Workers who suffer injuries or illnesses while performing their jobs in Atlanta, Georgia, can apply for workers’ compensation benefits, and our lawyers can help. Even if you made a mistake or contributed to your accident somehow, you have the right to seek compensation for medical bills and lost wages under Georgia law.
Whether you were hurt in a Kia Motors manufacturing plant or slipped and fell at work at Hartsfield-Jackson Atlanta International Airport, our Atlanta personal injury lawyers can help. Our Atlanta workers’ compensation lawyers from Kaine Law can inform you of the benefits you could seek and help you navigate the claims process.
Benefits You Can Receive After a Work Injury in Georgia
All workers injured on the job are eligible to seek coverage for medically necessary care. However, the type of income replacement benefits you can receive is based on your average weekly wage and the severity of your injury or illness. In general, your average weekly wage is based on your salary or earnings during the 13 weeks before your incident.
The Georgia State Board of Workers’ Compensation (SBWC) explains the types of benefits you can be eligible for after suffering a workplace injury:
Temporary Total Disability Benefits
If your work-related injury prevents you from working for seven days, you can file a claim for two-thirds of your average weekly pay, up to $675 per week.
You can receive benefits until you reach your maximum medical improvement (MMI) or until 400 weeks pass from the date of your injury. If you suffered a catastrophic injury, however, you may be able to seek benefits beyond 400 weeks.
Temporary Partial Disability Benefits
You may still be able to work, but in a different capacity that pays lower wages than you earned before your injury. In that case, you may qualify for two-thirds of the difference between your weekly average salary and your earnings after the injury.
These benefits are capped at $450 per week. They last for up to 350 weeks after the date of your injury.
Permanent Disability Benefits
After you reach your maximum medical improvement, you may continue to receive benefits if a doctor deems you permanently disabled.
These benefits will typically be calculated based on the temporary total disability rate, and you may be able to receive them in the form of a lump sum.
Other Forms of Benefits
You may be eligible to receive other types of workers’ compensation benefits, such as mileage reimbursement for traveling to your doctors’ appointments.
Death benefits and funeral benefits may also apply to surviving family members who lost their loved ones to a work-related injury.
For a free legal consultation with a workers' compensation lawyer serving Atlanta, call 404-214-2001
How Our Lawyers Can Help You Receive Workers’ Compensation Benefits
There are important deadlines and procedures to be aware of when you’re seeking workers’ compensation. The claims process can be complicated to navigate, making it important to work with an Atlanta workers’ compensation attorney.
Our attorneys know your rights under Georgia law, and an Atlanta workers’ compensation lawyer from our office can help you fight for them. They can help you build a claim so you can move through the workers’ compensation system more smoothly.
Our Attorneys Can File Your Workers’ Compensation Claim
You can rest assured that our legal team will handle your claim expeditiously. We can gather the proper documentation to file a complete and accurate claim.
When your claim is filed correctly and on time, you can avoid unnecessary delays in the process of receiving your benefits.
Our Attorneys Can Appeal Your Denied Claim
If your employer contests your claim for workers’ compensation benefits, we can help you exercise your rights under O.C.G.A. § 34-9-103 and file an appeal. Having a lawyer by your side can be especially helpful during the appeals process, as we can represent you during hearings.
There are strict deadlines for responding to notices and submitting paperwork throughout the appeals process. Your workers’ compensation attorney can ensure the following steps take place on time:
- Filing an appeal within the allotted 20 days of the administrative law judge’s decision
- Scheduling a hearing before the Appellate Division
- Filing briefs for the Appellate Division’s review before a scheduled hearing
- Appealing the award given by the Appellate Division, per O.C.G.A. § 34-9-105
Our Attorneys Will Work on Your Workers’ Compensation Case at No Cost
We know that you are already stressed out about finances after a workplace accident. Our workers’ compensation lawyers work on a contingency-fee-basis. You pay our attorneys nothing unless and until you receive benefits.
Take the Next Steps and File a Claim for Workers’ Compensation Benefits in Atlanta
You should take several important actions when you suffer injuries at work. Consider the following:
Report Your Injury Immediately
It’s crucial to take steps for your case promptly. You should be aware of some important deadlines that affect your right to seek benefits:
- If you suffer harm at work, you need to notify your employer within 30 days.
- You have up to a year after the accident to file a claim with the State Board of Workers’ Compensation.
Seek Medical Care and Follow Your Doctors’ Orders
The next most important step to take for your case is to get medical treatment. This will allow you to document that:
- Your injury occurred at work.
- Your injury prevents you from returning to work or limits your working ability.
Of course, it’s also crucial to seek treatment for your own health. The sooner you get care, the sooner you can begin the recovery process. Once you see your doctor, follow the treatment plan they advise. Take any prescribed medications, attend any follow-up appointments, and get any other care they deem necessary.
This will serve to document the progression of your injuries, verify your continued inability to work, and show that you took steps to mitigate your own injuries. The last thing you want is for an insurance company to deny or undervalue your claim because you delayed or rejected medical care.
Get a Free Case Review With Our Team Before Filing for Benefits
After you receive initial care, get a free consultation from our team. You may benefit from this consultation because:
- It’s free and comes with no risk or obligation.
- We can tell you what benefits you may be able to seek.
- We can let you know if filing a third-party claim could be possible in your case.
It’s important to know your rights and options, and getting a case review can help you understand both of those things.
You Could Be Eligible to File a Third-Party Claim for Additional Compensation
In some situations, workers could be eligible to seek additional types of compensation beyond workers’ compensation benefits. If you can file a third-party injury claim, you could recover most or all of your injury-related expenses.
In a third-party injury case, you could recover compensation from anyone who is legally responsible for your injury. This may include parties such as:
- A contractor or subcontractor
- A supplier
- A manufacturer
- Delivery companies
- A cargo loading company
- A vehicle driver
- A property owner
Other parties may also be liable for your injury. After investigating your case, our team will be able to tell you if you are eligible to file a third-party injury claim.
Compensation Available in a Third-Party Injury Case
Through a personal injury claim or lawsuit, our team can help you seek compensation for:
- Medical bills (past, present, and future)
- Lost income
- Reduced earning capacity
- Pain and suffering
- Mental anguish
As you can see, a third-party claim may allow you to seek damages for emotional losses, such as pain and suffering. You could also seek a higher amount of compensation for your income losses and the long-term effects on your working capacity.
You could receive these damages in addition to any workers’ compensation claim you are making or the benefits you are receiving.
Proving Negligence in a Third-Party Liability Case
Unlike workers’ compensation cases, you will have to demonstrate evidence of negligence to pursue compensation from a third party. This is something our Atlanta personal injury lawyers can also help with.
Specifically, we can work to prove that the third party:
- Owed you a duty of care to keep you reasonably safe on the job
- Breached that duty of care through some action or inaction
- Directly caused or contributed to your workplace accident through that breach
- Caused your accident-related injuries and losses
We can gather evidence from a variety of sources, such as expert witness testimony and police or incident reports.
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Types of On-the-Job Injuries Our Atlanta Attorneys Can Assist You with
Even with the regulations mandated by the Occupational Safety and Health Administration (OSHA), injuries on the job happen every day in Atlanta and vary greatly depending on the job and circumstances.
Our attorneys can help injured workers who are impacted by work-related injuries such as:
- Catastrophic injuries
- Broken bones
- Spinal cord injury
- Back and neck injury
- Traumatic brain injury (TBI)
- Sprains and strains
- Repetitive motion injury
- Respiratory illness
These injuries may be caused by collapsing structures or scaffolding, mechanical failures, vehicle crashes, explosions, fires, chemical spills, and more. We can also assist you if you’re facing an injury beyond those listed here.
Our attorneys will analyze the circumstances and nature of your on-the-job accident and resulting injuries to help you understand your options and rights. We can then work to collect the compensation that you are entitled to, whether you qualify for workers’ compensation or claims against a third party.
An Atlanta Workers’ Compensation Lawyer from Our Firm Can Get to Work on Your Case
A job site injury can leave you out of work and unable to support your family. The attorneys at Kaine Law can stand by your side and help you obtain workers’ compensation or other forms of financial recovery you deserve.
To speak to a member of our team, contact us today by phone or via our online form. We assist clients from offices in Atlanta, Conyers, Lawrenceville, and Stockbridge. Hablamos Español.