FAQ

Ideally, if you suffer minor injuries when working, your employer’s workers compensation insurance will cover your costs for related treatment and lost wages. This is how it’s supposed to work, but an insurer’s greed can make a claim process turn into a nightmare. There are many reasons you should consider working with a Fulton County area workers comp lawyer if you get injured at work. 

If you are unsure about hiring a skilled Atlanta attorney to represent your case, you should consider booking a free consultation, if:

You Received a Claim Denial

There are many reasons that denials happen. Often it is due to lacking proper documentation of your injuries or not following required procedures by the insurer or Georgia workers compensation law. Working with a knowledgeable attorney can help avoid costly mistakes.

You Are Told to Return to Work Too Soon

Laws that govern compensation claims require that you accept offered work if you can perform the expected task. Still, you also have the right to prioritize your medical safety in such matters. If you or your doctor don’t believe you should be returning to work, or question the duties being asked of you, make sure to consult with a Darwin F. Johnson attorney right away. 

You Have a Pre-existing Condition

A pre-existing condition on its own isn’t grounds for disputing your worker’s compensation claim. Many times, new work injuries aggravate or complicate health issues you are already treating. Insurers and employers are well aware of this fact but will try to get away with denying your claim, nonetheless.

Your Injuries Resulted in Permanent Damage and Limits Your Ability to Work

If your injuries were so catastrophic that you have suffered a permanent disability, making it impossible to return, an experienced workers compensation attorney is crucial to your claim. Many times, additional compensation is necessary and needs to be included in your damages. 

You Need Social Security Disability Benefits

In situations where you are already receiving social security disability or other governmental benefits, or wish to pursue this support, consulting with a Fulton County worker’s compensation lawyer is wise. Often, any worker’s comp payments you receive will cause a reduction in other program benefits one is already receiving. 

Your Employer or Insurer is Stalling Your Claim

Insurers want to save money on payouts, and employers need to keep their insurer’s premiums low. This often leads to purposely delaying action on an injury claim. Because Georgia worker’s compensation laws require injuries to be reported and decisions appealed within specific timeframes, making you miss these deadlines can jeopardize your benefit. Hiring an attorney can help stop these manipulative tactics and ensure any required documentation or filings are timely.

Your Employer is Disputing Your Injuries

Disputing your workplace injuries isn’t always about denying you got hurt. Sometimes, insurers are only willing to pay for a specific treatment type, or they refuse to consider any emotional recovery for the trauma you endured. If you aren’t receiving compensation offers that account for the full scope of your injuries, The Law Offices of Darwin F. Johnson will make sure your claim is thoroughly documented and represented to avoid minimization of the harm you suffered. 

Your Employer Fired You Because of Your Workers Comp Claim

Because Georgia is an at-will employment state, you can be fired. There are exceptions for situations where you are being discriminated against or have a contracted work agreement. If you were working without restrictions, you might not be able to receive any further worker’s compensation benefits. Still, if you did have limitations in place by a treating physician at the time of your firing, you might be able to get compensation. This is a complicated situation and requires careful assessment by a qualified workers comp attorney in Atlanta. 

You Have to Attend a Hearing Regarding Your Claim

If you have reached a point in your worker’s compensation claim where your case has to be presented in a legal proceeding or hearing, you need to have a skilled attorney to prepare and represent you. Situations involving mediation or arbitration will potentially include teams of lawyers working against you on behalf of the insurer or your employer. The Law Offices of Darwin F. Johnson can prepare your claim for hearing and create a level field of play during this process. 

The State of Georgia is a “right to work” state. To be perfectly honest, unless you have a contract with your former employer (which few people do), you are classified as an “at-will” employee. With only a handful of exceptions, your employer can fire you at any time and for any reason. Typically, employers are reluctant to fire injured workers, but it does happen.

Your workers’ compensation claim exists independently of your employment status. If your employer has fired you after a work-related injury in Georgia, our workers’ compensation lawyers will do everything in our power to fight for the benefits to which you are entitled.

Most Georgia employers are required by law to have workers’ compensation insurance. An employer pays for an insurance policy, and if you’re injured on the job, the protections are available to you to cover:

• Lost income
• Medical bills
• Rehabilitation costs
• Other related costs

After handling over 10,000 cases, we know that there are reasons workers avoid filing a claim and it negatively impacts their lives.

Some of the top reasons that workers avoid filing a workers’ compensation claim – and they shouldn’t – include:

1. They Don’t Know Their Rights

Employees have rights to workers’ compensation whether they’re working part-time or full-time. If your employer has three or more workers, they must have workers’ comp insurance.

If you don’t exercise your right to file a claim or report an accident, no one will do it for you.

Anyone who is unable to work for more than seven days due to their injuries is entitled to weekly income benefits.

2. They Worry About Their Jobs

Naturally, employees are worried that they’ll lose their jobs as a result of filing a claim. You will not lose your job unless you are no longer able to fulfill your duties even after you’ve fully healed.

3. They Want to Avoid the Process

Doctor visits, filing paperwork, showing proof of injuries, and a risk that a claim will be denied keep people from filing a claim in the first place. You should never avoid reporting the accident and filing a claim.

4. They Believe Their Injury Isn’t Serious Enough 

“I’ll heal.” Often, workers are used to going to work sick and even hurt. If an injury is minor and the person can work through it, they will do so, even if that means that the pain or symptoms will only worsen.

If you’re injured at work or because of work, you should see a doctor and let a medical professional determine whether the injuries are serious enough to file a claim.

5. They Worry About the Costs 

Paying fees, especially when you’re already injured, is often the last thing on a person’s must-do list. Employees often fear that they’ll need to pay legal fees when filing a claim, even if a claim is denied.

Most law firms – us included – do not get paid unless you do.

6. They Work Part-time or Seasonally

If an employer has three or more employees, you can file a workers’ compensation claim. The law allows any employee to file a claim, whether they’re part-time, full-time or even seasonal.

7. They Don’t Want to Stress Their Employers or Co-Workers

In some cases, injured workers avoid filing a claim because they don’t want to be seen as a burden to their employers or co-workers. 

They fear that their injury may cause problems for others in the workplace. If they work for a small business, there may be concerns about leaving their employer short-staffed.

While these concerns are admirable, it’s important to remember that workers’ compensation insurance is designed for this type of scenario. If you are injured at work, your employer’s policy will help cover the cost of your care and lost wages. 

8. They are Ashamed or Embarrassed of Their Injuries

Many workers who are injured on the job avoid filing a claim because they worry about their reputation in the workplace.

They don’t want to be viewed as inadequate by their co-workers or employers. Some workers are even ashamed or embarrassed of their injuries. 

While it is natural to worry about the perception of others, it’s important to remember that your health is your top priority. Filing a workers’ compensation claim will help you get the care you need to recover and, hopefully, return to the workplace.

If you are injured on the job, you may be tempted to avoid filing a workers’ comp claim for any of the reasons above. But it’s important to remember that workers’ comp insurance is there for a reason – to cover the cost of workplace injuries. 

You should not avoid filing a workers’ compensation claim because:

• It is your right to receive benefits if you have a valid claim
• You risk aggravating the injury if you do not get the care and treatment you need
• Delaying your claim may lead to the insurance company questioning whether the injury was really work-related

At The Law Offices of Darwin F. Johnson, we know that workers’ compensation is complicated. The process may seem intimidating, and you may not know which steps to take first.

We can help you navigate the process right from the start, and we won’t leave your side until you receive a fair award. We’ll advocate for you, fight to protect your rights and negotiate with insurance companies to achieve the best possible outcome.

If you have been injured at work, contact us today or (470) 285-8246">give us a call to schedule a consultation to discuss your claim.