Moebes Law is here to help you with the complicated process of filing for workers’ compensation in Atlanta. If your employer has workers’ compensation and you have been injured on the job, you are entitled to collecting workers’ compensation once you’ve filed for it.
Workers’ claims can be difficult to manage. Sometimes injured workers need to file a hearing request to receive the full amount of benefits they are owed. That’s why compensation claims professionals suggest working with a trained workers’ comp specialist because, any initial offer will not be as high as it could be with a skilled advocate.
This is to be expected and is also why hiring someone familiar with workers’ compensation and personal injury law in Atlanta is very important. Workers’ comp laws are state-specific everywhere, so it’s imperative to choose someone with experience in your community.
What Is My Atlanta Workers’ Compensation Case Worth?
If you have suffered an injury on the job in Atlanta, you may be wondering how much your case could be worth. To begin with, without a full consultation, it’s difficult to know the extent of your injuries or the amount of involvement the case will take.
You should also know that certain damages do not apply to these cases, such as pain and suffering, emotional distress, or loss of enjoyment of life. An injured employee is usually entitled to, at most, 350 to 400 weeks of lost wages, but very seldom do they get that amount.
Settlements of workers’ comp claims are voluntary. Most cases do settle, and this may turn out to be your best option. The Atlanta workers’ compensation attorneys at Moebes Law LLC can help you get:
- Workers’ compensation disability benefits and medical care
- Forcing payment for denied workers’ compensation claims
- Getting catastrophic benefits for those severely injured on the job
- Pursuing all other rights for any workplace injury, including a suit against a negligent third party that may have caused the injury
Call us now so you can sit down with a Georgia workers’ compensation law specialist. Get the compensation you deserve today.
Statistics and Related Data
According to the National Safety Council, in the United States, a worker is injured on the job every seven seconds. This equates to 540 work injuries per hour and 12,900 employees injured per day. Read on for more interesting statistics:
- All businesses in Georgia with three or more employees must carry workers’ compensation insurance.
- Sole proprietors and partners in a business can choose whether they want to be included in their workers’ comp insurance policy.
- Independent contractors are not eligible for employee benefits like workers’ comp, but this law is currently being debated in the state legislature.
- Business owners can buy workers’ comp insurance from any private insurance carrier.
- Workers’ compensation policies cover employees when working in the state or traveling employees who meet certain criteria that allow coverage in Georgia.
- You can be fired while receiving workers’ comp. This policy does not protect you from termination.
- Workers’ comp policies only cover injuries that take place on the job; other injuries are covered under a general liability policy.
- Generally, Georgia business owners can expect to pay between $2.00 and $2.50 per $100 in payroll.
- As of July 19, 2020, the number of applications for workers’ compensation in Georgia was 8,144, while total compensation payments were 2,578
Fatal Workplace Accidents
The U.S. Bureau of Labor Statistics reported that there were 193 total fatal work injuries in 2020 in Georgia. The most common fatal workplace accident in Georgia is transportation accidents. Transportation accidents resulted in 96 fatalities (49% of all workplace fatalities) in 2017.
Your employer’s insurance carrier can be held responsible for a fatal work-related injury. Deadly work-related accidents or those resulting in permanent partial disability or temporary total disability entitles workers or their surviving relatives to monetary benefits.
Atlanta Workers Compensation Lawyer Duties
Finding a workplace injury professional can be difficult. The workers’ compensation attorney you choose can drastically affect your claim.
The Atlanta workers’ compensation attorneys at Moebes Law LLC can help your family tackle the following workers’ compensation insurance claims:
- All neck and spinal injuries
- Back injuries requiring surgery
- Amputations of any part of your body
- Career ending injuries
- Construction injuries
- Death on the job
- Injuries in the line of duty
- Injuries involving arms and hands
- Injuries involving loss of sight
- Injuries on production lines, plants, warehouses, or factories
- Injuries suffered by nurses, CNAs, and nursing assistants
A workers’ comp attorney fulfills the following roles in your injured workers’ compensation claim:
- Handle the legwork, documentation, and processing of your claim
- Act as your advocate during settlement negotiations with the workers’ comp insurance provider
- Investigate your workplace accident
- Gather evidence of carelessness, recklessness, and negligence
- Handle the claims process on your behalf
- Secure qualified experts to testify on your behalf
- Take whatever additional steps necessary to give you the strongest possible claim to benefits.
Your Atlanta workers’ compensation lawyer should make your recovery process more efficient and effective. Moebes Law LLC can do this by fighting for the compensation you deserve for all of your past and future losses. Although it’s unlikely that your workers’ comp case ends up at trial, your lawyer can also fight for your benefits in court.
Atlanta Workers Comp Lawyer Benefits
Hiring a workers’ compensation claims law specialist for your Georgia workplace accident is recommended for several reasons. First, an array of deadlines must be followed for your claim to be successful. Missing even one of these deadlines could mean that your claim is barred from the court.
Another benefit to working with an injured worker’s attorney is that they can help prevent you from being taken advantage of. Some employers look for ways to deprive workers of the full range of benefits they are entitled to.
If you’re unsure whether or not your employer has done all they can to secure you the compensation you need, speak with an experienced workers’ comp lawyer. Your Atlanta workers’ compensation lawyer can help you reclaim the damages caused by your workplace incident.
Georgia Workers Comp Laws
Employees in Georgia are covered by workers’ compensation insurance. Georgia workers’ compensation laws provide medical and disability benefits for wage loss when workers are injured on the job. The Georgia workers’ compensation system requires employers to provide benefits even if they are injured in another state.
If you work for a company in Georgia with three or more employees, your company must have workers’ compensation insurance. If you are injured on the job, the company’s insurance policy may pay for medical expenses, rehabilitation, and a portion of your lost wages.
If you die in a workplace-related accident, the company’s policy will pay benefits to your surviving family members. You are covered as soon as you start working. There is no waiting period.
Atlanta GA Workers Comp Statute of Limitations
According to OCGA §34-9-82, the statute of limitations in a Georgia workers’ compensation case is one year. That means you have only a year to contact a workers’ compensation lawyer, prepare your compensation claim, and file it.
Waiting for the deadline can present many issues. You could risk losing valuable evidence that supports your workers’ compensation claim. Contacting a GA workers’ compensation lawyer as soon as possible protects injured workers from losing out on the benefits entitled to them by Georgia law.
What if my Atlanta GA employer is at fault?
Atlanta GA workers’ compensation laws provide employers with limited liability. So if your employer caused your accident, you generally cannot file a lawsuit to obtain compensation that goes beyond the benefits provided by workers’ comp.
However, the upside to this law is that you can still receive workers’ compensation benefits when the accident is your fault. Your employer’s insurance can cover medical costs caused by your workplace injury, whether you’re found at fault.
If you have trouble understanding the fault in your accident, contact the skilled workers’ compensation benefits law firm Moebes Law LLC for an initial consultation today. Or read on for the most frequent questions about workplace injuries, working with a workers’ compensation attorney, or securing workers’ compensation benefits.
Workers’ Compensations FAQ
Below are some of the most frequently asked questions we attend to with our Atlanta GA clients at Moebes Law LLC:
Is Workers’ Compensation the Same As a Personal Injury Lawsuit?
No, workers’ compensation is different from a personal injury lawsuit, although they cover your medical bills and lost wages. There are a few major differences: first, workers’ compensation does not cover you for pain and suffering or diminished quality of life.
Secondly, you do not need to prove that your employer is responsible for your injury. This is the case because workers’ compensation is a “No-Fault” system, meaning that as long as you are injured on the job, you will be compensated for your lost wages, medical bills, permanent damages, and the potential of retraining for your vocation. You cannot sue your coworkers or your employer through workers’ compensation.
How Much Am I Entitled To For Workers’ Compensation?
The amount you will file a request for in a workers’ compensation case will entirely depend on your claim’s specifics. Your earning history, your medical bills, the extent of your injuries, and your ability to rejoin the workforce will all play a role in determining this final number.
During your initial consultation with an attorney at Moebes Law LLC, you will have the opportunity to discuss these specifics and get an idea of the amount you will be filing for. Suppose you cannot return to work because of permanent injuries or are unable to resume your former job. In that case, this will add to the amount you are entitled to because of permanent disabilities. If you need to learn a new vocation to get back to your former earning potential, this can also add to your benefits.
In a personal injury lawsuit, the plaintiff additionally sues for loss of quality of life, pain and suffering, and other “intangibles” that are ultimately represented with a dollar amount. This is not the case with workers’ compensation. Punitive damages are not possible against your employer, either.
Can I Sue My Employer For My Injuries?
Since workers’ compensation is a “no-fault” system, your employer will not be considered for their role in the injury. By collecting workers’ compensation, you automatically waive your right to sue your employer or your coworkers for any damages beyond the scope of workers’ compensation payments.
The only case that this would be different would be if your employer were to maliciously injure you. To be allowed to proceed with a personal injury lawsuit, you would need to be able to prove that your employer acted with malice against you and intended to injure you.
This falls outside of the scope of workers’ compensation. If your employer was negligent, resulting in your injury, you must default to workers’ compensation.
Who is considered an employee according to Georgia Law?
Workers’ compensation insurance covers most employee activities involving those traveling outside the state, but exceptions exist. You are considered a Georgia employee and allowed to file with the workers’ compensation system in GA if:
- The contract of employment (express or implied) was made in Georgia
- Your place of residence is in Georgia
If your employment contract was made for work to be done exclusively outside the state, you might not be covered. Don’t fret; sit down with the experienced workers’ comp attorneys at Moebes Law LLC for a free consultation.
As an injured employee, you have rights, and you should not hesitate to exercise those rights. If you have been injured while traveling outside Georgia, Moebes Law LLC will represent you and help you fight for your workers’ comp benefits.
Can I File a Lawsuit Against Third Parties?
In some cases, you may be able to file a personal injury lawsuit against a third party, such as a manufacturer of a tool that you were injured on because it was faulty or improperly designed.
These cases are not as common as most workers’ compensation, but you will be able to discuss the circumstances with an attorney at Moebes Law to determine if seeking partial damages from the third party may be reasonable.
While this may complicate your overall process, it may ultimately win you more money for your damages. With the support of a legal professional, complicating your process will not add additional stressors to your recovery process, but will help you get the compensation you deserve.
What’s Georgia’s Average Weekly Wage?
When you are injured on the job and qualify for workers’ compensation benefits, you will receive a weekly income replacement check. Georgia’s workers’ compensation calculator uses an average of your pre-injury income to determine your benefit amount. Injured workers receive two-thirds of their average weekly wage.
Your average weekly wage will be calculated by using your earnings, similar employee earnings, or using your full-time weekly wage:
If you worked in the same employment for the 13 weeks before the injury, you will simply add your pre-tax weekly wages for the previous 13 weeks and divide by 13 to arrive at your average weekly wage.
Using Similar Employee’s Earnings
If you did not work “substantially the whole” of the previous 13 weeks, you can use the wages of another employee who is engaged in the same job. Similar employees work under the same job classification with the same pay scale as you. In this case, add the similar employee’s wages from the last 13 weeks and divide by 13.
Using Your Full-time Weekly Wage
If a similar employee doesn’t exist, Georgia will multiply your hourly wage by the number of hours for full-time employment. Your income replacement check will be two-thirds of the average weekly wage.
Note, in Georgia, there is a cap on the amount of weekly workers’ compensation benefits you can receive. As of July 1, 2013, the maximum amount you can receive is $675/ week and goes up again on July 1, 2022 to $725. You also can run into complications if you were on light duty or have more than one job.
Our workers’ compensation attorneys in Atlanta help you recover the workers’ comp benefits, death benefits, physical therapy, injured worker, and workers compensation cases benefits you’re entitled to.
Do I Need a Workers’ Compensation Lawyer?
You are not required to hire an attorney for a workers’ compensation process if there is nothing out of the ordinary. However, if your employer decides to dispute your claim, or if there are complications to your claims process, the help of a legal professional will be extremely helpful.
Our team has a history of successful workers’ compensation claims and will be happy to guide you through this sometimes frustrating process. If your employer has disputed your claim, or if a series of complications are becoming overwhelming (especially as you are recovering from your injury), then a lawyer will be a great asset.
Can Moebes Law LLC Help Me With a Workers’ Compensation Claim?
Absolutely. The attorneys at Moebes Law are available to discuss the specifics of your injury and claims process and identify any potential complications that may arise before you begin this process.
If you have determined that you do not have the time, energy, or understanding to maneuver this process with the certainty that you will be awarded all you are owed, then having counsel is a major benefit.
How long do you have to work before you are entitled to receive workers comp?
Coverage begins from the first day you start your job.
How do you file a claim?
How long will you receive these weekly benefits?
If your injury is catastrophic, you may receive them throughout your lifetime.
If you are injured and are unable to go back to work, what are your options?
Should you find yourself in this situation, you are entitled to get a different job or learn how to do another job. The State Board of Workers’ Compensation can guide you in this case. You may be entitled to rehabilitative training to help you find new work.
Can you receive Social Security benefits and workers comp at the same time?
You can, although your social security benefits may be reduced.
Can I trust my workers’ compensation insurance company?
Workers’ compensation insurance companies are not on your side. Even though you have suffered a serious injury and cannot return to work, insurance companies do not have to approve your claim.
Insurance companies profit billions of dollars each year by paying claimants as little as possible. Since profit supersedes services, it can be difficult to trust an insurance company to treat you fairly.
If you want to make sure that your insurer handles your case in good faith or offers you a fair settlement that compensates you for your losses, contact Moebes Law LLC. The best way to ensure you achieve a fair outcome is by calling a workers’ compensation attorney in Atlanta.
What about survivors’ rights to a workers’ compensation claim?
If a wage earner has been killed on the job, then their children and spouse have the right to recover dependency benefits for the loss of financial support that was provided. Surviving spouses or divorced spouses supporting the children of a worker killed on the job are entitled to a workers’ compensation claim as well.
Although it can prove difficult to move forward after losing a loved one, the financial demands of burying your loved ones may only compound your issues. You don’t have to face them alone. The Atlanta GA workers comp law firm Moebes Law LLC is standing by to address your legal troubles while you focus on what’s important.
Why would an Atlanta GA employer deny my workers’ comp claim?
Workers’ compensation cases can get complicated fast. Some injured workers’ claims are denied simply because there were no witnesses to the injury. Insurance adjusters also have to decide whether to pay for your claim or deny it.
Many insurance adjusters would rather deny your access to medical treatment than work to help you recover compensation and medical benefits. Another reason claims may be denied is if an employee tests positive for drugs.
Many workers’ compensation lawyers have found trouble securing medical benefits when it’s difficult to prove the accident happened at work. If there’s a legal gray area being tested in your workplace accident claim, workers’ compensation lawyers can help.
Maybe you were injured on the job but not on work premises; contact Moebes Law LLC. Our workers’ compensation lawyers work tirelessly to help their clients secure benefits for their medical expenses.
What happens if my employer denies my workers’ compensation claim?
If your claim is denied, workers’ compensation case specialists can help. If your claim was denied, you still have every right to pursue medical treatment and other benefits, but you will need a qualified workers’ compensation lawyer to help you.
Georgia’s Workers’ Compensation laws state that you may be entitled to paid medical care, rehabilitation, and lost wages if injured on the job. Moebes’ law firm can work with your doctors and insurance adjusters to secure the full benefits you deserve.
If your employer or workers’ compensation insurer denies your claim, you have a right to take them to court. You or your workers’ comp law firm should receive a notice with the reason for your claim denial. If you disagree with the reason for denial, you may request a hearing from the State Board of Workers’ Compensation.
A Moebes Law LLC workers’ compensation attorney can assist you in opening a claim with the State Board. They also can represent you in court or mediation. It’s imperative to work with a knowledgeable Atlanta workers’ compensation attorney.
Atlanta workers’ compensation lawyers understand injured workers’ rights. They can use the knowledge to gather evidence and medical documentation necessary to have the board approve your benefits.
Georgia workers’ compensation act professionals do not suggest handling your claim alone when your claim is denied. Some insurers deny claims that may help their clients recover compensation in large amounts.
If you have a work injury and your claim has been denied, please call Moebes Law LLC immediately. Injured employees do not owe us a penny until we obtain compensation for you. Sit down with us for a free consultation today.
Workers’ Compensation Lawyers of Atlanta
Submit the details of your case on our website, or contact us today to schedule a free consultation. You will have the opportunity to go over your injuries and financial circumstances with a professional who will help you determine the best course of action to realize a successful claim.
Our law office is located in Atlanta, GA. We will work tirelessly to initiate your workplace injury claim and fight to secure maximum compensation on your behalf. Whether you’re filing a single party or third-party claim doesn’t matter. Let us hold your employer’s insurance company accountable.
Sit down with us for a free consultation to get legal assistance, discuss your job-related tasks resulting in injuries, and our experience helping injured workers for years.