If you have recently been injured on the job in Atlanta, Georgia, you are not alone. Thousands of workers across the country are injured while performing their work duties. If you have suffered an on-the-job injury while working, you are probably eligible to file a workers’ compensation claim. You need to know how to proceed after a work injury so you can ensure your rights are protected and you can preserve the evidence needed to support your Georgia workers’ compensation claim. Regardless of where you are employed or your job duties, you are sure to face specific dangers and inherent risks.
If you have been injured on the job in Atlanta, make sure you seek medical care right away. You must make sure an accident report is filed and that either human resources or your supervisor are notified as soon as possible. You need to make sure you do everything by the book so you can protect your rights and gather the needed documentation to support your work injury claim. Here are some tips regarding how to handle an injury at work and how to proceed so you can ensure you have done everything properly so you can proceed with a claim for workers’ compensation benefits in Atlanta.
- Make sure the injury is reported right away. Notify your supervisor and fill out the injury report available from your employer. You should be very specific when providing details. Also, complete this form as quickly as possible after the accident because your memory of the incident will fade over time. You want to be as accurate and detailed as possible. Ask any witnesses to provide written statements while the incident in still fresh in their minds, too.
- Look over the Panel of Physicians which should be posted in your workplace. If you don’t see this listing, contact your supervisor or human resources department for this list. This list contains employer-approved physicians where you can be treated for your work-related injuries. You will need to select a physician from the provided list. That will be your approved treating physician (ATP). You can only change your ATP once throughout your course of treatment for the injuries suffered at work.
- You should have contact with your employer’s workers’ compensation insurer. Be sure to communicate with them as soon as possible after your injury. There will be an insurance adjuster from the workers’ compensation insurance company assigned to your claim. That adjuster will make sure your medical bills are taken care of. You will also be compensated for a portion of your lost wages. If your workers’ compensation claim is denied, or if you aren’t receiving all the benefits that you are entitled to receive, you should consult with an experienced Atlanta workers’ compensation attorney. Your lawyer will help you file your claim and prove that your injuries resulted from the work-related incident.
What Are Some Common Reasons Atlanta Workers’ Compensation Claims Are Denied?
While workers’ compensation is a no-fault program, which means if you were hurt on the job you should be covered by your employer’s plan, it might not be as easy as it seems for you to get your benefits. Your employer or your employer’s insurance company might allege that your injury did not occur on the job or that your problems result from a pre-existing condition in an effort to get out of paying the claim. In those situations, you will have to prove that you were indeed hurt while working. Testimony from doctors and witnesses might be necessary. Documentation is important, including medical records, photographs, and employment records.
To challenge a denial of workers’ compensation benefits, you will need an experienced workers’ compensation attorney who is familiar with the latest Georgia workers’ compensation laws. Your lawyer will investigate your accident. Your medical expenses will be calculated, any physician notes will be carefully read, and your time missed from work and lost wages will also be calculated. Bader Scott Injury Lawyers has been helping Atlanta workers who have suffered injuries on the job for years.
What Are Some Workers’ Compensation Benefits Available to Atlanta Workers Who Are Injured on the Job?
Several laws regarding Georgia workers’ compensation benefits changed in 2013. Here are how some of those laws impact the workers’ compensation benefits available to you. HB 154 was passed in July 2013 and it affects the benefits that might be available. Those benefits include:
- For injuries that took place on or after July 1, 2013, there is a 400-week cap on medical claims except those that are designated as “catastrophic.”
- Mileage expenses were reduced from 30 days to 15 days with the new legislation.
- If under the 240 process a light-duty job is offered, the injured worker is required to try to do that light-duty job for one scheduled workday or eight cumulative hours, whichever is longer. A workers’ failure to attempt the light-duty work for this timeframe can lead to a suspension of workers’ comp benefits. This means that if your physician says you can do light-duty work, you must try to do so or you will lose all benefits.
- For any work injuries that took place on or after July 1, 2013, the maximum TTD rate has increased to $525 per week while the maximum TPD rate is raised to $350 per week. Your attorney can help you with these figures and determine the amount of benefits that you are entitled to receive as part of your workers’ compensation package.
What If I Am Facing Challenges With My Workers’ Compensation Claim in Atlanta?
If you are facing off against your employer or your employer’s workers’ compensation insurer because your claim has either been denied or you are not getting all the benefits that you are entitled to receive, you should seek experienced legal counsel from a lawyer who helps clients dealing with work injury law. The Bader Scott Injury Lawyers has a proven track record of helping injured Atlanta workers get the workers’ compensation benefits that they are entitled to receive after an accident. For workers’ compensation representation in Atlanta, call (678) 562-5595 to schedule a free case consultation.
Seth Bader is an Auto accident, Workers Compensation and Personal Injury Attorney who practices in Atlanta, Rome, Savannah, Norcross, Carrollton, Georgia. He graduated from Florida State University College of Law, and has been practicing law for 14 years. Seth Bader believes in fighting for the injured. Learn more about his experience by clicking here.