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Workers’ Compensation
“David Van Sant was a joy to work with and I would highly recommend contacting him to anyone who is having problems trying to settle their claim directly with the Insurance Adjusters. Use David. He’s great!!!”
(Elaine P. – personal injury client)
If you've been injured on the job, you're covered by workers’ compensation insurance, which typically pays for medical treatment and some lost wages. To start the claims process, you'll need to report your accident and injuries. While workers’ comp is a state-mandated program meant to benefit both employees and employers, it operates like any insurance company. The Georgia State Board of Workers’ Compensation has teams of lawyers and adjusters whose goal is to minimize payouts.
It's crucial to act promptly. Waiting until your claim is denied or delayed can complicate matters. Van Sant Law specializes in workers’ compensation cases. Established in 2003, we have been serving the community since that time. Our Atlanta workplace compensation lawyers can assist you from the outset, ensuring your claim is correctly filed and advocating for your immediate medical needs. We’re familiar with the tactics that insurers use to limit claims and can negotiate on your behalf for maximum benefits. With our expertise in workers’ comp laws, we strive for efficient and favorable settlements, providing you with peace of mind during a challenging time.
Contact Our Workers’ Compensation Attorneys in Atlanta Today!Workers’ compensation injury insurance is a “no-fault” program. It is not necessary to prove negligence or responsibility – just that you were on the job when you suffered any workplace accidents. While this should make receiving your benefits less complicated, it also means that your employer or claims adjusters may attempt to deny you some or all of the coverage you deserve. Our workers’ compensation lawyers in Atlanta can help you fight for the settlement you truly deserve if:
- Your claim is denied or payments are “delayed.”
- You are accused of faking your injuries.
- Your employer fires you after an injury in an attempt to ignore your claim.
- You are offered a reduced settlement that that does not fully cover your expenses.
- You are told you must return to work before you are fully recovered.
Van Sant Law, LLC, has offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, Sandy Springs, and Gainesville. Contact us today!
FAQCan I Receive Workers’ Comp Benefits If I Was Injured at Work?
What Exactly Should I Do After I Receive an Injury While on the Job? In Georgia, the law requires any business with three or more employees, including regular part-time employees, to carry valid workers’ comp insurance. The insurance carrier is the entity that pays benefits to an injured worker. You are eligible for workers’ comp benefits if: 1) you are an employee of a business with three or more employees, and 2) you suffered an injury while on the job.
There are many types of injuries and illnesses that can occur at work and while performing work-related duties and the vast majority occur due to sudden accidents. However, workers may suffer injuries that occur over time as a result of work duties, such as carpal tunnel syndrome and continued exposure to chemicals or toxins. If you suffer from an injury that results from wear and tear on the job, contact our experienced medical compensation lawyers in Atlanta today.
Georgia law sets forth the procedure that employers, insurance companies, and injured workers must follow after a workplace injury occurs. It is important to note that each claim is unique. In addition, worker’s comp law is complex and always subject to change. It is so critical to obtain the advice and counsel of a skilled Atlanta workers’ comp law firm near you who is experienced in handling claims from start to finish.
In general, if you are injured on the job, you should take the following steps:
- Seek medical assistance as soon as possible. Your health is the most important thing you should be concerned with, so, if you are injured on the job, seek medical attention as soon as possible. In the case of an emergency, you may seek medical treatment from any doctor. However, in non-emergency situations, you may have to seek treatment from a specific healthcare provider, depending on the insurance carrier’s requirements. It is important for you to follow the advice of your doctor.
- Notify your employer about the accident and your injuries. State law requires that in order to receive workers’ comp benefits, you, as an injured employee, must notify your employer as soon as possible following a workplace injury, and in no circumstances, later than 30 days following the accident/injury.
- Upon notification of your injury, your employer will file a workers’ comp claim with its insurance carrier. Once your employer is notified of the accident/injury, it must notify both its workers’ comp insurance carrier and Georgia’s State Board of Workers’ Compensation of the incident.
- Once your employer files the claim, the insurance carrier will either accept or deny the claim. If the insurance company accepts (i.e., approves) your claim, you will begin to receive workers’ comp benefits within a timeframe specified by Georgia law. If the insurance company denies your claim, it must provide you with detailed reasons as to why it was denied. If your claim is denied, you must act quickly to determine whether you wish to appeal the insurance company’s decision. An experienced workers’ comp attorney will help you evaluate your claim and provide guidance as to whether you should appeal the denial.
- You can appeal the insurance company’s denial of your workers’ comp claim. If the insurance company denies your claim and determines that you are not entitled to receive benefits, you may request a hearing before the State Board of Workers’ Compensation. The hearing is similar to a trial, but it is heard before an Administrative Law Judge (ALJ). The ALJ hears from both you and the insurance company, applies the relevant law, and then renders a written decision as to whether you are entitled to workers’ comp benefits. This hearing is very important to your claim and you can assume that an experienced attorney will represent the insurance company. It is important to be prepared, and you will certainly benefit from the experience of a reputable workers’ compensation attorney in your area.
- If you “lose” at the ALJ hearing, you may appeal the decision to a Georgia court. If the ALJ affirms the insurance company’s denial of your claim, you may be able to appeal the decision to the appropriate appeals court. This is a time-sensitive and complex procedure, and you may benefit greatly from an experienced employee compensation lawyer in Georgia.
Georgia’s workers’ comp system is considered “no fault,” meaning that specific benefits are offered to workers injured on the job, regardless of fault. Generally, benefits provided to employees fall into the following categories:
- Reimbursement for medical expenses. The workers’ comp insurance carrier generally should pay for your medical expenses incurred as a result of your injuries, including hospital bills, office visits, and prescriptions, as well as certain rehabilitation services. Additionally, you may receive reimbursement for some or all of your travel expenses incurred as a result of your injuries, such as travel to and from healthcare providers. You are eligible to receive reimbursement for medical expenses for up to 400 weeks after you sustain your injury. In cases of catastrophic injuries, you may be eligible to receive medical expense reimbursements indefinitely.
- A percentage of lost wages. Typically, during the time when an injured employee is out of work, he or she should receive two-thirds of his or her average weekly wage, but not more than $575.00 per week for an accident that happened on or after July 1, 2016. Your average weekly wage is calculated taking into account your total gross earnings before taxes and benefits for the 52-week period prior to the accident.
The weekly amount and duration of lost wages you will receive depend upon a number of factors, including whether your injury resulted in a total or partial disability and whether said disability is considered temporary or permanent (as determined by medical professionals). These determinations are not always straightforward, and medical experts may have different opinions regarding your injuries and resulting disabilities. The proper characterization of your disability is a key element in your claim for compensation. That’s one reason it is a good idea to work with one of our work injury attorneys who is familiar with the system and who has dealt with many doctors in similar cases.
The dependents of an employee killed as a result of work-related injuries will receive two-thirds of the employee’s average weekly wage. Georgia law defines dependents as the employee’s surviving spouse, children, and dependent stepchildren. A spouse who does not have children may receive a limited benefit amount, unless and until he or she remarries or “cohabitates” in a marital-like relationship.
Please contact our offices today to speak with one of our knowledgeable Atlanta workers’ compensation lawyers. We are here to help you!
How Quickly Will My Workers’ Comp Case Settle?
Unfortunately, there is not an easy answer to this question; every workers’ comp claim is different. Even the best worker compensation lawyer in the world cannot guarantee when a claim will be finalized. Ultimately, the settlement timeline will depend on how you are feeling, what your medical professionals say, how quickly you are able to recover from your injuries, and when you are likely to reach a state of “maximum medical improvement.” Last, but not least, the insurance company also needs to be willing to settle your claim for full and fair compensation.
Can My Employer Fire Me While I’m Receiving Workers’ Comp Benefits?
Georgia law is designed to protect workers injured on the job from unfair discrimination or retaliation by their employers. Legally, your employer cannot fire you for filing a workers’ comp claim. Unofficially though, some employers use Georgia’s at-will employment laws to get around this illegal termination. If you believe your employer retaliated against you, talk to your attorney to discuss your rights and options.
Can I Use My Regular Doctor?
Workers’ compensation regulations in Georgia say that employers are required to provide medical care to injured workers. However, employers have the right to give employees a list of several providers and require employees to choose a provider off that list.
If your regular doctor is on the list your employer gives you, you can choose to be seen by them for your workplace injuries. Understand that if you were to see your regular doctor before giving your employer the chance to provide you with a list of options, your employer will not have to pay those medical bills.
How Long Do I Have to Report My Injury to My Supervisor?
Whether or not your supervisor witnessed your workplace accident, you are still required to make an official report under Georgia law. This should be a written report, documenting the date, time, location, and circumstances of the accident. State law says that injured workers have up to 30 days from the date of the accident to notify their employers. However, it is best to report the incident as soon as you can. Be sure to keep a copy of your report for your records.
Is There a Time Limit to File My Workers’ Comp Claim?
As noted above, you must report the accident to your employer within 30 days. You have a longer time to file a workers’ comp claim. Generally, injured workers have up to one year from the date of the accident to file for workers’ comp benefits. Lawyers that handle workers’ compensation claims typically recommend that injured workers seek legal advice as soon as they feel up to doing so, to ensure they don’t inadvertently run out of time to pursue their rights to benefits.
How Can I Know if I Should Settle My Workers’ Comp Claim?
Most Georgia workers’ compensation claims eventually settle when the injured employee and the employer’s insurance company agree on terms both parties deem fair. However, you should never settle unless you believe the proposed settlement is adequate. Once you accept a settlement, you cannot pursue further compensation for the same injuries. Your attorney will provide legal advice and offer solutions based on the facts and circumstances of your claim.
Are There Statistical Patterns to Georgia Workers’ Comp Accidents?
Reviewing accident statistics can, at first glance, provide what seem to be statistical patterns for workplace injury accidents. However, it is important to remember that no two injury accidents are exactly alike. Still, employers can learn from accident data and use what they learn to enhance workplace safety.
Will I Need to Testify in Court Against My Supervisor?
When you file a workers’ comp claim, you are standing up for your legal rights. As part of this process, your attorney may prepare you to testify about workplace conditions or policies which may have contributed to the accident. In most cases, employers understand that employees who file workers’ comp claims are simply enforcing their rights — and not attacking the company or its supervisors. It is likely that your case will settle outside of court, so testifying may not be necessary at all.
