Getting Justice for Those Hurt on the Job in Lawrenceville
Georgia requires an employer of at least three employees to carry workers’ compensation insurance. If you have sustained an injury while working at your job and in the scope of your employment, you may file a workers’ compensation claim for monetary benefits. When you submit a claim for workers’ compensation benefits, you will interact with your employer’s insurance company. It isn’t unusual for communication with an insurance company to be a challenge, as their main goal is to either reduce the amount of payout they must distribute or dismiss your case altogether.
In some instances, the insurance company may allege that the injured employee exaggerated the severity of the injury or that claimant lied about being injured at all. Other times, the employer may try to dissuade the injured employee from consulting the employee’s own healthcare provider for a second opinion. An employer may also discourage the injured employee from contacting an experienced Lawrenceville workers’ compensation attorney for advice on how to file a claim for benefits. In actuality, however, this is one of the most critical steps that the victim can take in the process.
If you have sustained a workplace injury, take steps to ensure that you have an experienced team of Lawrenceville wrongful death lawyers advocating for you at all times. The knowledgeable and experienced Lawrenceville personal injury lawyers at Brauns Law Accident Injury Firm can assist you with filing your claim for benefits and maximizing the amount of compensation you receive.
Georgia workers’ compensation claims require to you comply with different time limits and deadlines than in other civil cases. Our knowledgeable legal staff will make sure to file your claim for benefits promptly.
Common Workplace Injuries
Although some jobs are more dangerous than others, workplace injuries can occur in any work setting and trigger a workers’ compensation case. Workplace injuries are more common in the construction business, since individuals are required to work with heavy and potentially dangerous machinery.
Some common hazards associated with the construction sites include:
- Heavy machinery and equipment – Working around heavy machinery presents many hazards, made even more hazardous when a piece of machinery malfunctions. When something goes wrong at a construction site, a worker may sustain a crush injury, broken bone, spinal cord injury, or another serious injury while on the job.
- Motor vehicle collisions – When workers operating a vehicle in the scope of their employment become involved in a collision with another vehicle, serious injuries can occur. An individual who sustains one or more injuries in a motor vehicle accident during work hours may file a claim for workers’ compensation benefits, without regard to who caused the accident.
- Risk of burns and electrocution – Working in the construction setting also presents a risk of electrocution or burn injuries. This is especially true when construction workers build a structure from the ground up, since electrical wiring is often involved.
- Fall accidents – It isn’t uncommon for construction workers to work on high scaffolding or ladders, both inside in a building or on the outside. This presents the risk of falling and sustaining a traumatic head injury, broken bone, or even death in a worst-case scenario.
The construction industry is not the only work setting in which severe accidents and injuries can occur. In fact, accidents and injuries can happen in any type of employment, even in an office setting.
Hazards that a person can encounter when working in an office environment include:
- Slips and falls – Employers are responsible for making sure that workplaces are free from debris and slippery surfaces. When an office worker slips and falls while at their place of employment and sustains a serious injury as a result, they may file a claim against the employer for workers’ compensation benefits.
- Occupational hazards – Some indoor work settings have occupational hazards associated with them. For example, a hospital or nursing home employee runs the risk of being hit by a patient or falling while completing a work duty.
- Office equipment malfunctions – Employers are also responsible for ensuring that the equipment they provide to employees is in proper working order at all times. When a piece of equipment malfunctions and results in a worker sustaining a severe injury, the injured worker may bring a workers’ compensation claim against the employer.
All of these accidents can result in serious injuries that require medical treatment. Many workers need emergency room treatment, diagnostic testing, physical therapy, doctor’s visits, and more. For severe injuries, a worker might need surgery and hospitalization, and may suffer long-lasting effects of the injury. All of this treatment can cost tens of thousands of dollars or more.
To make matters more stressful, many injured workers need to stay off the job for some time while they recover from an injury. Whether you miss a week of work or several months, the loss of income can throw a major wrench into our household finances. This only adds more concern as you watch the medical bills pile up.
Workers’ compensation benefits for medical care and wage replacement are critical for you and your family after a workplace accident. If a hazardous work environment injured you, then the knowledgeable legal team at Brauns Law Accident Injury Firm can determine if you are eligible to bring a claim for workers’ compensation benefits. If so, we can assist you throughout the process and maximize the benefits you can receive.
Requirements to File a Workers’ Compensation Claim
To be eligible to bring a worker’s compensation claim, you must have suffered injuries while you were at work and within the scope of your employment. Moreover, you must have been an employee at the time of the accident, as opposed to an independent contractor. When a dispute arises concerning whether an individual was an employee or an independent contractor, courts examine various factors.
These factors include whether or not the worker sets their own hours, as well as the supervisor’s degree of control over the worker. Generally speaking, the more power that a supervisor exercises over a worker, the higher the likelihood that the worker is an employee.
All medical care must be necessary for your specific injuries, and you must show that your missed work was justified due to your medical treatment or doctor recommendations.
Workers’ compensation insurers regularly challenge requirements, such as:
- Whether your injuries are work-related
- Whether you needed certain medical treatments
- Whether you needed to miss all the work that you did
You want to file the most persuasive claim possible with the help of a workers’ compensation lawyer to head off any insurance company challenges.
Filing a Third-Party Claim
The workers’ compensation system in the state of Georgia is essentially a no-fault system. If you sustain a workplace injury while at your job and within the scope of your employment, then the identity of the accident’s at-fault party does not affect the workers’ compensation claim; as such, you can’t sue your employer for a workplace injury. Just because you can’t file a lawsuit against your employer does not necessarily mean that you cannot file a third-party lawsuit against someone else.
In the context of a construction accident, you may file a claim or lawsuit against a third-party, such as the general contractor, project supervisor, project manager, or some other individual who acted unreasonably or negligently under the given circumstances, resulting in your injuries. In other instances, you may file a claim or lawsuit against the manufacturer or distributor of the defective equipment that caused your workplace injury.
Finally, if you were involved in a motor vehicle collision while you were on the job and a third party caused the accident, you may file a claim or lawsuit against that individual for monetary compensation and damages.
Remember that the compensation that you may receive from a third-party lawsuit could be significantly higher than the benefits you receive through the Georgia workers’ compensation system. Because of this, you will want to take prompt legal action if a third-party exists in your claim.
As part of a third-party case, you may recover monetary compensation for all of your medical and physical therapy bills, as well as the costs of all related medical procedures. You may also recover compensation for any time you couldn’t work due to your injuries. In addition to these economic damages, you may pursue non-economic damages, including compensation for your pain and sustaining, loss of future ability to work, loss of enjoyment of life, loss of use of a body part, and loss of spousal support.
The knowledgeable team of Lawrenceville workers’ compensation attorneys at Brauns Law Accident Injury Firm can examine the facts and circumstances of your case to determine if you may file a third-party claim or lawsuit, in addition to your workers’ compensation claim.
Types of Workers’ Compensation Benefits
There are numerous types of workers’ compensation benefits you may obtain by filing a claim. Specifically, you may recover benefits for the related medical treatment bills from a treating physician who is authorized by the insurance company. Moreover, if you receive physical therapy or a similar rehabilitation, those costs may be covered as well. Recovery can also include a portion of your lost income due to missed time from work. Compensation for medication prescription costs may be available to you as well.
When you sustain an on-the-job injury, you often have to travel to various healthcare providers to receive necessary treatment. These travel expenses may also be reimbursed. If the treating physician authorized by the insurance company has issued you a disability rating, compensation for the rating may be available as well. This disability rating must comply with guidelines established by the American Medical Association.
The experienced team of attorneys at Brauns Law Accident Injury Firm will do everything possible to secure the maximum amount of workers’ compensation benefits that are available in your case. We file a claim on your behalf and zealously advocate for your rights, including representing you at hearings and other legal proceedings.
Steps to Take After Sustaining an Injury on the Job
To maximize your available benefits in a workers’ compensation case or third-party case arising from a workplace injury, specific steps should be taken as soon as possible after the accident.
First and foremost, make sure you report your injury to your employer’s human resources department or the equivalent office that is authorized to handle and process potential workers’ compensation claims.
Then Make an effort to obtain medical treatment as soon as possible after the accident. If a healthcare provider suggests that you seek follow-up treatment, make a point to do that as well.
Also Take photographs of your sustained injuries, since the pictures are key pieces of evidence backing up your claim later on. Keep a written record of medical appointments and their dates, in addition to descriptions of the injuries and related symptoms you experience.
In addition to following through with all of your medical treatment and recuperating from your injuries, contact a Lawrenceville workers’ compensation attorney as soon as you can. A skilled Lawrenceville workers’ compensation lawyer at Brauns Law Accident Injury Firm can file a claim for benefits on your behalf, guide you through every step of the process, and safeguard your legal rights every step of the way.
Speak with an Experienced Lawrenceville Workers’ Compensation Lawyer About Your Claim Today
The legal team at Brauns Law Accident Injury Firm is ready to assist you with your workers’ compensation case from start to finish. For a free case evaluation and legal consultation with an experienced Lawrenceville workers’ comp lawyer, please give us a call at (678)-647-1314 or contact us online for more information.
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Brauns Law, P.C.
892 legacy park Dr.
Lawrenceville, GA 30043