We get up, get dressed and go into work. It’s just like any other day. The next thing we know, we’re being carted off the work parking lot on a stretcher. We hope it never happens to us, but people get hurt at work every day. Some of these injuries are minor like a muscle strain. Others are very serious such as a traumatic brain injury. We never think for a second that we won’t be taken care of. We assume that our company is going to pay us for the time we miss. However, this isn’t always the case. Roswell Workers’ Compensation Lawyers will tell you this is not always the case.
There are all kinds of reasons why workers comp won’t honor your claim. It could be due to incorrect paperwork. Perhaps they don’t think your injuries are caused by your work. They also may even believe you are faking your injuries. This is because they have experienced this before. A few bad apples mess up the system for everybody.
The first thing you need to do if you’re hurt at work is report it to your manager or Human Resources. They will contact the workers compensation insurance company to report your injury. They will also coordinate for you to receive medical care from the approved provider. If this is done properly you should start receiving workers comp benefits.
Sometimes, there is a delay in receiving your benefits. This is actually common. If the delay is short, you’ll just want to wait it out. By the time you met with a injury claims attorney, your benefits will have kicked in. However, if you have been waiting more than a few weeks, or if your claim has been denied, you need to contact a workers’ comp attorney.
Workers Comp Attorneys in Roswell, Georgia Will Deal with the Insurance Company
It is Human Resource’s responsibility to complete all the paperwork to get your workers comp claim processed. They may need additional information for you, but it is their job to reach out to you for this information. With all the duties an HR manager has, sometimes your paperwork falls to the wayside. Or, they put it to the side while they’re waiting for a response from the insurance company. Workers comp lawyers in Roswell deal with this every day.
Workers comp attorneys in Roswell constantly here that their clients’ benefits are pending. This is a standard answer for when a claim hasn’t been processed properly. Employees have waited weeks or even months for their benefits to kicked in. They are forced to use all vacation and personal time in the interim. After waiting all this time, they may be told their claim has been denied and they won’t be receiving benefits. When this happens, you need to reach out to one of the workers comp attorneys in Roswell.
If your workers comp claim is denied, you need to call a workers’ compensation lawyer in Roswell. Georgia has specific rules when it comes to workers comp claims. Workers comp attorneys in Roswell know these laws. They will work with the insurance company to get your claim paid. If they can’t do this, they will have to file a workers’ comp lawsuit to get you paid. Workers comp attorneys in Roswell have handled these types of cases for decades.
Workers Comp Lawyers in Roswell Understand Georgia Workers Comp Law
Not all employees in Georgia are entitled to workers compensation benefits. Certain classifications employees aren’t entitled to workers comp. It has to do with whether or not they pay into workers compensation insurance. If you fall into this category, there’s nothing a workers’ compensation attorney in Roswell can do to help you.
Some people are not entitled to workers compensation in Georgia. This includes:
- People who work for an employer who has three or less employees – A company this small doesn’t have to maintain workers compensation insurance. If one of their employees gets hurt, they can file for disability. They may also need to file a personal injury suit against their employer for negligence. If this is the case, you may still benefit from an experienced workers comp lawyer in Roswell.
- Agricultural workers – Most states exclude farm workers from workers comp benefits. Georgia is one of these states. There is nothing a workers’ compensation attorney in Roswell can do to help farm workers.
- Maids – Private employers are not required to provide workers compensation insurance. If you are a maid or domestic servant, you don’t qualify for workers comp benefits.
- Railroad employees – Railroad employees are not entitled to workers comp. Because they don’t contribute to workers comp insurance, they can’t expect to receive workers comp benefits. Workers comp attorneys in Roswell cannot force the state to provide railroad employees with insurance.
- Federal government employees – Since these employees are paid by the government and not by the state, they aren’t covered under the state’s workers compensation insurance program. Certain workers compensation attorneys in Roswell specialize in these types of cases.
- Independent contractors – Legally, independent contractors are not employees. They are responsible for their own taxes and are not considered full-time employees. Independent contractors know that they will not be entitled to workers comp. There is nothing a workers’ comp attorney in Roswell can do to make a company treat an independent contractor like an employee.
If you fall into one of these categories and get hurt on the job, contact a workers’ compensation lawyer in Roswell. They can help you find a different way of being compensated.
What Types of Injuries Can My Workers Comp Lawyer in Roswell Get You?
Almost all work-related injuries should be covered by workers compensation insurance. If the injury is so minor that it doesn’t cause you to miss time from work, it may not qualify you for workers comp. For example, if you miss less than a week from work, you probably aren’t going to receive workers comp. You have to miss at least a week to qualify for workers comp. You are also required to use your vacation time and sick time before your benefits kick in.
Your workers compensation attorney in Roswell will fight to get you benefits for the following types of injuries:
- Injuries sustained from falls or workplace accidents
- Illnesses caused by your employment
- Gradual injuries that build up over time at the same job
- Catastrophic injuries
This latest category of injury, catastrophic injuries, is a relatively new concept in Georgia. It was recently added as a separate category by the Georgia legislature. Catastrophic injuries include:
- Spinal cord injury with severe paralysis
- Severe brain injury
- Second or third-degree burns
- Any other injury that will prevent the employee from doing most jobs.
Your workers comp lawyer in Roswell will present evidence to prove that you have been injured. You will also have to prove your injuries in order to qualify for workers comp benefits in Georgia.
Are There Situations Where a Workers Compensation Lawyer in Roswell Can’t Get You Benefits?
There are times when even the best workers comp lawyer in Roswell can’t get you workers compensation benefits. Georgia law excludes certain types of accidents from workers compensation. A lot of these include behavior that is outside the scope of the employee’s work duties. Some of the circumstances that would disqualify you from workers comp benefits include:
- Willful misconduct
- Self-inflicted injuries
- Use of illegal drugs
- Refusal to use personal protective equipment or safety devices
- Failure to give employer notice of the injury
- Refusal to take alcohol or drug screening following the accident
- Refusal or failure to complete medical treatment
If you’re hurt at work but fall into one of these categories, you are not going to receive workers compensation benefits. There is a little a workers’ comp attorney in Roswell can do to help you in these situations.
If you don’t fall into any of these categories and are still denied benefits, you need to appeal your claim. You will want to rely on a workers’ compensation attorney in Roswell to do this for you.
Workers Compensation Attorneys in Roswell Can Help File Your Appeal
If your claim for workers comp benefits is denied, you need to contact a workers’ compensation attorney in Roswell, Georgia. Georgia has certain rules that have to be followed when filing or appealing a workers’ compensation claim. If you don’t do this, your claim may be denied. You could also even forfeit your right to appeal.
The first step your Roswell workers compensation lawyers will take is to file an appeal. This requires filing of a “Notice of Claim” form. This form must be filed within one (1) year from the date of your accident or injury. The form must be completed properly and submitted to the address at the bottom of the form.
Once your appeal is processed, it’ll be assigned to an administrative law judge. Therefore if your case gets to this stage, you should really retain a workers’ compensation attorney in Roswell. Nobody should attempt to handle this process on their own.
The next step is your case will be scheduled for mediation. Mediation gives you the chance for your Roswell workers compensation lawyers to discuss your case face to face with the insurance company to try to settle your claim. Most cases are settled at this stage. The court is not happy when parties refuse to negotiate a settlement. Workers compensation trials clog up the court system. It is better for all parties involved to work hard to settle the claim.
If workers compensation attorneys in Roswell is unable to settle your claim, your case will be scheduled for trial. That is where your Roswell workers compensation lawyers will have to submit sufficient evidence to prove your claim.
If I Am Approved, What Workers Comp Benefits and I Entitled To?
So, let’s say your workers compensation attorneys in Roswell gets your claim approved. What then? Once your claim is approved, you will start to receive workers comp benefits. In Georgia, you are entitled to the following types of benefits under workers comp:
- Medical benefits – You are entitled to have your medical care covered under workers comp in Georgia. You are not required to pay co-pays or fees. Your prescriptions must be covered under these benefits. You should not have to put out any money for your medical care. If this is not the case, contact your workers comp lawyer in Roswell immediately.
- Wage Loss Benefits – this is the money you will receive to replace your ordinary wages. There are two types of wage loss benefits: temporary total disability benefits (TTD) and temporary partial disability benefits (TPD)
- Permanent Partial Disability Benefits – This money you will receive long-term to compensate you for whatever permanent disability the work-related accident caused.
Our Roswell Workers Compensation Lawyers will coordinate with the approved doctors to determine what type of benefits you are entitled to. The insurance company will always offer a low percentage. Furthermore, they will say your injuries are minor and are short-term. Your workers comp attorney in Roswell is going to argue the opposite. He will work hard to get you as much compensation as possible.
Workers compensation attorneys in Roswell will ensure that you don’t go back to work until you’re ready. Many employers and insurance companies try to get you back to work as soon as possible. The problem is that if you go back too early, you could suffer further injury.
Contact our Roswell Workers Compensation Lawyers Today
In summary, if you’ve been hurt at work, you should be entitled to workers comp. If your claim is denied, you need a workers’ comp attorney in Roswell. Also if you wait too long, you may miss your window to file a claim. This is why it’s important that the first thing you do is retain the services of a Roswell workers’ compensation lawyer. There are certain deadlines you need to meet and rules you have to follow.
If you don’t follow the guidelines for filing a workers’ comp claim in Georgia, your claim could be denied. You need to go to all of your doctor’s appointments. You may also have to stay in touch with your workers’ comp lawyer in Roswell.
Contact one of our personal injury attorneys in Roswell today to schedule your free initial consultation. Your attorney can answer any questions you may have. He can also give you an idea of how to proceed with your case. The consultation is free and you pay nothing until you settle your claim.