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Georgia Workers Compensation Claims
However, filing a worker’s compensation claim is no easy feat. Even though enough safety precautions are applied in the workplace, work-related accidents and deaths still happen. Every year, there are still thousands of workers dying and getting sick due to the negligence in the workplace or businesses. Because of this, the need for worker’s compensation lawyers continues to rise.
Though each state has its own worker’s compensation law they serve the same purpose. In the state of Georgia, their worker’s compensation law has their own specifics and the lawyers at Georgia Law Firm are well-versed in the ins and outs of the law. If you or a loved one is injured on the job have been denied a settlement claim or is dealing with a complication claim, our lawyers from Georgia Law Firm can help you with the complicated claims.
Why You Need the Help of a Worker’s Compensation Attorney
There are many factors that can prevent a claim from being paid out. Sometimes, employers would deny a claim just because they don’t want their premiums to go up or they just don’t want to cover the injury and would deny it ever happened. There are also times that insurance companies will refuse to payout and deny your claim, because it isn’t in their financial interest, or they are reluctant to pay when employees make fake or exaggerated claims to come up with a notable sum of claims.
When you find that it’s too difficult to file a worker’s compensation claim and you believe you really deserve it, at Georgia Law Firm we will be able to help you. With a worker’s compensation attorney assistance and ability, you will have a better chance of receiving the worker’s benefits you are entitled too. Your attorney will help you gather evidence to build a strong compensation case. They will gather data such as medical records, police and safety reports, video footage if available and eyewitnesses if possible. In the event that the first time you file a claim it was denied an attorney will be able to help you file an appeal with the Georgia workers’ compensation board. This is the phase where you and your lawyer can demand those benefits to be paid.
Moreover, your attorney can help in determining whether you can seek additional damages for your injury. Although Georgia’s workers’ compensation law covers lost wages, medical treatment, and permanent or partial disability insurance, if someone is discovered other than the employer to be a causative factor in the accident it will be your attorney who will determine whether a third-party lawsuit is possible. A third-party lawsuit is applicable if another factor contributed to the accident, such as a defective piece of equipment.
Filing a Claim with a Lawyer’s Help
In the state of Georgia, businesses or establishments with three or more employees are required to provide workers’ compensation insurance. When workers or employees are injured, they have 30 days to file or also known as “notice of injury” claims with their employer. It is essential that you report the injury immediately and not delay the process. By filing as soon as possible or when it is practical after the injury occurs, it can help in making the claims process move faster. The compensation claims begin after the notice of injury was completed.
Your workers’ compensation attorney can help you in filing a WC-14 form with the Georgia State Board of Workers’ Compensation. This will be filed after you file the notice of injury. There are several factors that need to be considered before the case can move forward. These are:
– Location where the accident happened
– A confirmation that the injured individual is indeed and employee
– Providing evidence that it was because of the job that accident happened
– Finding out if the accident is within the Georgia State Board of Workers’ Compensation
– Can retrieve records about the victim’s wages
After reporting your injury you must seek medical help from a medical professional provided by your employer’s insurance. Your employer can post a panel of at least six doctors that you can choose from to seek medical attention. Your lawyer can help you in choosing the right physician and if your initial claims were denied, your lawyer can still find a doctor that can offer you a second opinion for your appeal.
What are your Options if you were denied a Claim?
Even if you do have a lawyer, it is not a guarantee that your claims can go through. Normally this can be a result of the insurance company denying the claim due to lack of evidence that the injury was caused by an accident in the work-place or that it was the because of a preexisting medical condition. Through our years of experience as worker’s compensation attorneys in the state of Georgia, we saw many employers use a wide range of schemes to try to sabotage the workers’ compensation claims of their employees. The lists are endless, but there is still hope. 60 days from the date the first claims was denied, the appeals process begins. After hearing both sides of the case, the administrative judge will either issue you an award or can deny your claim the second time around. However, you can continue to appeal after your claim has been denied many times because the appeals process can go even further.
Independent Contractor: Are they eligible for Workers’ Compensation?
In Georgia, independent contractors are not provided with workers’ compensation and because of this many employers will take advantage of this and would classify their employees as independent contractors. Since they are classified as independent contractors, employers are not liable to pay for worker’s compensation.
However, there are ways you can be eligible for these benefits even if you are classified as an independent contractor.
– The employee is given a structured work schedule from a third party.
– The work schedule is not personally controlled by the employee.
– The employee completed his job as dictated by another individual.
At Georgia Law Firm our attorneys who are experts in the workers’ compensation law will be able to help you in determining if your employer has misclassified you as an independent contractor. If indeed you are, your lawyer will be able to help you in filing a claim.
Filing a worker’ compensation claims on time are important since the settlement case is covered by the statute of limitations. If you think you have a claims case, call us at Georgia Law Firm and have your case evaluated for free.
We understand it can be very difficult if you met an accident and are causing you pain and suffering, missing out on work losing pay on the process. With the help of your attorney, you will be provided with a settlement that you so deserve. Call us now.
Rated As One Of The Best Worker’s Compensation Attorneys In Georgia By Martindale-Hubbell
Samuel E. Earley Jr. is a worker’s compensation injury claim lawyer from Winder, GA, a suburb just north of Atlanta who is viewed by his peers as an outstanding attorney in the USA for his practice areas of law. Sam graduated in Georgia State University of Law and was called to the Georgia Bar in 2004.
He is considered one of the preeminent lawyers in the USA by Martindale Hubbell. For over 100 years, the Bar Register has been a unique guide to the legal community’s most eminent professionals. It includes only those select law practices that have earned the highest rating in the Martindale-Hubbell Law Directory and have been designated by their colleagues as preeminent in their field.
Don’t wait until it is too late to seek justice for what happened to you or to a loved one, call us now for a free personal worker’s compensation injury case evaluation.