Workplace injuries are much more common than people think. Injuries are usually minor and employees do not need to miss work due to the injury. However, when the injuries are severe and require a worker to take time off work, it is time to get in touch with an experienced Peachtree City workers’ compensation lawyer. Here at the Law Office of John B Jackson, we have extensive experience in helping injured workers receive the full worker compensation benefits they deserve.
Give our personal injury lawyers a call at (770)988-6155 to schedule a free consultation.
What Should I Do If I Am Injured On The Job?
People often assume that their workers’ compensation claims are always going to be accepted and paid. While many cases are approved without a hitch, there are also several cases where valid claims are either delayed or denied or the settlement offer is substantially less than the actual expenses. This is why you need to take certain steps after suffering an injury due to an accident at work in order to increase your chances of getting the full benefits you deserve.
Tell Your Employer In Writing
It’s imperative for you to report the accident to your supervisor or manager in writing. It needs to be done within 30 days of the accident where you got injured. Even if your supervisor was present at the time of the accident, you need to give them notice in writing in order to create a record.
Get Medical Attention
Even if your injuries seem minor, you should immediately go see a doctor. It’s imperative for you to visit a doctor who is on the approved list if you want to get workers’ compensation benefits. Keep in mind that if you visit a medical professional who is not on the list of approved doctors, you might not be able to claim workers’ compensation benefits.
It is important that everything is properly documented. Always keep a copy of the medical bills, medical records, any witness statements or other such things. It is also recommended to take photographs of the injury every day or at specific intervals to document the treatment process and how it is progressing. You should also note down the progress of your treatment in a diary.
Get In Touch With A Workers’ Compensation Attorney
You do not always need an attorney to get the desired workers’ compensation benefits. However, if your injuries are serious and you need to take significant time off work, and your benefits are either being denied or delayed, you should immediately get in touch with the experienced Peachtree City workers’ compensation lawyer at the Law Office of John B Jackson. We will help you file the workers’ compensation claim in the right manner. We deal with such cases regularly and help you avoid the common mistakes made by others who have their claims rejected due to certain issues.
Why Should I Hire A Peachtree City Workers’ Compensation Lawyer?
The services of a workers’ compensation lawyer aren’t in all cases. There are certain situations where you need a Peachtree City workers’ compensation lawyer by your side to protect your rights and to get the benefits you deserve.
Here at the Law Office of John B Jackson, we have extensive experience in representing clients who have been denied their workers’ compensation benefits or the settlement offer made by the insurance company is much lower than what they deserve and are legally entitled to. One of the main reasons you should hire a lawyer for your workers’ compensation claim is that workers’ compensation is a complex area of the law. It has a lot of obstacles and pitfalls, and insurance companies regularly take advantage of these to deny benefits to injured workers.
We will work in your best interests and help you get the benefits you deserve. We will negotiate with the insurance company, on your behalf, to help you get maximum benefits.
We work on a contingent fee basis which means you do not need to pay us anything upfront for our services. We will recover our legal costs from the settlement or weekly benefits, we win for you.
How Much Does It Cost To Hire A Peachtree City Workers’ Compensation Lawyer?
In workers’ compensation cases, we have a contingency fee arrangement. Nothing is required to be upfront and all of our legal costs will be recovered from the settlement or weekly benefits we win for you. We do not get paid if we do not win anything. Also, there is an upper limit of 25% of the weekly benefits or settlement as a maximum percentage that can be charged by an attorney in such cases. The State Board of Workers’ Compensation also needs to approve the attorney fees in all workers’ compensation cases.
What Do I Need To Do If My Workers’ Compensation Claim Is Denied?
Workers’ compensation insurance companies regularly deny benefits to injured workers for various reasons. It could be due to missing paperwork or other technical details but you should know that your workers’ compensation benefits claim isn’t going to be approved automatically. Also, sometimes valid claims are denied for frivolous reasons. Your employer might claim that you are an independent contractor or there is a pre-existing condition or any other reason.
If you feel that your benefits have been unfairly denied by either your employer or the insurance company, you can file a request for a fair hearing before an Administrative Law Judge at the State Board of Workers’ Compensation. At the hearing, you will be allowed to present your point of view and why you should be given the benefits you want. It is better to hire the services of an experienced workers’ compensation attorney to represent you at the hearing and to put forth a convincing argument in your favor.
The Statute Of Limitations For Workers’ Compensation Cases In Georgia
The injured worker has up to one year from the date of the accident to claim workers’ compensation benefits in Georgia or the claim is likely to be barred by the statute of limitations. There are exceptions in certain cases such as where the medical benefits or income has been paid to the injured worker. If the injured employee has been paid weekly income benefits, they have up to 2 years from the last payment date to file a workers’ compensation claim. Similarly, if they have received remedial medical treatment which has been provided by the employer/insurer, they have up to one year from the date of last medical treatment to file a workers’ compensation benefits claim.
Can An Independent Contractor File A Workers’ Compensation Claim In Georgia?
Workers’ compensation benefits are not available to independent contractors in Peachtree City, Georgia, and they cannot file a claim for these benefits. However, employers might misclassify some workers as independent contractors to save money on insurance premiums. This is why it needs to be clearly established that the individual in question is an independent contractor and not an employee.
How Much Is My Workers’ Compensation Claim Worth?
Every case is different and there are a number of factors that need to be taken into account to arrive at the value of a particular workers’ compensation claim. You should know that injured employees are eligible for temporary disability benefits as well as permanent disability benefits, in certain cases.
Employees are eligible for temporary disability benefits when they miss work for more than 7 days. These are calculated at the rate of two-thirds of the average weekly wage of the employee but the maximum amount is capped at $675 per week and these benefits can be provided for a maximum of 400 weeks. If the employee is able to get back to work but with reduced earning capacity, they are entitled to 2/3 of the wage difference as benefits. These benefits are allowed to be paid for a maximum of 350 weeks.
Permanent disability benefits require extensive calculations. Once it has been established that the injured worker can’t improve any further with future treatment, a disability rating is assigned to them by the doctor. This disability rating is decided on the basis of American Medical Association guidelines. The permanent disability benefits are calculated on the basis of this disability rating as well as the value of the body part as defined in the guidelines.
Since the disability rating is provided by a doctor on the list of approved doctors, the worker has the right to get an opinion from a doctor of their own choice. Your workers’ compensation attorney can help you get that second opinion in order to get you the full benefits in case of permanent disability.
Contact The Workers’ Comp Attorneys At The Law Office Of John B Jackson
When you get injured on the job and are unable to return to work, you are entitled to workers’ compensation benefits. However, such claims are routinely denied by employers and their insurance carriers. It is often a very stressful time in the lives of injured workers as they have to deal with their injuries and financial worries of dealing with rising medical expenses. We can help you get the benefits you deserve. We have extensive experience in representing injured workers who have been denied fair workers’ compensation claims.
We work on a contingent fee basis which means you do not need to pay us anything upfront. All of our legal costs are recovered from the settlement we win for you. Give our Peachtree City injury firm a call at (770)988-6155 today to schedule a completely free and confidential consultation.