Atlanta Workers’ Compensation Attorneys
Strong advocacy for Georgia employees when they are injured or contract an occupational illness while working
Employees in every type of job in Atlanta and across Georgia are at risk of being seriously injured every day. Every job has some risk. Construction employees and industrial employees who do heavy labor are at risk of falls, being pinned by objects, and being struck by objects. Firefighters risk burns and smoke inhalation. Hospital employees risk infections and lifting and carrying injuries. Restaurant employees risk exposure to hot liquids and gases. All employees risk tripping over something in the workplace and suffering a work injury as a result that is covered by workers’ compensation.
Workers’ compensation laws protect employees who suffer an injury or an occupational illness while working. At Buckley Bala Wilson Mew LLP, we understand how traumatic it is when you can’t work. You worry if your health will improve and how you’ll support yourself and your family. You don’t want to be forced back to work before you’re ready. Our Atlanta workers’ compensation attorneys are respected by clients, insurance, carriers, and employers for the results we obtain for our clients. Call today to get started on your claim.
This was my first time having to seek legal counsel on an employment issue so I was a bit nervous about the process. I was referred to Ed Buckley by a friend I respect and trust, and one that has over 20 years of experience in law. Mr. Buckley made the process much less intimidating for me. Many thanks to Mr. Buckley and team for helping me. I'd definitely hire them again. – Google review
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How can we help?
- What is workers’ compensation?
- Who can file a workers’ compensation claim in Georgia?
- What are the requirements for filing a work injury claim in Atlanta?
- What are the requirements for filing an occupational illness claim in Atlanta?
- What benefits are provided by workers’ compensation?
- Can I choose my own doctor to treat an on-the-job injury?
- What issues may affect my Atlanta workers’ compensation claim?
- How can your Atlanta workers’ compensation attorneys help me?
- Do you have a workers’ compensation claim attorney near me?
What is workers’ compensation?
Workers’ compensation is an employee benefit program for income replacement and medical care that dates back nearly 100 years. Georgia and most other US states have workers’ compensation laws that help employees receive the medical care and compensation they need to return to work or to function and pay their bills if they cannot return to work.
The primary aim of workers’ compensation in Georgia is to help employees return to work. If an employee’s injuries prevent the employee from returning to his/her old job, then the employee may be entitled to vocational expenses so they can be trained for a new job. A common example is when a laborer can no longer lift, carry, or do heavy labor. That worker may be entitled to be retrained for a clerical job or another less strenuous job.
Who can file a workers’ compensation claim in Georgia?
Only employees can file a workers’ compensation claim in Georgia. Part-time workers can also file a workers’ compensation claim if they are employees. Likewise, management employees can file a workers’ compensation claim. Independent contractors must file a personal injury claim. Do not assume that you are an independent contractor just because your employer pays you through a 1099 form or says you are a contractor. Our Atlanta workers’ compensation lawyers work to show that your boss controlled where, when, and how you do your job – the key criteria for showing that you are actually an employee. If it turns out you’ve been misclassified, you may have other legal options open to you.
What are the requirements for filing a work injury claim in Atlanta?
To qualify for workers’ compensation benefits, you must:
- Be an employee
- Suffer a workplace accident or injury
- Be working in the scope of your employment when the accident happens or your injuries or illness must be work-related
- Provide prompt notice of your injury to your direct supervisor or employer
You don’t have to be at the main company worksite to qualify. Many employees who qualify are injured while on the road (seeing clients or customers) or working at offsite locations. You can even qualify if you work from home.
Workers can also seek workers’ compensation if their injuries are due to the wear and tear of the job. Every worker has their breaking point where they just need to see a doctor.
Employees in Georgia must be incapacitated for at least 7 days before they will receive compensation. If they are incapacitated for 21 days or more, they will be compensated for the original 7 days.
What are the requirements for filing an occupational illness claim in Atlanta?
In Georgia, employees can file for workers’ compensation if they develop an occupational illness (disease) out of the course of their employment provided the risk of illness was a “hazard characteristic of the employment in excess of the hazards of such disease attending employment in general.” Our Atlanta workers’ compensation will explain the time limits for applying. You should seek medical and legal help as soon as any symptoms appear or your doctor indicates concerns about your health and your job.
What benefits are provided by workers’ compensation?
If you are an employee and have been injured on-the-job, Georgia's workers compensation laws typically require that your employer provide you with:
- Medical benefits. This includes diagnosis, treatment, physical therapy, medical devices, and medical mileage.
- Weekly wage loss benefits. You are entitled to two-thirds of your weekly wage, not to exceed $725 a week. You can collect these benefits for up to 400 weeks.
- If you can go back to work, but not at the same job or pay rate, you will receive a reduced benefit for up to 350 weeks, not exceeding $483 a week.
- If you’re permanently disabled, you may be designated as Catastrophically injured and you may receive weekly benefits for your lifetime.
- Vocational rehabilitation. If you sustain a catastrophic injury that keeps you from returning to your previous employment, per the State of Georgia, “you are entitled to receive help in getting another job or learning to do another job.”
Death benefits. If an employee dies on the job or as a result of injuries sustained on the job, their dependents (spouse, children, or stepchildren) are entitled to two-thirds of your weekly wage, not to exceed $725 a week.
Can I choose my own doctor to treat an on-the-job injury?
Typically, your employer will provide a list of company-approved doctors; you can choose from this list. You must seek permission to change medical providers after your initial choice.
What issues may affect my Atlanta workers’ compensation claim?
Your employer and your employer’s insurance company may try to deny or minimize your claim. Our attorneys are skilled at countering these attempts. We’re ready if your employer claims:
- You had a pre-existing injury.
- You weren’t an employee.
- You weren’t working within the scope of your employment.
- You’re ready to return to work when you’re not.
- You didn’t follow the advice of your doctors.
- You didn’t work with a nurse case manager assigned to your job.
- You didn’t look for new work.
How can your Atlanta workers’ compensation attorneys help me?
In addition to contesting the efforts of employers to deny your benefits, we are skilled at negotiating lump-sum settlements once you’ve reached the point of maximum medical improvement.
We file for death benefits for spouses and dependents when a family member dies due to their job.
We handle all significant on-the-job injuries, including:
- Traumatic brain injuries
- Traumatic amputation/loss of limb
- Spinal cord injuries
- Burn injuries
- Back & neck injuries
- Head & brain injuries
- Shoulder, arm, wrist & hand injuries
- Knee, hip, leg, & foot injuries
- Any other type of serious injury
Do you have a workers’ compensation claim attorney near me?
Buckley Bala Wilson Mew LLP is based in Atlanta; our office is located at 600 Peachtree St. NE, Suite 3900. Our workers’ compensation attorneys conduct phone and video consultations by appointment. We meet you at your home or a healthcare facility if you’re too injured or ill to come to our office. We proudly serve clients throughout Georgia, including those in Athens, Augusta, Columbus, Gainesville, Macon, Marietta, and Savannah.
Your questions about workers' compensation law will be answered. We will evaluate your case and explain the process for collecting your income, disability, and medical benefits. We will carefully provide you with guidance throughout the workers' compensation process.
Call our Atlanta workers’ compensation attorneys for help today
Workers’ compensation laws are extremely complicated. Most employees won't be able to adequately protect their rights unless an experienced workers’ compensation lawyer files a legal claim for them with the Georgia Board of Workers Compensation. Filing a claim with the Board is the only way to be certain that you get the medical care you need and that you are paid all the money you are owed as a result of your injury. We’ve helped many employees obtain the compensation they deserve. Our Atlanta employment attorneys represent employees throughout Georgia. To discuss your rights, please call or contact us today.