Workers’ Compensation: Experienced Advocates for Injured Workers with Experience and Reputation in Workers’ Compensation Law in Georgia
At Julie A. Rice, Attorney at Law, & Affiliates, our Workers’ Compensation Attorneys have represented thousands of people and their loved ones who have been injured or killed on the job in Canton, GA, Atlanta, GA and the Entire State of Georgia.
We have collectively over 50 years of experience representing injured workers and their families and many of our Lawyers have devoted almost exclusively their law practices to represent people and their loved ones who have been injured or killed on the job. If this most unfortunate event has happened to you or a family member, then we are very sorry and we are here to help so that you receive the benefits and compensation that you deserve under Georgia Law.
As with most cases, it is most helpful if you contact us early in your case for your free consultation so that we are of the most benefit to you in advocating for the compensation that you deserve and to meet all the necessary legal time limits in your case. We are available 24/7 to assist you and you may contact us by any or all of the following means by phone at (770) 865-8654 and (813) 363-6664, by email at firstname.lastname@example.org, or Contact Us on our website. We are here to assist you if you have been injured on the job, or if a loved one has been killed on the job. We are here to assist you so that you receive all the compensation that you deserve, and we look forward to hearing from you soon.
At Julie A. Rice, Attorney at Law, & Affiliates, our Workers’ Compensation Attorneys understand the law in Georgia as it pertains to the injured or killed worker. We have worked for the insurance companies and understand the strategies that the insurance companies use in order to get you the least amount of compensation possible, where, on the other hand, we work to get you the most amount of compensation that you deserve. We also understand the potential Personal Injury aspects of your Workers Compensation Claim so that you receive the benefits that you are entitled to in order to make you whole after an injury, or death, on the job such as not giving the the Personal Injury Insurance companies subrogation rights when you may have pain and suffering and/or other injuries that you are entitled to in order to make you whole after an on the job injury and other benefits that you may not be entitled to in just a Workers’ Compensation Claim.
Most of our Workers’ Compensation Lawyers have previously worked for the insurance companies so we are at a distinct advantage to those firms who do not have this insurance defense experience. This defense experience allows us to navigate the process more efficiently and with more expertise than the attorney who has never worked defending an insurance company and this makes us invaluable to your case. We understand the devastation that you face when you or a loved one has been injured or killed on the job. The insurance companies are there to protect their interests so it is imperative that you have a strong and experienced Attorney on your side to protect your interests.
Many of our Workers’ Compensation Lawyers have also written several articles and given multiple presentations on the issue of Workers’ Compensation Law in Georgia and have been named as Super Lawyers for many years in this practice area. As such, you can be assured that with us your case gets the quality, attention, expertise, and experience that you deserve when facing this most challenging aspect of your life. You deserve the best representation and we are here to provide that quality standard to you every step of the way.
It is important to understand that the Workers’ Compensation Law in Georgia is very different than other types of law in Georgia such as Personal Injury Law, and the Workers’ Compensation Law is subject to special rules. Workers’ Compensation Law is governed in part by O.C.G.A. Section 34-9-1. A Workers’ Compensation case exists when a person is injured on the job and special procedures are in place to allow the injured worker to recover money to compensate them for their medical expenses and loss of earnings. Money for general damages as in a personal injury case, however, are not allowed. Instead, workers are compensated for any disability (temporary, total, partial, or permanent) that interferes with the ability to work.
A special board called the Workers’ Compensation Board exists to resolve the disputes between the injured worker and the employer. This system is intended to protect the worker whether or not the worker was injured as a result of the employer’s negligence or not, and it even protects the worker if the injury was a result of the worker’s own negligence.
If a worker is injured on the job due to the negligence of a third party, then the worker can sue the other third party while also filing a workers’ compensation claim, and this is referred to as a third-party action. It is important to note, however, that double recovery is not allowed meaning that the injured worker can not recover from both the employer under the workers’ compensation law and the third party under another civil or criminal action. We understand these rules so it is important to seek the advice of a qualified attorney so that you do not make any mistakes with third party or other claims if injured on the job.
A very important website for Workers’ Compensation cases is the Occupational Safety and Heath Administration (OSHA) website since OSHA governs safety work standards that must be followed by employers.
We understand and have extensive expertise and experience in this very special area of Georgia Law and are experts at defending people who have been injured or killed on the job.
For example, we know the details of the five (5) types of benefits that may be available to workers injured on the job including, but not limited to:
- Temporary Total Disability Benefits
- This qualifies you for 2/3 (67%) of your wage loss.
- Temporary Partial Disability
- You may get 2/3 of your wage loss.
- Permanent Partial Disability
- Each body part is worth a certain amount of money.
- Medical Treatment
- You must be allowed to choose a doctor from the employer’s list of doctors. If you do not like the doctor that you see on the panel, then you have a free choice to select any other doctor on the posted panel, without interference from your Employer. This doctor must also be paid in full by the employer.
- If the Employer’s Panel is in violation of Georgia Law, you may pick any doctor you want.
- Medical treatment is paid directly to the doctor.
- You should be reimbursed for your traveling expenses as well as for prescriptions and any other medical service prescribed by your doctor.
- Rehabilitation Services
- This benefit is usually optional.
- You may be returned to work for Light Duty if authorized by your doctor.
As with most areas of Georgia Law, there are time limits. Normally, a claim must be filed with the State Board of Workers’ Compensation within one (1) year of date of injury. There are exceptions, however, but it is important that you Contact Us immediately following your injury so that you don’t miss any time limitations in your case.
It is very important to note that there is no recovery under Georgia Workers’ Compensation Law for Pain and Suffering.
The following are answers to many questions that we are asked about Workers’ Compensation, and will help reiterate some of the concepts we have covered as well:
1.) What is Workers’ Compensation?
As soon as you begin working your employer is responsible to provide you with workers’ compensation in the event that you are injured on the job, or a loved one dies on the job, whether that injury or death is due to an accident, or an injury or death that is due to the duties of your job in your place of employment also known as an “occupational injury”. The law is meant to protect both the employee and the employer if such unfortunate events happen on the job. The employee is protected by the law by receiving monetary compensation to cover expenses that the employee may not be able to pay as a result of not being able to work, and also medical benefits to make sure that injuries and illness are treated as soon as possible and in the best way. The employer, in turn, accepts liability for any accident in the workplace and is, therefore, protected from being sued by the employee. As such, the workers’ compensation law works for both the employee and employer’s benefit.
2.) What does Workers’ Compensation Encompass?
In other words, who does the workers compensation law protect? The workers’ compensation law protects employers and employees. This may seem like an obvious statement but, under the law, who is defined as an employer and who is defined as an employee can be somewhat unclear. Georgia defines employers whether they be corporations, individuals, firms, associations or the like and states that employers must provide workers’ compensation insurance for all of their employees if they have three (3) or more people working for them on a regular basis. Likewise, contractors must provide workers compensation coverage to subcontractors if the subcontractor does not have their own workers’ compensation insurance.
Georgia law defines employees as anyone who works on a regular basis whether it be full-time or part-time. The definition includes corporate officers, minors, limited liability company members. It does not include, however, partners or sole proprietors that are not employed by the business.
Although employers, as defined herein above, are responsible for providing workers’ compensation insurance or be self-insured, not all employers have this coverage. This does not absolve the employer from liability and the employer who does not provide proper insurance can also be at risk of facing penalties by the State Board. If you are wondering whether or not your employer has workers’ compensation insurance, you can look to see if there is a Notice of Compliance and the State Board of Workers’ Compensation Bill of Rights posted in the manager’s office, break room or some other obvious place, then you will know that your employer has the proper workers’ compensation insurance.
It is important to note, however, that just because the employer has the proper workers’ compensation insurance does not mean that the insurance company is going to look out for your best interests if you are injured on the job. To the contrary, it is the business of the insurance company for you to receive as little compensation as possible if you are injured, or if a loved one has died, on the job to save the insurance company money. It is, therefore, important to seek legal counsel if you are injured on the job, or a loved one is killed on the job, so that you receive the most amount of compensation instead of the least amount of compensation.
3.) What does No-Fault Workers’ Compensation Mean?
This means exactly what it says and that is that the employee does not have to prove that the injury or death was the result of any negligence of the employer. This takes a tremendous amount of burden off of the employee. Therefore, regardless of how the accident happened or who caused the accident to happen, as long as the accident took place on the job while you were on the clock working, then you are eligible for worker’s compensation protection. Workers’ Compensation cases are still complicated, but the no-fault portion of the law makes it easier for you to focus on getting well instead of gathering evidence to prove your claim.
4.) How does Medical Care work under Workers’ Compensation Law?
Unfortunately, you are not able to go to your own doctor after a work place injury and you must go a doctor that the employer chooses depending upon three (3) different options that the employer prefers. The three (3) options are as follows:
a.) Option One: This option provides for a Traditional Panel of Physicians that consists of six (6) physicians including one (1) orthopedic physician, and two (2) or less physicians from industrial clinics.
b.) Option Two: This option provides for a Conformed Panel of Physicians that consist of the same physicians as the Traditional Panel of Physicians in option one and then includes at least four (4) other physicians, and it also includes a chiropractor and a general surgeon.
c.) Option Three: This option is the most complicated and it involves your employer working with a Workers’ Compensation Managed Care Organization that is certified by the State Board of Workers’ Compensation and the medical care is delivered by your employer and the organization, and it must also include minority providers.
Whether your employer has option one, two, or three, this information must be posted in a obvious location so it can be referenced when necessary. Choosing which doctor is the best doctor to work with can be a daunting task for the injured employee. We are experienced in this area of law and, therefore, know the reputation of many doctors that are available through all of these options so we are able to assist you in choosing the right physician for your particular circumstances.
5.) What does it mean to Win a Workers’ Compensation Claim?
A workers’ compensation claim might seem straightforward at this point such as your employer automatically accepts responsibility, you pick a physician for treatment, and your treatment is paid for, and then you get treatment so you can get back to work. Unfortunately, it is not this straightforward and if it was, then there would be no need to have experienced legal counsel on your side. The reason it is not this straightforward is because the insurance company, who is in the business of saving money and spending the least amount possible on your claim, is always trying to find ways to pay the minimal amount possible to you as an injured worker. They do this by trying to find ways in which you are making mistakes in your claim and, if you make mistakes in your claim, then you do not win your workers’ compensation case and your financial future is at stake. Therefore, there are some very important steps to follow to make sure that you win your workers’ compensation claim, and this is what it means to win your workers’ compensation claim:
a.) A Winning Settlement Means Not Having to Pay Out of Pocket for Any part of the Accident that Happens on the Job. These expenses include, but are not limited to, medical expenses, treatment expenses, or any other bills that you incur as a result of your injury on the job. Therefore, it is imperative that you follow all of your doctors instructions, and let your doctor know of any and all additional symptoms you have experienced after being hurt on the job. This is very important so that your doctor can have you on the best treatment plan for your condition and so that you get well and fully recover. It is important to communicate any new symptoms and get the proper treatment before your claim settles since once your claim settles, then you may not be able to recover for any additional injuries even if they were caused from your injury on the job.
b.) A Winning Settlement Means Getting the Full Compensation you are Entitled to After your Workplace Injury. You are entitled to compensation for injuries on the job, or if a loved one was killed on the job. Remember, just because the employer has workers’ compensation insurance does not mean that the insurance company will automatically pay you what you are entitled to as compensation of your injuries on the job. To the contrary, as as we have stated many times before, the insurance company is out to pay you as little amount as possible for your on the job injury. Therefore, winning your case means that you have to aggressively fight the insurance companies and this requires a complete understanding of the law. An experienced workers’ compensation attorney has a complete understanding of the law that you need in order to get the full compensation that you are entitled to in your case.
c.) A Winning Settlement Means Receiving Compensation that will Keep You and Your Family Financially Secure After a Serious on the Job Injury. If you are not fully healed when your case is over, then you may not be able to work the same job that you did before and provide for your family as you did in the past. In fact, many on the job injuries result in permanent disabilities. Therefore, your long term financial security must be taken into consideration when negotiating a settlement for your workers’ compensation claim. With the support of documentation from your medical doctor, you should be able to receive disability benefits to compensate you for not being able to do work that you once did. Therefore, a winning case means that you are covered at the current time and that you are also covered in the future.
6.) What Damages are Available to Me as an Injured Employee in a Workers’ Compensation Settlement?
There are three (3) main types of damages that may be available to you under your Workers’ Compensation Claim in Georgia:
a.) Medical Costs. Medical Costs include Treatment Costs such as surgery and any pre and post surgery medical expenses. Medical Costs also include Rehabilitation Costs, and your employer must also allow you time away from work for your rehabilitation program. Finally, Medical Costs include a Return to Work Program that allows you to return to work in a capacity that you are able to handle after your injury and this might include limited or light duty. You may not be able to return to the job that you did before you were injured and it is the responsibility of your employer to work with you to allow you to return to work in a manner that takes into consideration your injury and condition. To make sure that this happens, you must follow your doctors orders and recommendations, and your employer must do the same as well. If you or your employer deviate from what your doctor has recommended, then you run the risk of having part of your claim denied for medical expenses and/or disability benefits.
b.) Disability. As discussed above, there are different types of disability and you are entitled to compensation for these types of disabilities such as Temporary Disability Benefits, Permanent Partial Disability Benefits, and Permanent Total Disability Benefits.
c.) Death. In the very unfortunate situation where an injury on the job causes the death of a loved one, then the family is entitled to workers’ compensation and this can include the costs of the burial and the income that they once relied upon for support from the deceased.
7.) What are the Critical First Steps that I Should Follow After an Accident on the Job?
a.) Notify your Employer As Soon As Possible. Technically, you have thirty (30) days to notify your employer of your injury on the job. Some injuries are obvious and serious enough that you may notify your employer right away. Some injures, however, may not present themselves with symptoms right away and you might not know that you have actually been injured. Therefore, if you even think that you have suffered an injury on the job it is imperative that you tell your employer right away. This is important for a couple of reasons. First, it will hopefully prevent someone else from being injured. Second, it puts your employer on notice that you have a workers’ compensation claim. Once you have notified your employer, your employer must file a workers’ compensation claim with their insurance company and the process will start of having your costs covered and you can begin to get well again.
b.) Seek Medical Attention Right Away. This is very important and critical to your claim. You might not feel as injured as you really are and any delay in treatment could hinder your ability to get well again. As stated above, the doctor that treats you must be one of the approved doctors that your employer has chosen and you should be able to find this information wherever the other workers’ compensation information is posted. Furthermore, seeing a doctor right away is critical for your workers’ compensation claim. If you delay treatment, then the insurance company may use this as a reason to pay less for your claim and remember, the insurance company will do whatever they can to pay as little as possible for your claim.
c.) Contact a Workers’ Compensation Attorney as soon as possible so that your Rights are Protected. When you file a claim, it is imperative that you have an experienced workers’ compensation attorney on your side to represent your interests so that you receive the most amount of compensation that you deserve. You do not want to fall victim to the insurance companies and our workers’ compensation lawyers started as attorneys working for the insurance companies so we know the strategies that the insurance companies will try to devalue your claim. The following are the top seven (7) reasons it is imperative that you have a skilled workers’ compensation attorney on your side:
i.) To Assist you in Finding the Best Doctor for Your Care for your Injuries. As stated previously, our attorneys know the doctors and are skilled at finding the right physician for your injury and claim.
ii.) To Help you Learn and Understand your Legal Rights. Workers’ Compensation claims are complicated and if you do not know and understand your legal rights you could jeopardize your claim and your future. Don’t leave it up to the insurance company or your employer to do the right thing in this situation. You need to take responsibility for knowing your rights and having a strong advocate in your corner is key.
iii.) To Take the Burden of Dealing with Insurance Companies off of You so You can Focus on Getting Well and Getting the Most Amount of Compensation that you Deserve. The attorney that you hire will deal with the insurance companies for you and protect you from making mistakes in your claim. The insurance company will not be able to play games with you and your claim if you have an attorney handling your case. It is your attorney’s job to deal with the insurance companies so you can focus on getting well, and so that you receive the most amount of compensation that you deserve.
iv.) Get An Experienced Opinion of What Your Claim is Worth. We know how to value your claim and this is not an easy job. With the right attorney, you do not have to worry that your medical bills won’t be paid, that you won’t receive the proper treatment, or that your financial future will be in jeopardy.
v.) Get Invaluable Peace of Mind that your Claim is being Handled in the Best Possible Way. You won’t lose sleep at night worrying about your claim with the right attorney by your side protecting your interests.
vi.) Find Added Sources of Income that you may not have Realized were Available to you. You do not want to run the risk of missing a bill or leaving money on the table for the insurance company. You want to be protected from paying anything out of pocket, and increase your changes of winning your claim.
vii.) Have Confidence in Knowing that your Final Settlement will Cover Your Costs and Keep Your Family Protected. If you are not able to work, then you and your family can suffer terrible financial hardship. You want to be confident and know that your final settlement will cover the costs of your injury and protect the future of your family.
8.) The Following is a List of the Most Common Questions that People Have about their Workers’ Compensation Claim:
Q: Can I sue my employer for my injuries?
A: In most cases, the only way that you will receive compensation for your injury on the job is by filing a workers’ compensation claim. There are some instances, however, where a lawsuit may be in order such as if a third party caused the injury or your employer negligently hired the third party. It is imperative that you receive legal advice in order to determine if a lawsuit is necessary, or possible, in your case.
Q: Is there any reason that my employer may refuse to pay my workers’ compensation?
A: Even though workers’ compensation insurance is meant to protect both the employer (from costs and liability) and the employee (assuring that the bills are paid for the injury and so forth as described herein), some employers will refuse to pay a claim. If this happens, then your case should be brought before an Administration Law Judge. As you can imagine, this is very complicated and it can take months for your case to be heard. When you have an attorney on your side, you have assistance with this process and it is also less likely that your employer will refuse to pay your claim without just legal cause.
Q: Can I do anything to help my claim move faster or get a larger settlement?
A: Yes, you can work closely with your attorney and keep your attorney up to date on any details that are pertinent to your case. You can also make sure that any calls are directed to your attorney so you are not bothered with calls, or so you don’t say the wrong thing, and your attorney can work to move your claim along more quickly.
9.) What should I Expect During the Negotiation of my Claim?
a.) The first thing that you should expect is an investigation of your claim. The insurance company has 21 days to investigate your claim and determine if you are entitled to benefits. Most insurance companies complete the investigation on time. Others, however, do not and may take as long as six (6) months to evaluate your claim in which case you are left without income and compensation for a long time. This is not as likely to happen if you have legal counsel on your side.
b.) You should also expect to continue to receive medical care from your approved doctor. Again, it is critical that you follow your doctors orders, attend all appointments, do any and all rehabilitation that is ordered by your doctor, and follow all of your doctors instructions precisely. This is not only critical to your claim, but it is critical to your recovery.
c.) You should expect to receive income through your benefits, or by performing light duty at work. If you are not able to work, then your doctor will put you on a “no work” status and you will not work until your doctor determines you can work. During this time, you should receive benefits from the insurance company so you have income. If, however, you are able to work light or limited duty, then you may work, but only if your employer allows you to work. If you employer does not allow you to work, then the insurance company will pay you benefits during this time. Finally, if you were on a “no work” status and then your doctor tells you that you can return to work on a limited status, do not return to work until you have consulted with your attorney.
d.) You should also expect frequent updates from your workers’ compensation attorney. This is a two way street. It is important that you notify your attorney of any changes in your condition, any calls from the insurance company, or any changes relevant to your claim. Your attorney should also update you with any status they have on your claim so you know that your claim is being moved along for you.
At Julie A. Rice, Attorney at Law, & Affiliates, our Workers’ Compensation Attorneys understand the law in Georgia as it pertains to the injured or killed worker. It is most helpful if you contact us early in your case for your free consultation so that we are of the most benefit to you in advocating for the compensation that you deserve. We are available 24/7 to assist you and you may contact us by any or all of the following means by phone at (770) 865-8654 and (813) 363-6664, by email at email@example.com, or Contact Us on our website. We are here to assist you if you have been injured on the job, or if a loved one has been killed on the job. You may also visit our Resources page and Workers’ Compensation FAQs for answers to many of your questions. We are here to assist you so that you receive all the compensation that you deserve, and we look forward to hearing from you soon.
- Accidental Death Benefits
- Construction Accidents
- Choosing a Doctor
- Dealing with Insurance Companies
- Filing A Claim, Discovery, Alternative Dispute Resolution, Settlement, Hearing And Appeal
- How To Reduce Your Risk Of Getting Into An Accident On The Job
- Latent Disability Claims
- Lost Wages
- Lump Sum Settlements
- Medical Negligence in Workers’ Compensation Claims
- OSHA and Workplace Rights
- Pay Without Prejudice Period
- Pre-Existing Conditions
- Types of Work Accidents, Specific Injuries and Health Issues
- Warehouse Accidents
- Workers’ Compensation Benefits
- Workers’ Compensation Medical Bills