Some industries are fraught with risks. If you are employed in the utility industry, you may have to work at significant heights and with live wires. In the construction industry, you work with power tools, heavy equipment, and large machines on a consistent basis. You may also construct multi-storied buildings, putting you in danger of falling. Even if you work in a warehouse, in a relatively calm and sheltered environment, you could be injured by falling objects and forklifts. In every industry, no matter how safe it appears, you could be hurt because someone else did not do their job properly or acted recklessly.
After an accident at work, it is best to call an Atlanta work injury lawyer to discuss your rights and options. In many situations, you will be covered by workers’ compensation insurance. However, workers’ comp does not apply to every situation and it may not cover all your financial losses. By having an experienced and skilled personal injury lawyer in Atlanta by your side, you will ensure that your claim receives the attention it deserves and that you obtain the appropriate compensation.
To learn more about your rights and options after getting hurt at work, call Allen & Scofield Injury Lawyers, LLC at (404) 419-6674 or submit the details of your accident online. We will contact you as soon as possible to schedule your free, confidential consultation.
What to do After Workplace Accidents
After a workplace accident that causes you harm, there are certain steps you should take. These steps may help you pursue workers’ compensation benefits or third-party claim compensation.
Our work-related injury lawyers recommend you:
Obtain medical care: If you are suffering from a serious and immediate injury, do not hesitate to go to the emergency room or call an ambulance. We understand your first thought may be to push through and get through the workday. However, it is best that you find out the type and extent of the injury as soon as possible, and that you do not make it worse. If you choose to not go to the ER, you should still see your physician as soon as possible for an exam. Be sure to tell your doctor that you were in accident at work.
Notify your employer: After suffering an injury at work, you need to notify your supervisor, manager, the human resources department, or another agent for your employer. If you were hurt in a sudden accident, your employer may be aware right away. However, if you were hurt in a more subtle accident, or if you were diagnosed with a work-related injury or condition by your physician, be sure to inform your employer as soon as you can. If you wait weeks or months to notify your employer, this could give your employer or the workers’ comp insurance provider reason to deny your claim.
Call a work injury lawyer: The best chance for obtaining workers’ comp benefits or other compensation through an injury at work claim is by partnering with an experienced attorney. Our team at Allen & Scofield Injury Lawyers, LLC is ready to help by investigating the accident, building your case for compensation, and guiding you through the workers’ comp process or a third-party liability lawsuit.
Common Workplace Accidents
At Allen & Scofield Injury Lawyers, LLC, we have several decades of experience helping people deal with serious work-related injuries, from medical conditions they’ve developed to devastating workplace accidents caused by negligence.
An Atlanta work injury lawyer can represent you in any situation in which you were injured at work or because of your job duties, including:
- Construction Accidents
- Forklift Accidents
- Heavy Machinery Accidents
- Work-Related Motor Vehicle Accidents
- Farming Accidents
- Slip and Falls
- Falls From Heights
- Struck by Objects/Caught by Objects
- Electric Shock and Electrocution
- Fires and Explosions
- Overexertion and Repetitive Stress Injuries
- Exposure to Hazardous Materials
Common Workplace Injuries
Our work-related injury lawyers have found, after accidents at work, many individuals experience:
Ultimately, you can find yourself suffering any number of work-related accidents, which could lead to minor, moderate, serious, or even catastrophic injuries. Regardless of how you became injured, now you must deal with it. Each day, another person’s actions force you to wake up and deal with the physical pain and grief that comes with being hurt and unable to work. You must obtain medical care, which leads to bills. You may be out of work for days, weeks, or months. If your injuries are disabling, you may not be able to return to work, or you may need to look for employment in a new industry. On top of all of this, you are probably worried about your family’s financial health.
There is a way to address the situation and recover compensation to help you and your family. Contact a work accident lawyer from Allen & Scofield Injury Lawyers, LLC to discuss your options. (404) 458-8542.
Who is Liable for a Workplace Injury?
Whether you hurt your back at work, suffered burns from an electric shock, or were diagnosed with a TBI after being in a transportation accident, you should talk with an experienced attorney about your situation. A lawyer will conduct a thorough and independent investigation into what happened. By gathering and analyzing the evidence, your lawyer can identify who was directly responsible for the workplace accident and which party is liable for your injuries.
Liability for your injuries may fall on:
- Your Employer
- A Third-Party
Your employer is liable for your injuries if another one of its employers was at fault. In this situation, you will pursue compensation through a workers’ compensation claim, so long as you are covered by workers’ compensation insurance.
If someone from outside of your employer’s business caused you harm, then this person or business is called a third party. It may be another business, an independent contractor, a motorist, a manufacturer, a vendor, a pedestrian or another individual who came into your work environment to intentionally cause harm.
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. Workers’ compensation claims are insurance claims, not lawsuits. However, if someone from outside of your employer was responsible, then you may be able to pursue additional compensation through a third-party claim, which is a lawsuit.
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 pursue compensation for an injury suffered at work through 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.
Do I get Paid if I Get Injured at Work?
Your main concern may be whether you will continue to be paid when you are recovering from a work-related injury or medical condition. The answer is that it depends on the situation.
You should talk with a lawyer about a workers’ compensation lost wages benefit right away. If you have workers’ compensation insurance, and if your injury is covered by workers’ comp, then you may receive compensation for a portion of your lost wages. Through permanent or temporary partial disability benefits or through total disability benefits, you may receive 66 2/3% of your average weekly wage for a period of time.
However, if you are not provided workers’ comp insurance, or your injury or condition is not covered by the policy, then you may not receive any of your lost wages. You will need to discuss whether a third party is liable for your injuries. If a third party is liable, then through a lawsuit, you can seek compensation for all of your past and future lost wages.
Georgia Workers’ Compensation Law
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.
If you are unsure of whether or not you have workers’ comp insurance, or you do not have coverage when you believe you should, contact an Atlanta workers’ comp lawyer at Allen & Scofield Injury Lawyers, LLC. If your employer does not carry requires coverage, you may have the right to file a lawsuit against the business.
Filing Workers’ Compensation Claims
If you suffer an injury at work, 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. If you are confused about the process, you should contact an Atlanta workers’ compensation lawyer as soon as possible.
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.
Possible workers’ compensation benefits include:
- Total Disability Benefits
- Temporary Partial Disability Benefits
- Permanent Partial Disability Benefits
You may receive your benefits on an on-going basis, or you may negotiate and accept a workers’ compensation settlement. You and your employer may agree to a lump sum or structured settlement though which you agree to accept a certain amount of compensation for your lost wages and disability. Whether or not this is advantageous depends on your circumstances. If your future medical needs and recovery are hard to predict, agreeing to a lump sum may not benefit you. However, you may need a greater sum right away to deal with the financial ramifications of your injuries.
If you are unsure about what benefits you may be entitled to, or whether you would benefit from a settlement, you should contact an Atlanta work injury lawyer.
Third-Party Claim Compensation After an Accident at Work
By pursuing compensation in a third-party claim, you may seek compensation for:
- Past, present, and future medical costs
- Pain and suffering
- Emotional distress and mental anguish
- Permanent disability
- Permanent disfigurement
- Lost wages
- Diminished earning capacity
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.
Suing Your Employer for an Injury
When your employer is liable for a workplace injury and you are covered by workers’ compensation, you do not have the right to sue your employer. This is a trade off of the law. Your employer provides workers’ comp insurance and, in most cases, escapes the risk of being sued for a work-related injury. However, there are circumstances under which you could file a lawsuit against your employer.
You may need to file suit against your employer if:
- You are not provided workers’ compensation insurance as required by law;
- Your workers’ comp claim is wrongly denied; or
- You were harmed due to your employer’s intentional conduct, such as a physical assault.
Work Injury Statute of Limitations
If you have a valid third-party claim due to a workplace injury, then you have two years from the date of the injury to file a lawsuit in Georgia. This two-year limit is known as the statute of limitations.
For workers’ compensation claims in Georgia, the statute of limitations is one year. Typically, you have one year from the date you suffered the workplace injury to pursue workers’ compensation benefits. However, this still relies on notifying your employer in a reasonable period of time.
These times limits are why it is important to talk with a workplace injury lawyer as soon as possible. If you wait too long to speak with a lawyer, it may be impossible or more difficult to bring a successful claim.
Contact Allen & Scofield Injury Lawyers, LLC Today
At Allen & Scofield Injury Lawyers, LLC, we have witnessed firsthand how devastating getting injured at work 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 a highly experienced and skilled Atlanta work injury lawyer 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 contact form.
We represent individuals throughout Atlanta, Fulton County, DeKalb County, Clayton County, Cobb County, Gwinnett County, and the rest of Georgia.
About the Firm