Savannah Workers Compensation Lawyer

With decades of experience serving the local community, we are aware of the laws and regulations that are often ignored by employers. And our team of workers’ compensation lawyers is here to help you claim for the justice you deserve.

How Our Lawyers Serve Workers Who Claim Compensation in Savannah

With a rate of 2.5 cases of workplace injuries per 100 full-time equivalent workers in Georgia, Savannah workers don’t escape from fatalities that leave victims and families struggling with life-altering consequences. When a workplace injury occurs in Savannah, the legal implications are immediate and multifaceted. 

At Deming Law, we specialize in workers’ compensation law, offering a full suite of legal services to injured workers. Our primary objective is to secure the complete range of benefits you are entitled to under Georgia’s workers’ compensation statutes.

Our attorneys employ a rigorous approach, beginning with an initial consultation to assess the merits of your case. This is followed by an exhaustive investigation, which includes a review of workplace safety protocols, an analysis of the incident’s circumstances, and the identification of any potential third-party liabilities.

Injuries That Allow You to Claim for Compensation

Eligibility for workers’ compensation benefits in Georgia is contingent upon a wide range of injuries in some specific cases, as outlined in the Georgia Code. Our legal team is skilled in identifying which injuries meet the criteria for compensation, according to the circumstances surrounding your case.

During our time serving injured workers, we have seen these common injuries repeated in the claims of victims and families:

• Musculoskeletal disorders: Such as sprains, strains, and fractures.
• Occupational illnesses: Including asbestos-induced mesothelioma.
• Cranial trauma: Resulting from falls or blunt force impact.
• Thermal injuries: Arising from fire, chemicals, or electrical incidents.
• Vertebral damage: Occurring from heavy lifting or machinery-related incidents.

Our attorneys are well-versed in the latest legislative amendments and local laws that affect compensable injuries. We collaborate with medical professionals to provide robust medical evidence, strengthening your claim for compensation.

Types of Workplace Accidents We Handle in Savannah

Workplace incidents are diverse, each presenting its own set of legal challenges and possibilities to grant compensation. At our law firm in Savannah, our attorneys are experienced in handling a wide array of workplace accidents that qualify for compensation under Georgia law:

• Slip and Fall Incidents: Often occurring due to wet or uneven surfaces.
• Equipment Malfunctions: Such as failures in machinery that lead to injuries.
• Chemical Exposures: Involving hazardous substances that can cause burns or respiratory issues.
• Vehicle Accidents: Including forklifts or other workplace vehicles.
• Electrical Incidents: Such as shocks or burns from electrical equipment.
• Wrongful death: In the worst cases, we help families receive a fair amount of compensation to cover their expenses and rebuild their lives. We know there’s no amount of compensation that could help to heal such scar, but we also have seen how the right amount can help to alleviate their economic burden.

Our approach is comprehensive, involving a meticulous investigation into the circumstances of the incident. This includes an examination of safety protocols, equipment maintenance logs, and overall workplace conditions. We also evaluate the potential liability of third parties, such as equipment manufacturers or subcontractors, to ensure that all avenues for compensation are rigorously pursued.

Documenting the Workplace Injury

From the moment the injury occurs, every piece of evidence, every medical report, and every witness statement becomes a building block in constructing a compelling case for your claim.

Here’s how you can ensure your injury is well-documented:

1. Report the injury immediately: Notify your employer about the injury as soon as possible, ideally in writing, to create an official record.
2. Seek medical attention: Visit a healthcare provider to get your injuries assessed. Ensure the medical report details the extent of your injuries and their relation to the workplace accident.
3. Collect witness statements: If there were any witnesses to the incident, obtain their contact information and written statements about what they saw.
4. Photograph the scene and injuries: Take pictures of where the accident occurred and any visible injuries. This visual evidence can be compelling.

By following these steps, you create a comprehensive evidence package that supports your claim, helping to streamline the compensation process.

What is Workers’ Compensation Insurance?

Georgia law requires businesses with three or more employees, including those with part-time workers, to have workers’ compensation insurance. It is administered through a contract with the Department of Administrative Services (DOAS) and the Amerisys Managed Care Organization and ensures that workers do not face the financial hardships of medical bills and lost wages on their own. Instead, it provides a structured avenue for them to receive necessary medical care and financial support during their recovery period. The essence of workers’ compensation insurance lies in its no-fault nature, allowing employees to receive benefits without the need to prove their employer was at fault for their injury.

How to Appeal a Denied Claim

If your workers’ compensation claim in Georgia has been denied, it’s crucial to understand that this isn’t the end of the road. Claims can be denied for a variety of reasons, ranging from disputes over the severity of the injury to questions about whether the injury is work-related. However, Georgia law provides injured workers with the right to appeal these decisions by considering these options:

File a Hearing Request

Begin by filing a Form WC-14 with the State Board of Workers’ Compensation to request a formal hearing. This step initiates the appeal process by bringing your case before an administrative law judge.

Hearing Before an Administrative Law Judge

This hearing is your opportunity to present evidence and argue your case for benefits. It’s akin to a trial where both sides can present their arguments.

Appeal to the Board’s Appellate Division

Disagreeing with the judge’s decision allows you to appeal to the Appellate Division of the Board within 20 days, offering another chance to argue your case.

Appeal to the Superior Court

As a final recourse, you can take your appeal to the Georgia Superior Court if the Appellate Division’s decision is unfavorable, maintaining the pursuit of your rightful benefits.

This appeal process is designed to ensure that every worker has the opportunity to present their case fully and to seek a fair review if the initial claim is denied. If you are dealing with a denied workers’ compensation claim, don’t hesitate to consult us to evaluate the best options with the help of a legal expert.

Steps in the Process of Claiming Compensation

Navigating the legal process of workers’ compensation claims involves a series of critical steps. At our law firm, our attorneys guide you through each phase of this intricate process:

1. Initial consultation: A comprehensive evaluation of your case to determine its merits.
2. Claim filing: Assistance with the submission of the necessary forms and documentation.
3. Medical evaluation: Coordination with healthcare providers to establish the extent of your injuries.
4. Negotiation with insurers: Strategic discussions with insurance companies to secure a fair settlement.
5. Legal proceedings: Representation in hearings or trials, if necessary, to advocate for your rights.

From the initial consultation to the final settlement or court verdict, our attorneys are committed to ensuring that you receive the compensation you are rightfully entitled to. We understand that each case is unique, and we tailor our approach to meet the specific needs and challenges of your situation.

Employer Obligations and Compliance

Navigating the complexities of a workers’ compensation claim is not solely the responsibility of the injured worker. Employers, too, have stringent legal obligations they must fulfill under Georgia law. Failure to adhere to these mandates can result in legal consequences, including penalties and additional liability.

We are committed to ensuring that employers meet these obligations, thereby strengthening your claim and maximizing your potential recovery.

Timely Reporting

Georgia law mandates that employers must report workplace injuries to the State Board of Workers’ Compensation within 30 days of the incident. Failure to do so can result in penalties, including fines. At Deming Law, we ensure that employers adhere to this critical timeframe, as it can significantly impact the outcome of your claim.

Provision of Medical Assistance

Employers are also obligated to provide immediate medical assistance to injured workers. This includes arranging for emergency medical care and maintaining a posted list of healthcare providers, known as the Panel of Physicians, from which injured workers can choose.

Non-compliance with this provision can lead to legal repercussions, including liability for additional medical costs.

Employer Retaliation Prohibited

Retaliating against an employee for filing a workers’ compensation claim is strictly prohibited under Georgia law. We are vigilant in monitoring employer behavior post-claim and are prepared to initiate legal action should any form of retaliation occur.

Contact Us to Help You Maximize Your Recovery from a Workplace Accident in Savannah

If you or a loved one has suffered a workplace injury in Savannah, the time to act is now. Contact us today for a free consultation to discuss your legal options. Our attorneys are committed to providing you with the legal representation you deserve.

FAQs Related to Workers’ Compensation Cases in Savannah

What is the Time Limit for Filing a Workers’ Compensation Claim in Georgia?

In Georgia, the statute of limitations for filing a workers’ compensation claim is one year from the date of the injury.

Can You Sue Your Employer for Negligence in GA?

In Georgia, the workers’ compensation system is designed as an exclusive remedy for workplace injuries, meaning you typically cannot sue your employer for negligence if injured on the job. This system ensures employees receive timely medical treatment and compensation for lost wages without the need to prove fault.

However, if a third party’s actions contributed to your injury, you might have the legal right to pursue a separate lawsuit against them, potentially covering damages not available under workers’ compensation, such as pain and suffering.

Can I Choose My Own Doctor for a Workers’ Compensation Claim?

Georgia law allows you to select a physician from a list provided by your employer, known as the Panel of Physicians.

What Types of Benefits Can I Expect?

Benefits may include medical expenses, lost wages, and vocational rehabilitation, depending on the specifics of your case.