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.
Lawrenceville Workers’ Compensation FAQ
Georgia law requires that all employers who employ at least three individuals to carry some form of workers’ compensation insurance. Workers’ compensation insurance is available for workers who are injured (or suffer an illness) while they are working at their jobs and while they are performing their job duties within the scope of their employment.
To obtaining benefits through the Georgia workers’ compensation system runs report your on-the-job injury to your employer and file a claim for workers’ compensation benefits.
Throughout the workers’ compensation claims process, you will deal with your employer’s insurer. In many cases, to save money, these insurance companies will allege that an injured worker did not suffer an injury or that the injury is not as severe as the worker claims.
The insurance companies frequently make these allegations to try to save themselves money. After all, these multi-billion-dollar insurance companies do not make money by paying out benefits for workers’ compensation claims. Instead, they make their money by collecting premiums from their insureds and trying to keep as much of this money as possible in-house.
Employers’ insurance companies can also be challenging to work with sometimes. These insurance companies can refuse to allow you to select a healthcare provider of your choosing (such as when it comes to rendering an opinion about a permanent injury or illness). They can also try and talk you out of discussing your case with a knowledgeable Lawrenceville workers’ compensation attorney. However, failing to seek experienced legal counsel in your case is often a big mistake.
The skilled attorneys at Brauns Law Accident Injury Firm can help you file your workers’ compensation claim and can help you pursue the monetary benefits that you deserve for your injury through the Georgia workers’ compensation system. Our legal team can also represent you at any hearings, including benefit hearings, and will pursue the best result possible on your behalf.
What common on-the-job accidents take place in Lawrenceville?
There is no shortage of ways in which a person can get hurt at work. Accidents can occur in any work environment, from your standard office to an industrial site. Some of the most common workplace accidents that lead to injuries include:
- Motor vehicle collisions – Many workers must operate a car or truck as part of their job duties. A classic example is a commercial truck driver who works for a large trucking company. If these drivers are involved in a motor vehicle collision while they are on the job and suffer one or more physical injuries, they can pursue a claim for workers’ compensation benefits from their employer, regardless of which party caused the accident.
- Slip and falls – A slip and fall accident at work can occur both indoors and outdoors and can lead to severe injuries, including a traumatic head injury. Workers who fall onto their backs can suffer a spinal cord injury or paralysis. Slip and fall accidents can occur in any work setting, regardless of whether outdoors or indoors.
- Machinery accidents – Construction sites and other job sites sometimes have heavy equipment and dangerous machinery in the vicinity, such as cranes, diggers, and dump trucks. These machines can break down, or a worker might fall from the machinery onto the grounds, suffering a serious bone fracture or other injury as a result. On-the-job crush injuries are also common around dangerous machinery.
- Malfunctioning office equipment – Offices often keep large amounts of equipment on hand, including desks, chairs, and copy machines. When one of these pieces of equipment or furniture malfunctions, such as when a chair gives way resulting in a severe injury, then the accident victim can assert a workers’ compensation claim against their employer.
- Electrocution accidents – Electricians, builders, construction workers, and others who work around wires and electricity run the risk of suffering a burn or electrocution injury when site wiring is faulty or defective. When that happens and a burn injury or other serious injury results, the injured worker can bring a claim for benefits.
- Occupational hazards – Many jobs have a variety of related occupational hazards. For example, a patient can assault doctors, nurses, or nursing assistants. These individuals might also slip and fall while lifting a patient or completing some other duty at work. If they suffer an injury due to an occupational hazard, they are in a position to assert a claim for workers’ compensation benefits.
If you have suffered an injury on the job because of one of these types of accidents or hazards, you are in a position to assert a claim for workers’ compensation benefits. The skilled Lawrenceville workers’ compensation lawyers at Brauns Law Accident Injury Firm can assist you with filing your claim for workers’ compensation benefits and help you pursue the benefits you need.
Does fault play a factor in a Lawrenceville workers’ compensation claim?
Generally, no. To pursue a claim for workers’ compensation benefits, a worker needs only be on the job and working within the scope of their employment at the time of the injury or illness; fault is not a consideration.
Working within the scope of one’s employment typically means carrying out a job responsibility or duty. Therefore, an injured worker can still be eligible to recover monetary compensation, even when the employer (or someone else) did nothing wrong. In a nutshell, workers’ compensation claims are strictly no-fault claims.
Also, when it comes to Lawrenceville workers’ compensation claims, there is a distinction between employees and independent contractors. Unlike employees, independent contractors are not usually subject to strict control and sometimes set their own work hours.
In general, the more power that someone exercises over a worker, the more likely it is that the relationship is an employer-employee relationship. Likewise, employees typically receive a W-2 form at tax time, while independent contractors receive a 1099 form.
The distinction between employers and independent contractors is important because independent contractors are not eligible to make a workers’ compensation claim arising from an on-the-job injury. Instead, these benefits are only applicable when there is an employer-employee relationship in existence at the time of the accident.
If I sustained an injury while on the job in Lawrenceville, do I have the discretion to sue my employer?
In Georgia, workers’ compensation benefits are available without regard to who caused a workplace accident. Therefore, if you were working at your job and were acting within the scope of your employment, you are in a position to pursue a claim for workers’ compensation benefits. However, you cannot sue your employer instead of filing a claim through the workers’ compensation system.
However, even though you cannot file a third-party lawsuit against your employer, you are in a position to sue some other person or entity as a result of the injuries that you suffered in your accident. For example, if you suffered an injury while working on a construction site, and someone else was to blame, then you can sue that other person via a third-party claim.
Potential defendants in these types of lawsuits include the project supervisor, general contractor, or general manager at the construction site. Since these individuals have a duty to create a safe and hazard-free work environment, they can be civilly liable if someone suffers an injury at the job site.
Similarly, if defective equipment at your job left you injured, you can assert a third-party claim against the manufacturer or distributor of the defective product or part. You have a right to file a claim because product manufacturers have a duty to properly design and manufacture their products so that they function correctly for their intended use.
When these products malfunction in the workplace and a worker suffers an injury as a result, then the injured worker could assert an independent, third-party cause of action against the product manufacturer, distributor, or some other person or entity that is in the chain of product distribution.
If you can file a lawsuit after a workplace injury, it’s in your best interest to do so. In a personal injury claim, you can seek damages for various non-economic losses like pain and suffering and lost quality of life, which workers’ compensation insurance does not cover.
As a result, if you have a third-party claim available, take proper and prompt legal action. As part of your third-party claim, you can pursue monetary compensation from the at-fault party, including compensation for your medical bills, pain and suffering, and mental distress.
The experienced Lawrenceville workers’ compensation attorneys at Brauns Law Accident Injury Firm can determine if you are eligible to assert a third-party claim arising from your workplace injury. If you are, we can assist you with filing the proper claim or lawsuit against the responsible person or entity in the Georgia court system.
What benefits can I pursue and recover in my Lawrenceville workers’ compensation case?
If you have suffered an injury while working at your job, there are several types of workers’ compensation benefits for which you might be eligible. First of all, your workers’ compensation benefits can cover all related medical treatment that you had to undergo as a result of the treatment you received following your accident.
In addition to compensation for medical bills, you can also receive compensation for any procedures that you had to undergo, as well as any physical therapy or vocational rehabilitation that you received following your workplace accident and injuries.
In addition to recovering compensation for your medical treatment as part of your Lawrenceville workers’ compensation claim, you can recover a portion of the wages that you lost as a result of the injuries that you suffered while you were on the job.
Moreover, if a doctor provided you with a disability rating and found that you sustained a permanent injury as a result of your workplace accident, you can make a permanency claim for the injuries and damages that you suffered. Guidelines established by the American Medical Association dictate the disability rating.
The knowledgeable team of Lawrenceville workers’ compensation lawyers at Brauns Law Accident Injury Firm will help you pursue all of the benefits that you need and deserve, including benefits for a permanent disability that you suffered as a result of your workplace injury or illness.
What can I do to strengthen my Lawrenceville workers’ compensation case and increase my chances of recovering benefits?
First, you should make sure that you complete all of your medical treatment and that you comply with all of your treating doctor’s recommendations. It is also a good idea to take photographs of any injuries that you sustained in your workplace accident.
Moreover, if you see a healthcare provider for a disability rating, tell them about all of your symptoms. Do not leave anything out, including prior or subsequent injuries to the body parts that your accident injured.
You should also keep in mind that workers’ compensation insurers try and minimize their payouts in every claim they receive. For this reason, you should never accept a settlement offer before you have had a chance to discuss your case with a lawyer.
Finally, certain deadlines apply to Lawrenceville workers’ compensation cases. Therefore, you should speak with a lawyer as soon as possible after your accident. The knowledgeable legal team of Lawrenceville workers’ compensation attorneys at Brauns Law Accident Injury Firm can assist you throughout the claims filing process and will work hard to help you pursue the benefits that you deserve for your workplace injury or illness.
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.
“Brauns law gave me the best legal experience I have ever had. The entire law firm was very professional and courteous. They were very thorough through out my entire experience. I felt like everyone really cared about me personally.”
Rating: 5/5 ⭐⭐⭐⭐⭐
Read more reviews on Google!
Brauns Law, P.C.
892 legacy park Dr.
Lawrenceville, GA 30043