Atlanta Workers’ Compensation Attorneys
Comprehensive Workers’ Compensation Assistance in Georgia
When we put in hard work for our employers, we expect to be looked after should we sustain an on-the-job injury, especially in occupations that come with inherent, unavoidable risks. Whether you are working to save for your retirement or are supporting your family, you are counting on that financial support when you become temporarily or permanently unable to work due to an accident. While Georgia’s workers’ compensation laws are designed to protect you in these scenarios, the troubling reality is that your employer’s insurance company may look for ways to avoid paying your growing medical expenses.
If you suffered an injury while on the job, you are in most circumstances entitled to workers’ compensation benefits, even if the accident was your fault. The first step to accessing those benefits is to immediately inform your employer of the incident and injuries. Your next step should be reaching out to our Atlanta workers’ compensation lawyers. You should never assume that your employer’s insurance company is on your side or working to protect your interests. Our team at Morrison & Hughes has your back and will fight to get you the benefits you need and deserve. We understand how to cut through red tape, communicate with insurers, and deliver optimal outcomes.
Workers’ Compensation Eligibility Explained
Understanding whether you are covered by workers’ compensation insurance can be challenging, and you should never assume your employer is being truthful when discussing your eligibility. Under Georgia law, you are entitled to workers’ compensation if you are an employee who sustains an on-the-job injury. Employers with at least three employers are generally required to carry workers’ compensation insurance.
You are considered an employee whether you are full-time, part-time, or seasonal. It does not matter how many days you have worked: If you perform the duties of an employee, you are likely entitled to workers’ compensation benefits when you are injured at work. If you are classified as an independent contractor, you may not be considered an employee and are thus not entitled to benefits in these scenarios. However, many employers misclassify employees as independent contractors to avoid paying these and other benefits, so discuss your case with our Atlanta workers’ compensation attorneys if your employer is claiming you do not qualify for benefits on these grounds.
Workers’ compensation covers all on-the-job injuries. This includes physical injuries sustained at your usual worksite or elsewhere if you were on the clock and working on behalf of your employer, meaning workplace car accidents are typically covered. Illnesses and other health conditions directly caused by occupational hazards are also covered. Aside from some very limited exceptions, fault does not matter, so you can get workers’ compensation benefits even if you are to blame for an injury-causing accident.
Still unsure of your eligibility? We are happy to review your situation and walk you through your legal options.
We know the law and are ready to put our over 75 years of combined experience to work for you. Contact us online or call (404) 689-2734 to schedule a free initial consultation today.
Steps to Take after Suffering an Injury at Work
When you suffer a work-related injury, it is always in your best interest to notify your employer as quickly as possible. Specifically, should inform your manager or supervisor of your injuries – in writing – as soon as you can after the incident. You could lose the ability to access workers’ compensation benefits if you do not complete this crucial step within 30 days of the date you were injured.
If your injuries require emergency treatment, do not wait to get medical attention. No matter what your employer or their insurer says, they must cover emergency treatment.
For non-emergency treatment, your employer must provide you with a list of approved healthcare providers. These providers may not be looking out for you – they could be quietly working with your employer or have a reputation for offering substandard care.
We urge you to discuss your case with a legal professional before agreeing to see one of your employer’s approved providers. Our team is familiar with local providers and will work to ensure you receive the quality treatment you deserve.
Keep careful records of all the medical attention you receive. This includes the names and contact information for all emergency and non-emergency providers, the dates of your visits, and details of the treatments you are given. Preserve copies of all medical records, especially those that outline work restrictions. All of this documentation will help us build the best possible case as we help prepare to file your formal claim.
If You Became Sick from Toxic Exposure at Work, You May Have a Workers’ Compensation Claim
Many people associate workers’ compensation with physical injuries caused by workplace accidents. While these injuries are usually covered, workers’ compensation insurance also extends to occupational illnesses. If you become ill due to exposure to toxic chemicals in your workplace – or any other factor specific to your job – you are likely entitled to benefits. You should notify your employer of the link between your illness and the work-related condition as soon as you begin to suspect a connection exists. Our Atlanta workers’ compensation lawyers can then help you gather evidence that establishes this connection.
Get Dedicated Legal Support
At Morrison & Hughes, we recognize that sustaining any workplace injury can be stressful and overwhelming. You do not have to go through the process of securing benefits alone. We understand how to effectively negotiate with insurers and combat unseemly tactics intended to rob you of what you deserve. No matter the complexity of your case, our Atlanta workers’ compensation attorneys are prepared to provide personalized support and aggressive advocacy every step of the way.
If you were injured at work, do not wait to discuss your case with us. Call (404) 689-2734 or contact us online today.
Is a Crash Automatically Considered a Workplace Car Accident If I Was Driving a Company Car?
No. Driving a company car at the time of a collision does not automatically mean the crash is a workplace car accident or that you are entitled to workers’ compensation insurance. The usual rules still apply: You must have been “on the clock” and/or doing something to benefit your employer when the collision occurred. This includes situations where your boss or employer allows you to use a company car when you are not at work.
How Long Do I Have to Take Legal Action?
You must notify your employer of any work-related injury within 30 days of the date of injury, but it is in your best interest to inform your boss in writing as soon as you can after the accident. Then, you will have one year from the date of the accident to file your workers’ compensation claim. If you are interested in pursuing a third-party lawsuit, you will typically have two years from the date of the accident to start the legal process.
Can I Sue My Employer If Their Negligence Caused My Injuries?
Unfortunately, no. Even if your employer exhibited gross negligence, you cannot usually file a personal injury lawsuit against them. You can access workers’ compensation benefits without proving negligence or wrongdoing, however. Furthermore, if you were injured due to the negligence of a person or organization that is not affiliated with your employer, you may be able to pursue a third-party lawsuit against that party in addition to seeking workers’ compensation benefits.
How Long Do I Have to File a Workers’ Compensation Claim?
Again, you only have 30 days from the date of injury to notify your employer. Once this requirement has been met, you will have up to one year from the date of the accident to file a workers’ compensation claim. If you have an occupational illness, you will typically get one year from the date you reasonably should have suspected a link between your job and your illness to file a claim.
Can I Get Workers’ Compensation Benefits If My Injuries Were My Fault?
Some employers will try to tell you that you cannot get workers’ compensation benefits if your actions caused an accident. The truth is that you are covered by workers’ compensation benefits even if you are to blame for your injuries, though there are several important exceptions. You cannot generally get workers’ compensation benefits if the accident was caused by your intoxication or use of drugs or alcohol. You also cannot get benefits if you were injured while trying to harm yourself or someone else.
What is an IME, and why would the insurance company want one?
The law does not require you to fill out a written accident report in order to get workers’ compensation benefits. That said, you can use your work accident report as a chance to document all of your injuries. Make sure to list every single part of your body that was hurt in the accident, even if it does not seem badly hurt. Some injuries don’t seem that bad at first. If you don’t list a body part, the insurance company will almost always deny you care for that part of your body. So be as accurate, complete, and honest as possible.
It's been weeks and I haven’t received a check from the insurance adjuster for my workers’ compensation lost-wage benefits. What
If your authorized doctor excuses you from work, and your claim has been accepted by the insurance company, you should be getting weekly “TTD” benefits checks. If not, call us today to enforce your rights.
The insurance company wants to talk to me. What should I say?
Don’t talk to the insurance company alone. If it gets to the point where the insurance company wants to take a recorded statement, it’s serious enough that you want legal help on your side. Call an experienced attorney who can represent you. Workers’ compensation is complicated, and one wrong word can keep you from getting the compensation you deserve.
What should I tell the doctor?
Tell the doctor everything at the beginning. A serious injury may not have major symptoms at first. Even if it seems minor to you, tell your doctors about all of your problems and all of the parts of your body which were hurt at work. For example, if you fell and injured your ankle, but you also have some back pain, you need to tell the doctor about both your ankle and your back. Failure to give your doctor a full, honest report of your injury may let the insurance company argue that your injuries were not caused by your accident.
I was hurt at work. Do I have to go to the doctor on my employer's panel of physicians?
Yes. Keep your doctor appointments. Even if you’d prefer to go to your own doctor, make sure to keep the appointments that your employer has set up. Refusing to cooperate with your medical treatment may cause you to lose certain benefits. If you think that the doctor selected by your employer or their insurance company isn’t treating your fairly, contact our Atlanta personal injury lawyers to help you determine your rights. Don’t wait too long! Severe medical conditions may not seem serious at first. It is important that you contact help as soon as you can. Personal injury cases need immediate attention.
At Morrison & Hughes, we utilize advanced technology, such as automated flying drones for car inspections and 3D printers to print medical models, to ensure that every detail of your case is reviewed and analyzed. We make sure to have all the needed evidence to set your case up for success.
Our team includes former defense attorneys, granting us invaluable insight into the strategies and tactics employed by the opposition. This unique perspective empowers us to build robust cases and anticipate the other side's moves, ultimately ensuring our clients receive the strongest representation and are positioned to obtain favorable outcomes in their personal injury claims.
At our law firm, we ensure that every client receives personalized attention directly from a skilled and experienced lawyer. When you hire us, you can rest assured that your case will be handled by a dedicated attorney, not delegated to support staff, maximizing the quality and effectiveness of our legal representation.
Our founding partners, Hil and Tristan, both have over 20 years of experience defending the rights of the injured. With a proven track record of successful outcomes, our deep knowledge and understanding of the complexities involved in personal injury cases ensure clients receive the utmost care and dedication throughout the legal process.