Atlanta Work Injury Lawyers
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Learn More About Allen & Scofield Injury Lawyers, LLCAbout the Firm
$2.5 million settlement for death of a construction worker on the job
$1.4 million settlement for a death resulting from a workplace accident
Workers’ Compensation Coverage in Georgia
Georgia requires that almost all employers with three or more full time, part-time, or seasonal employees carry workers’ compensation insurance in case a worker suffers an accident on the job. For incorporated businesses or LLCs, the corporate officers or members are included in the employee count unless they specifically exempt themselves from coverage. The common exceptions to workers’ comp coverage are railroad carriers, U.S. government agencies, domestic servants, and farm laborers.
Filing a Workers’ Compensation Claim
If you suffer an on-the-job injury, you should notify your supervisor or a member of management right away. The longer you delay notifying your employer, the greater the chance or having your claim denied.
You must fill out Form WC-14 and:
- File it with the State Board of Workers’ Compensation,
- Send a copy to your employer, and
- Send a copy to your employer’s workers’ compensation insurance carrier.
After appropriately filing the claim paperwork, the workers’ comp insurer will calculate your benefits.
Possible Workers’ Compensation Benefits
If you are covered by workers’ compensation insurance, then your necessary and appropriate medical expenses are covered. Your medical provider should bill the workers’ comp insurer directly, not you. You should not have to pay a deductible.
After a workplace injury, you may be able to obtain:
- Total Disability Benefits
- Temporary Partial Disability Benefits
- Permanent Partial Disability Benefits
Can I Sue my Employer for my Injury?
A common question we hear at Allen & Scofield Injury Lawyers, LLC is whether you can sue your employer after suffering a workplace injury. The answer is typically “no.” If you are covered by workers’ compensation insurance, then a claim is your predominant method of recovering compensation. Workers’ comp coverage does not take your employer’s fault into consideration. Suing an employer for an injury is rare, and typically occurs when an employer was negligent and does not carry workers’ compensation insurance in violation of state law.
Third-Party Claims Differ From Workers’ Comp
You typically cannot sue your employer if another employee or agent of the business was at fault for your accident and injuries. However, if someone from outside of your employer was responsible, then you may be able to pursue additional compensation through a third-party claim. For instance, if you were working in a food processing plant and your arm was amputated by a machine, you may be able to sue the manufacturer of the machine. Or, if you were working on a site with workers from another business, and one of those workers was careless or reckless, then you may have the right to file a claim against that other business.
If someone other than a coworker was negligent and caused your injuries, speak with an Atlanta work injury lawyer about your right to file a third-party claim. Workers’ comp benefits will not cover all of your economic and non-economic damages. These benefits will not replace all of your lost wages, and they do not compensate you for your physical pain or mental anguish.
By pursuing compensation in a third-party claim, you may seek compensation for:
- Lost wages and diminished earning capacity
- Past, present, and future medical costs
- Pain and suffering
- Permanent disability or disfigurement
We understand that you may not know who is directly responsible for your injuries after a workplace accident and whether or not you have a third-party claim. We are here to investigate what happened and determine liability. We will advise you on whether your sole means of recovery is through a workers’ compensation claim or whether you have the right to file suit.
Contact Allen & Scofield Injury Lawyers, LLC Today
At Allen & Scofield Injury Lawyers, LLC, we have witnessed firsthand how devastating workplace accidents can be. We know the fear and worry your family faces when you are hurt, and there is the prospect of you being forced to take a lower paying job or not returning to work at all. That is why we fight hard for workers’ rights, including your right to medical and income benefits.
Let us represent your interests after any serious work injury. We will not be intimidated by your employer or their insurance carrier, and we will not back down from obtaining the maximum compensation possible from those responsible for your injuries.
To learn more about how we can help, call (404) 419-6674 or contact us through our online form.
We represent individuals throughout Atlanta, Fulton County, DeKalb County, Clayton County, Cobb County, Gwinnett County, and the rest of Georgia.