macon workers’ compensation lawyers can guide you through the appeal process, helping you gather the necessary evidence and presenting a strong case on your behalf.
What to Expect If You Decide to Seek Workers’ Compensation in Macon
When you decide to seek workers’ compensation in Georgia, the process begins with promptly reporting your injury to your employer. It’s crucial to do this as soon as possible, ideally immediately after the injury occurs. Additionally, it’s important to know that Georgia Code 9-3-33 mandates a specific timeframe for personal injury cases, which is typically two years.
After reporting the injury, the next step is to seek medical attention. Your employer may provide a list of approved healthcare providers, and any related costs are typically covered by your employer’s workers’ compensation insurance. Then, it’s necessary to file a workers’ compensation claim, after which the insurance company conducts an investigation. This process involves reviewing your medical records, employment history, and the circumstances surrounding your injury to determine the validity of your claim.
The outcome of this investigation will lead to either the approval or denial of your claim. If approved, you will start receiving workers’ compensation benefits, which are usually a fraction of your average weekly wage, subject to a state-mandated maximum limit. In cases of permanent partial disability resulting from the injury, you may also be eligible for additional benefits.
Appealing a Workers’ Compensation Claim
If your claim is denied, you have the right to appeal the decision which, in Georgia, involves filing a claim with the State Board of Workers’ Compensation and may require attending a hearing to present your case.
If you decide to pursue workers’ compensation, our attorneys will be by your side every step of the way. We’ll help you navigate the claims process, ensure your medical expenses are covered, and fight to secure the full benefits you’re entitled to under Georgia law.
Could I Lose My Job If I File a Workers’ Compensation Claim?
In Georgia, it is possible to lose your job after filing a workers’ compensation claim, as the state operates under ”at-will” employment laws. This means that employers can terminate employees for almost any reason, including while they are receiving workers’ compensation benefits.
However, it is illegal for an employer to fire an employee solely in retaliation for filing a workers’ compensation claim. Proving that termination was retaliatory can be challenging, as employers often provide other reasons for the termination that may appear legitimate, such as performance issues or company downsizing.
Legitimate Reasons for Termination
Employers can legally terminate employees for reasons such as company restructuring, poor job performance, or violations of company policy, even if the employee is on workers’ compensation. However, if the termination is found to be linked to the workers’ compensation claim, it could be considered retaliatory.
Need expert legal advice? Our experienced team of injury attorneys are here to help. Call our personal injury lawyers in the state of Georgia at (404) 636-4900 or contact us online.
Contact Our Lawyers in Macon to Assist With Your Workplace Injury Case
If you’ve suffered a workplace injury in Macon, you don’t have to navigate the legal system alone. We can give you the peace of mind that comes with knowing that every legal aspect of your case is taken care of. Contact us today to schedule a free consultation with our team in Macon. During this call, we’ll discuss your case and the best legal strategy to pursue moving forward.
