Suffering an injury at work can leave you with a number of concerns. Of course, you will be worried about your injuries, how long it will take you to recover, and how long you might be out of work.
But some people also worry they will get in trouble or their boss will blame them for the injury. Worse, they may have heard the boss doesn’t like Workers’ Compensation claims or punishes workers who try to access these benefits.
What Can a Dekalb County Workers’ Compensation Attorney Do to Help?
If you’ve been hurt at work, a Workers’ Compensation lawyer can help you understand your rights, file a claim, defend your case to the insurance company, and even fight a claim denial. We understand there are often internal issues in a workplace that discourage employees from seeking Workers’ Compensation benefits, and we want to help you find a way to access the benefits you deserve.
We’ll review your case, answer your questions and concerns, and explain the options for pursuing compensation.
What if I Don’t Qualify for Worker’s Compensation?
If your employer has at least three employees (and you are a W2 employee), you should be eligible for Workers’ Compensation with few exceptions. Most employers must carry Workers’ Compensation insurance, which should cover an employee from their first day on the job.
Part-time workers are also included in this coverage.
There is no “waiting period,” so if your employer tells you that you didn’t work at the job long enough to get Workers’ Compensation, they’re likely either lying or misinformed. If your employer says you don’t qualify for Workers’ Compensation for any reason, you should check with a Worker’s Comp lawyer to be sure.
Indeed, an independent contractor or freelancer will not qualify for Workers’ Comp because they are not a W2 employee. However, if you were injured as a contractor, consulting a workplace law attorney is still beneficial.
We’ll evaluate your case and explain your other options for pursuing damages, such as filing a lawsuit.
It’s helpful to understand that a Workers’ Compensation claim usually prohibits civil suits because Workers’ Comp is meant to be a no-fault system that saves employers and workers the time and stress of a lawsuit. If you don’t qualify for Workers’ Compensation, you can file a claim in civil court, but you should first prove your employer or another party was negligent.
We will also ask you questions to ensure you are a contractor. In some cases, we find that the injured person has been doing an employee’s work but has been misclassified as a contractor or freelancer.
These situations are problematic because the worker has no Workers’ Compensation coverage if injured and also because they’re losing other benefits they should receive. If we find evidence that you were misclassified as a contractor, we can not only fight to get your Workers’ Compensation claim covered but also to recover back benefits such as health insurance.
What Should You Do When You Are Injured at Work?
First, report the injury to your supervisor right away. Many claims are rejected because the insurance adjuster thinks the injury was either fake or happened somewhere other than work.
Establishing what happened right away can be helpful in proving your claim.
Ideally, you should report the injury to your supervisor in writing in a way you can trace, such as an email from a personal account or a text from your phone. You don’t want to use a work account or phone because you could lose access to these at any time.
If there are any witnesses to your injury, such as another employee who saw you slip and fall, please write down their names and contact information. We may need to interview them later.
Seek medical attention for your injuries promptly. You must ask your supervisor or HR representative for a list of approved healthcare providers to ensure your claim will be covered.
If this list is unavailable, ask for it again in an email from a personal account, then you will have documented that you tried to seek medical attention shortly after your injury. Otherwise, the insurance adjuster may look at your claim and think your injury couldn’t have been that bad if you waited a week to check it out.
Speak with a Workers’ Compensation lawyer to ensure your claim is filed correctly so you can get it approved.
What if Your Employer Retaliates Because You Filed a Workers’ Compensation Claim?
Employers often hate Workers’ Compensation claims. Despite the fact that they already pay for Workers’ Comp insurance, they’d probably prefer you don’t file a claim.
Mostly, this is because their insurance rates might go up, but in some cases, they might be worried about attracting the attention of government agencies like OSHA. In other words, they might be concerned your claim will bring to light safety violations, which could result in penalties for the company.
Keeping all of this in mind, it’s easy to understand why employees are sometimes afraid to file a Workers’ Comp claim or even report an injury. Maybe you heard about another employee who filed a claim and was fired shortly after, or maybe your boss tried to discourage you from filing a claim.
We know this can be tricky, especially since Georgia is a right-to-work state, and there are only a few limitations on firing workers. Technically, your employer is not supposed to fire you for making a Workers’ Compensation claim, but in reality, they can make up almost any other reason for firing you, and it’s often challenging to prove why you were terminated.
Although being fired is the type of retaliation most people are concerned about, it can happen more subtly. Some workers experience a “hostile work environment,” where their boss and sometimes other colleagues make their working life so miserable they want to quit, such as through harassment or bullying.
If you fear retaliation, please do two things: Speak with a lawyer about your difficulties and keep detailed records of everything that happens to you at work. If possible, take pictures or save copies of any threats you receive.
Write down each incident, including when and where it happened and who witnessed it. If your employer says you are being let go due to “performance issues” or writes you up for the same, ask for concrete examples of your errors and try to get these in writing.
Why Was Your Workers’ Compensation Claim Denied?
We mentioned a few potential causes earlier, but there are a number of reasons why an insurance adjuster may deny your Workers’ Comp claim. Here are some common issues:
- The claim wasn’t filed in time, or the injury wasn’t reported promptly. This is why we recommend reporting your injury in a way you can later prove, even if you also verbally reported it to a supervisor at the time. Claims must be filed within one year, although most people file sooner than that.
- Your employer or the insurance adjuster believes you weren’t really hurt or your injuries weren’t that bad. We can help you appeal your claim with evidence from your medical records and possibly testimony from medical experts.
- The employer or insurance adjuster agrees that you were hurt but questions whether your injury happened at work. Often, this happens if there are no witnesses to your injury, and we may look for other corroborating evidence for your claim. You could also encounter difficulties if you have a repetitive strain injury that develops over time. The insurance adjuster might argue that your off-work activities caused the injury, not your job. We’ll work with medical experts to show how your injury occurred.
- The insurance adjuster thinks you were injured because you were intoxicated, engaging in horseplay, or intentionally hurt yourself. As we discussed, your claim can’t be rejected because you were at fault, and you don’t have to prove your employer or anyone else was at fault. However, the insurance company can reject the claim for several other reasons: You were intoxicated at work, you were horsing around, or you injured yourself on purpose. Most larger companies have a policy in place to perform drug and alcohol tests after any work injury, but sometimes smaller companies don’t, so there may be disagreement on this point. We may interview coworkers or others who can attest to your sobriety on the day in question. If you were accused of horseplay or getting hurt on purpose, we’d work to demonstrate that your injuries were genuine and not due to intent or recklessness.
Where Can You Get Help From a Dekalb County Workers’ Compensation Law Firm?
Please contact the CEO Lawyer Personal Injury Law Firm for a free consultation with a personal injury attorney. We will review your claim form and assist you with any needed documentation, or if you’ve already received a claim denial, we’ll review it and explain your options for appealing.
There are no fees until we win or settle your case, so you have nothing to lose by learning more about your options.
The CEO Lawyer Personal Injury Law Firm was founded by attorney Ali Awad, who soon turned it into one of the fastest-growing law firms in the country. Through hard work and dedication, Mr. Awad and his team have recovered millions of dollars in compensation for injured people and their families.
When he’s not working on a case, he delivers no-nonsense legal advice to more than a million followers on social media. Work with The CEO Lawyer today by calling (470) 323-8779.
