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Most workplaces spend time and money each year on efforts to promote safety, from training sessions to new equipment. While these activities often reduce the risk of accidents, sometimes people still experience workplace injuries.
If you’ve been hurt on the job, you may be unsure how to handle medical bills and lost income—especially if your boss discourages you from making a Workers’ Compensation claim or says you don’t qualify. Or, you might file a claim, only to be denied for various reasons despite having a valid injury.
In many cases, we’re able to help injured people secure the Workers’ Compensation benefits they deserve. The best way to learn the options for your case is to seek a free consultation with a Workers’ Comp lawyer who can review the details and answer your questions.
Additionally, we can assist you with filing your claim, or we can review your case if you’ve received a claim denial. In some situations, we may be able to appeal a claim denial and fight for the benefits you need.
With few exceptions, Georgia requires employers to take out Workers’ Compensation insurance if they have at least three employees.
If you are a W2 employee—you have a job where your employer withholds taxes—then you should be covered by Worker’s Compensation if you have an injury on the job. However, there are some reasons why your claim may be denied, which we’ll discuss in the next section.
Workers’ Compensation does not cover Independent contractors or freelancers, but it’s essential to be sure that you’re really an employee. Sometimes, we find that an employer is using a contractor to do the work of an employee but with none of the benefits.
It’s a good idea to speak with a lawyer so we can determine if you are actually an employee (regardless of any paperwork you signed or what your job title is). If so, we can not only seek Workers’ Compensation but also back benefits such as health insurance or retirement account funding.
If you are a contractor, we’ll discuss your accident to learn more about what happened. Workers’ Compensation is meant to help employees receive medical care and lost wages after an injury without having to file a lawsuit and prove negligence in court, but if you aren’t eligible for Workers’ Comp, you can file a personal injury claim if your injury was due to another party’s negligence.
The other party could be your employer, or it might be a third party, such as a manufacturer of a defective piece of equipment.
Workers’ Compensation claims can be rejected for a wide variety of reasons, but most commonly, the issue is that your employer disagrees with your account of what happened in some way. Here are some examples of issues that we often see in Workers’ Comp cases:
There are several ways the employer (or their insurance company) might object to your explanation of your injuries:
These situations are always frustrating for the injured person, who is likely in pain and may need further treatment. One of the best ways to avoid disagreements about the validity of your injuries is to seek medical care right away.
Even if your injury seems mild, it’s a good idea to see a doctor and establish a record of what kind of injury you have. Your doctor will evaluate you to rule out more serious complications, and if you continue to have symptoms or feel worse, it will be easier to seek treatment later.
Georgia law does allow employers some input into your choice of physician, but they can’t force you to see one specific healthcare provider. Instead, an employer is required to post a “panel of physicians” that workers can see about a workplace injury.
You can choose any healthcare provider on this list, which must include at least six healthcare providers and at least one orthopedic surgeon.
If you’re injured on the job, report the injury to your supervisor immediately. If you can’t find a posted list of physicians, ask your supervisor or an HR representative for it and choose a provider from the list.
In a severe medical emergency, you can go straight to the hospital, but you will need to use a provider from the list for follow-up care.
When initially reporting your injury to your supervisor, you may tell them about it verbally, but be sure to follow up with an electronic communication you can save—an email from a personal account or a text from your personal phone are good options.
The reason we recommend keeping a record of your report is just in case your supervisor claims you didn’t report the injury or didn’t report it right away (a surprisingly common reason for claim rejections.) You may not always be in control of a company phone or email address, which is why we suggest using a personal account so you will always have access to your saved messages.
If there are extensive medical records showing you have a legitimate injury, the employer or insurance company may instead question how, where, and when your injury occurred. They might argue that your injury happened outside of work and, therefore, doesn’t count for Workers’ Compensation.
This is especially likely if there were no witnesses to your accident or if you have a repetitive motion injury that happens over time rather than in one incident. In these cases, we will work to establish that the injury did occur on the job.
Our investigators will seek out any photo or video evidence, review time card data, and interview potential witnesses. We may also consult with medical experts to determine if it’s likely your injury could have happened in other ways outside of work or to get their testimony about how repetitive motion injuries develop.
Generally, Workers’ Compensation is a no-fault system. You don’t have to prove your employer was negligent or that they caused your injury, only that it happened while you were at work.
If you made an honest mistake that caused your injury—such as accidentally dropping a tool—you can’t be denied coverage simply because it was your fault. However, there are some exceptions to the no-fault rule, and you can be denied if one of the following is true:
Sometimes, the problem isn’t that the claim was rejected, but instead that it was never filed.
Your supervisor or HR person might stall, saying they lost your paperwork or the person in charge of those claims has been out of the office. If your employer seems uninterested in getting your claim filed promptly, your lawyer can help you file it on your own.
In some cases, the employer might come up with a reason why you don’t qualify for Workers’ Compensation, such as, “You didn’t work here long enough,” or, “We haven’t added you to the policy yet.” These are falsehoods—under Workers’ Compensation laws, you are eligible for benefits even if you get hurt on your first day on the job.
If you’re in this situation, don’t argue with your employer—wait until you leave the office, then call a lawyer as soon as you can.
Please contact the CEO Lawyer Personal Injury Law Firm for a free consultation about your Workers’ Compensation case or on-the-job injury. We’ll discuss what happened, answer your questions, and explain your options for seeking compensation.
Your initial consultation is free, and if we take your case, you won’t owe us anything until we win or settle it.
The CEO Lawyer Personal Injury Law Firm was founded by attorney Ali Awad, who made it into one of the fastest-growing law firms in the country. With more than twenty years of combined experience, Mr. Awad and his legal team have recovered millions of dollars in compensation for injured people and their families.
When he’s not fighting for clients in the boardroom or the courtroom, he can be found giving no-nonsense legal advice to more than a million followers on social media. Contact his expert legal team today by calling 833-254-2923.
Tell Us More About Your Injury Below So That We Can Get You The Most Money
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.