The team at 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 after you file for it. Even once you do begin to collect your workers’ compensation, you may need to file a lawsuit in order to receive the full amount of benefits you are owed. Since workers’ compensation is essentially insurance, keep in mind that, like an insurance company, the initial package you are offered for your compensation will not be the full amount that you are entitled to. This is to be expected, and is why hiring someone familiar with workers’ compensation and personal injury law in Atlanta is very important. The attorneys at Moebes Law LLC are experienced personal injury lawyers in Atlanta, and will help you navigate this complex and sometimes frustrating system.
Is Workers’ Compensation the Same As a Personal Injury Lawsuit?
No, workers’ compensation is different from a personal injury lawsuit, although they both 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 at fault 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 are not able to 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 be entirely dependent on the specifics of your situation. Your earning history, the amount of your medical bills, extent of your injuries, and your ability to rejoin the workforce will all play a role in determining this final number. During your first 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. If you are unable to return to work because of permanent injuries, or are unable to resume your former job, these will add to the amount you are entitled to because of permanent disabilities or your need to learn a new vocation in order to get back to your former earning potential.
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. In order 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, and that resulted in your injury, you must default to workers’ compensation.
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.
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 there are a series of complications that 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, the claim process, and to 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 that you are owed, then having counsel through the process is a major benefit.
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 to determine the best course of action to realize a successful claim.
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