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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.
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.
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.
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.
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.
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:
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 833-254-2923.
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After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.