Workers who suffer injuries or illnesses while performing their jobs in Georgia may be entitled to workers’ compensation benefits.
Even if you made a mistake or contributed to your accident somehow, you have the right to seek monetary damages for your medical bills and lost wages under Georgia law.
How a lawyer can help you receive workers’ comp benefits
Employers carry workers’ compensation insurance to cover workers who are injured on the job or develop an occupational illness over time. However, they aren’t always eager to assist employees with filing claims against their policies.
The road to receiving benefits has many pitfalls.
If you’re not careful, you can say or do something that will jeopardize your chances of receiving benefits. When you work with an attorney who knows your rights under Georgia law and how to build a successful claim, it can make all the difference.
We can file your workers’ comp 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 avoid unnecessary delays in the process of receiving your benefits.
We can appeal your denied claim
If your employer has contested your claim for workers’ comp benefits, we can help you exercise your rights under O.C.G.A. § 34-9-103 and file an appeal.
Injured workers benefit from having an experienced lawyer at their side during the appeals process. Each task requires an understanding of the law and skill with handling a hearing in front of a judge.
There are strict deadlines for responding to notices and submitting paperwork throughout the appeals process. Your workers’ comp attorney can ensure the following steps take place on time:
- File an appeal within the allotted 20 days of the administrative law judge’s decision.
- Schedule a hearing before the Appellate Division.
- File briefs for the Appellate Division’s review before a scheduled hearing.
- Appeal the award given by the Appellate Division to the Superior Court under C.G.A. § 34-9-105.
We will work your workers’ comp case at no cost
Our workers’ compensation lawyers work on a contingency fee basis. You pay us nothing unless and until you receive benefits.
Potential benefits you can receive after a work injury
The type of benefit and amount you can receive is based on an average weekly wage and the impact of your injury or illness. 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 explains the types of workers’ comp benefits you can be eligible for after suffering a workplace injury:
1. 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 must make a minimum of $50 per week to qualify.
- You can receive benefits until you reach your maximum medical improvement or until 400 weeks pass from the date of your injury.
- An exception occurs if you suffered a catastrophic injury.
2. Temporary Partial Disability Benefits
- Suppose you can work in a different capacity but earn less than you did before your injury. In that case, you may qualify for two-thirds of the difference between your weekly average salaries.
- A $450 per week cap exists for these benefits. They don’t last for more than 350 weeks past the date of your injury.
3. Permanent Disability Benefits
- After you have reached your maximum medical improvement, you may continue to receive benefits if a doctor deems you permanently disabled.
- These benefits will follow the temporary total disability rate, and you may be able to receive them in the form of a lump sum.
4. Other Forms of Benefits
- You may be eligible to receive other types of workers’ compensation benefits, such as mileage reimbursement for traveling to your doctor’s appointments.
- Death benefits and funeral benefits may also apply to surviving family members who lost their loved ones in a work-related injury.
Atlanta Injuries on the Job Attorneys
Being hurt while on the job often leads to claims under workers compensation laws. However, workers compensation is often times inadequate for the injuries suffered. If an injury was caused by a third-party or a piece of work equipment, you may be able to recover additional money above and beyond what you are entitled to under workers compensation.
Even with the regulations mandated by the Occupational Safety and Health Administration (OSHA), injuries on the job happen every day and vary greatly depending on the job and circumstances. Common work related accidents that may be caused by third parties for which you are able to recover include:
- Collapsing structures or scaffoldings;
- Over the road truck related accidents; and
- Defective equipment such as ladders.
Manufacturers, delivery companies or even subcontractors are often time at fault for causing injuries. Our lawyers are familiar with the complexities of on the job injuries and will help you recover the compensation you need and deserve.
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 then work to collect the damages that you are entitled to from the person or party who should be held liable for your injuries. These efforts are usually in addition to any workers compensation claim you are making or benefits you are receiving.
If you have been injured in a work related accident, whether you qualify for workers compensation or claims against a third-party, Kaine Law can help you.
Take the next steps & file a claim
• If you have been injured 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 worker’s compensation. If claiming partial disability, you can file within 4 years from the date you received the last payment of income benefits.
When you suffer a work injury, understanding what’s required is difficult which is why it’s important to seek legal help immediately. The laws and legal procedures surrounding work-related injuries can be complex and you need an expert to help you navigate. At Kaine Law, we come with experience, skill, and dedication to make your case a success.
Our lawyers are determined to resolve on the job accidents the best way we know-how. We know that work-related injuries can result in serious consequences that alter your life forever. If you are a victim or a family member of someone who’s been injured at work, we can be your voice. Our friendly workers’ compensation attorney in Atlanta will give you all the legal support you need to get the justice you deserve. We’ll stand by your side throughout the legal process.
Contact a determined Atlanta workers compensation lawyer
A jobsite 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. To speak to a highly qualified lawyer, contact us today by phone at (404) 214-2001 or via our online form. We assist clients from offices in Atlanta, Conyers, Lawrenceville, and Stockbridge. Hablamos español.