LEGALLY REVIEWED BY:
Stephen R. Hasner
Managing Partner at Hasner Law PC
June 3, 2024

Key Takeaways About Workers’ Comp Litigation in Roswell, GA

  • Protection: Workers’ compensation in Georgia acts as a safeguard, offering financial and medical support to employees who suffer job-related injuries or illnesses. The process can be complex, often necessitating the expertise of a specialized attorney.
  • Process: The workers’ compensation process involves several steps, including reporting the injury, seeking medical attention, employer’s report to the insurer, claim investigation, benefits determination, and dispute resolution, all of which are critical to ensure full benefits.
  • Laws: Key laws in Georgia’s workers’ compensation system include the no-fault system, statute of limitations, medical provider panel, and rules for calculating income benefits. Understanding these laws is essential for navigating the system effectively.
  • Coverage: Workers’ compensation coverage in Georgia extends to most employees, including part-time and temporary workers and, in some cases, subcontractors, independent contractors, and volunteers. However, there are exemptions, such as agricultural laborers and domestic servants.

Workplace injuries can be more than physically painful; they often lead to a maze of complexities when it comes to securing the support and benefits workers need for their recovery. Workers’ compensation is meant to provide financial and medical assistance to those who sustain injuries or illnesses on the job. Understanding the ins and outs of workers’ compensation is vital to recovering fair benefits. A Roswell workers’ compensation attorney has the skills and knowledge required to ensure you successfully navigate your claim.

At Hasner Law, we recognize that workplace injuries can create a myriad of challenges. Our dedicated team, with over 100 years of combined experience, is committed to standing by your side as you navigate the workers’ compensation process. We believe in not only providing legal expertise but also in offering compassionate support during what can be a difficult time. Contact Hasner Law today, and let us help you on the path to recovery.

What Is Workers’ Compensation in Georgia?

Workers’ compensation serves as a shield for workers who encounter injuries or illnesses on the job. Essentially, workers’ compensation is a form of insurance that provides financial and medical benefits to employees who suffer job-related injuries or illnesses. The core purpose is clear: to ensure that employees are not left to bear the burden alone when they face the unfortunate reality of workplace injuries. Unfortunately, the process of filing for workers’ comp and ensuring you can recover full benefits can be incredibly challenging, requiring the knowledge and skills of a seasoned Roswell workers’ comp lawyer.

Understanding the Workers’ Compensation Process

Unforeseen accidents or injuries can disrupt the lives of workers, leading to a myriad of challenges. However, Georgia’s workers’ compensation system can be a huge support, offering the benefits to help individuals recover and regain stability after workplace injuries. To recover benefits, the injured worker must go through the following process:

  • Report the injury: The process begins with reporting the injury promptly to your employer. Timeliness is crucial, so ensure that you inform your employer as soon as possible after the incident occurs.
  • Seek medical attention: If the injury requires immediate medical attention, don’t hesitate to seek it. Georgia’s workers’ compensation covers medical expenses, including doctor visits, surgeries, medications, and rehabilitation.
  • Employer’s report to insurer: Once informed, your employer is obligated to report the injury to their workers’ compensation insurer. This sets the wheels in motion for processing your claim.
  • Claim investigation: The insurance company will conduct an investigation to verify the legitimacy of the claim. During this stage, they may contact you, your employer, and medical professionals involved in your treatment.
  • Benefits determination: If your claim is approved, you may be eligible for various benefits, including medical benefits, wage replacement (income benefits), and vocational rehabilitation if needed.
  • Dispute resolution: In case of disputes regarding your claim, the Georgia State Board of Workers’ Compensation serves as a forum for resolution. Mediation or a formal hearing may be conducted to address disagreements.

The workers’ compensation process has multiple steps that need to be followed carefully to ensure you meet the requirements necessary to obtain full benefits. Working with a skilled Roswell workers’ compensation lawyer ensures you have the guidance you need to avoid making any mistakes that may result in reduced benefits or even a denied claim.

Key Workers’ Compensation Laws

Understanding workers’ compensation laws is crucial to navigating the system. Key laws to keep in mind include the following:

  • No-fault system: Georgia operates on a no-fault system, meaning that workers’ compensation benefits are provided regardless of who is at fault for the workplace injury.
  • Statute of limitations: In Georgia, you have 30 days from the date of injury to report the incident to your employer and one year to file a claim with the State Board of Workers’ Compensation.
  • Medical provider panel: Employers are required to provide a panel of physicians for injured workers to choose from for medical treatment. However, exceptions exist for emergencies.
  • Income benefits: Income benefits are calculated based on two-thirds of the average weekly wage, with maximum limits defined by law.

Understanding the intricacies of the workers’ compensation process and the associated laws is crucial for those navigating workplace injuries. Seeking the guidance of an experienced Roswell workers’ comp attorney, like the team at Hasner Law, ensures that your rights are protected and you receive the full benefits you deserve during your recovery journey.

Brief Overview of Workers’ Compensation Coverage 

Workers’ compensation is a vital safety net designed to protect employees when workplace injuries or illnesses occur. Understanding who falls under the umbrella of workers’ compensation coverage is fundamental to ensuring that individuals receive the support they need.

  • Employees: The primary group covered by workers’ compensation in Georgia is employees. Whether part-time or full-time, permanent or temporary, all individuals engaged in employment activities are generally covered. This includes workers across various industries and sectors, from office settings to construction sites.
  • Employers: Georgia’s workers’ compensation laws require most employers with three or more employees to provide coverage. This coverage extends to businesses of different sizes and structures, ranging from small businesses to large corporations.
  • Subcontractors and independent contractors: While independent contractors are not typically considered employees, some subcontractors may still be covered by workers’ compensation, depending on the nature of their work and the agreements in place. The specific details can be complex, and it’s essential to evaluate each case individually.
  • Part-time workers: Part-time employees are entitled to workers’ compensation benefits just like their full-time counterparts. The key factor is employment status rather than the number of hours worked.
  • Volunteers: In certain situations, volunteers may be covered by workers’ compensation, especially if they are providing services for a governmental entity or a non-profit organization. The determination of coverage often depends on the nature of the volunteer work and the organization’s structure.
  • Exemptions: Some individuals may be exempt from workers’ compensation coverage, such as agricultural laborers, certain railroad workers, and domestic servants. Additionally, business owners and corporate officers may choose to exclude themselves from coverage, although they can opt-in if desired.

Understanding who is covered under workers’ compensation is critical for employees. It ensures that those who contribute to the workforce are protected in the event of workplace injuries or illnesses. As the laws surrounding coverage can be nuanced, consulting with legal professionals, such as the experienced team at Hasner Law, can provide clarity and guidance for those navigating the complexities of workers’ compensation.

What’s the Role of an Attorney in a Workers’ Compensation Claim?

Suffering a workplace injury can be a distressing experience, and the complexities of navigating workers’ compensation only add to the challenges. A workers’ compensation attorney plays a key role in making sure that individuals who have been injured receive the support and benefits they rightfully deserve.

Navigating Legal Complexity

The workers’ compensation system can be intricate and filled with legal nuances. A seasoned attorney acts as a guide, helping injured workers navigate the complexities of the legal process. From understanding eligibility criteria to filing timely claims, an attorney provides invaluable assistance in each step.

Claim Evaluation and Advocacy

An experienced attorney assesses the details of the workplace injury and evaluates the strength of the workers’ compensation claim. They advocate on behalf of the injured worker, ensuring that their rights are protected and that they receive fair compensation for medical expenses, lost wages, and other related damages.

Ensuring Proper Documentation

Workers’ compensation claims often require meticulous documentation. An attorney assists in gathering and presenting the necessary evidence, including medical records, witness statements, and other documentation crucial for substantiating the claim.

Handling Disputes and Appeals

In cases where disputes arise, a Roswell, GA workers’ compensation lawyer is prepared to handle negotiations with insurers or represent the injured worker in formal hearings. They ensure that any disputes are resolved in a manner that upholds the worker’s rights and secures the maximum benefits available.

Protection Against Retaliation

Some workers may fear retaliation from their employers for filing a workers’ compensation claim. A knowledgeable attorney safeguards the injured worker from any form of retaliation, emphasizing the legal protections in place.

Maximizing Benefits

The goal of a workers’ compensation attorney is to secure the maximum benefits available to the injured worker. This includes not only covering medical expenses and lost wages but also addressing long-term consequences and potential vocational rehabilitation needs.

In the challenging aftermath of a workplace injury, a Roswell workers’ compensation attorney is your advocate, offering legal expertise and compassionate support. The team at Hasner Law, with over 100 years of combined experience, stands ready to guide injured workers through the intricacies of the workers’ compensation process, ensuring their rights are protected and they receive the full benefits they deserve.

Contact a Seasoned Workers’ Compensation Lawyer Today

The workers’ compensation process can be challenging, especially when you’re trying to focus on your recovery. Don’t navigate these challenges alone; reach out to Hasner Law and let us be your partner in securing the assistance you deserve. Our commitment goes beyond legal expertise; it’s about providing a compassionate guide through the workers’ compensation journey, ensuring that your rights are upheld and you receive the care and compensation necessary for a full recovery.

Contact us today to benefit from a team that understands the intricacies of workers’ compensation, offering not just legal representation but a helping hand in your journey to recovery. Your well-being matters, and Hasner Law is here to ensure you receive the support and benefits you rightfully deserve. Schedule a consultation with us today by calling (678) 888-4878 or completing our contact form.

Author Stephen Headshot
Managing Partner at Hasner Law PC
Follow Me!
Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.