Gainesville Workers’ Compensation Lawyer

Key Takeaways for Gainesville Workers’ Compensation Claims

• Report workplace injuries to your employer within 30 days and file your WC-14 claim within one year to protect your right to benefits
• Georgia workers’ comp covers medical treatment through authorized treating physicians and wage replacement at two-thirds of your average weekly wage up to state maximums
• You can request a one-time change of physician if you’re unhappy with care from the panel doctor your employer provides
• Independent Medical Examinations (IMEs) are insurer-requested and may be used to minimize your injuries
• Light-duty job offers (WC-240 forms) can cut your wage benefits if they meet your restrictions; we evaluate whether offers are legitimate or designed to end benefits

Why Choose Weaver Law for Your Workers’ Compensation Claim? 

Workers’ compensation is supposed to be simple. You get hurt, you report it, and benefits start. But the reality can be very different. Insurers may delay medical authorizations for weeks. Authorized treating physicians might minimize injuries. Light-duty job offers can ignore doctor-imposed restrictions. 

Weaver Law Injury Attorneys steps in when the system fails injured workers.

We Know Georgia’s Workers’ Compensation System Inside Out

Georgia requires injured workers to navigate the State Board of Workers’ Compensation (SBWC), complete WC-14 forms, attend appointments with panel physicians, and respond to IME requests. 

While you focus on recovery, our workers’ comp lawyer in Gainesville handles the paperwork, deadlines, and disputes so you focus on healing.

We Fight Denied and Delayed Claims

Insurers may deny claims, arguing injuries didn’t happen at work or resulted from horseplay. They also may delay medical authorizations, claiming treatment isn’t related to your injury. 

Our team gathers witness statements from coworkers, medical records documenting your injuries, and expert testimony, when necessary, to prove that your condition requires the care your doctor recommends.

We Handle IME Disputes and Doctor Changes

Insurers sometimes hire Independent Medical Examinations (IME) examining physicians. These doctors may spend minimal time with you and then write reports concluding you’re able to work. 

Our lawyers can document the cursory examination and retain our own medical experts, who will review your complete medical records. When your panel physician provides inadequate care, we file requests with the State Board to change doctors.

Contingency Fees Mean No Upfront Costs

You pay nothing upfront—no retainer, no hourly billing. Our fee comes as a percentage of any settlement or awarded benefits. If we don’t recover money for you, you owe us nothing.

Georgia Workers’ Compensation Benefits You May Recover

Georgia’s Workers’ Compensation Act provides medical care and wage replacement when work injuries prevent you from earning your regular income. Benefits fall into several categories based on the severity of your injury, how long you’re unable to work, and whether permanent impairment affects your future earning capacity.

Medical Benefits

Georgia workers’ comp covers all reasonable medical treatment related to your work injury. This may include emergency care, surgery, hospitalization, medications, physical therapy, imaging, and ongoing treatment. 

You must be treated by an authorized treating physician (ATP) from the panel your employer provides. You also have the right to a one-time physician change, and insurers might request an IME.

• Panel of Physicians: Employers post a panel of at least six doctors. You select your treating physician from this panel. If you treat outside the panel without State Board approval, your treatment won’t be covered.
• One-Time Physician Change: If you’re unhappy with your panel doctor’s care, you may request a one-time change to another physician on the panel or ask the State Board to approve an outside doctor.
• IME Second Opinions: Insurers may require you to attend an Independent Medical Examination. These exams evaluate whether your treatment is necessary and whether you’re able to return to work. We challenge IME conclusions with your treating physician’s records and our own medical experts.

Temporary Total Disability (TTD)

When injuries prevent you from working at all, TTD benefits pay two-thirds of your average weekly wage up to the state maximum (currently around $725 per week). TTD continues until you return to some form of work, reach maximum medical improvement, or exhaust 400 weeks of benefits.

Temporary Partial Disability (TPD)

When you return to light-duty work earning less than your pre-injury wages, TPD benefits pay two-thirds of the difference. 

Permanent Partial Disability (PPD)

When injuries cause permanent impairment but don’t prevent you from working entirely, PPD benefits compensate for your reduced earning capacity. Georgia uses an impairment rating system where doctors assign a percentage based on permanent damage: 

• Scheduled Injuries: Specific body parts, such as arms, legs, hands, and feet, have set benefit schedules based on the percentage of impairment.
• Body as a Whole: Injuries affecting overall function (back, neck, multiple injuries) receive ratings to the body as a whole that determine PPD benefit duration.

Catastrophic Designation

Injuries resulting in amputation, severe paralysis, severe brain damage, severe burns, or total blindness may qualify for catastrophic designation. Catastrophic cases receive enhanced benefits, including lifetime medical care and increased income benefits.

Vocational Rehabilitation

When injuries prevent you from returning to your prior job permanently, vocational rehabilitation benefits may cover job retraining, education, and job placement assistance.

How to File a Workers’ Compensation Claim in Gainesville

There are several crucial steps to filing a workers’ compensation claim. Our Gainesville team assists injured workers through these steps, enabling them to submit timely claims for benefits. 

Report Your Injury to Your Employer Immediately

Georgia requires you to report work injuries to your employer within 30 days. Report in writing when possible. Include the date, time, location, how the injury happened, witnesses, and body parts injured. Request a copy of the incident report.

Seek Medical Treatment Through Authorized Channels

After reporting your injury, your employer should provide their posted panel of physicians. Select a doctor from the panel and begin treatment immediately. Emergency room treatment is covered even before receiving the panel, but follow-up care must be with an authorized treating physician.

File Your WC-14 Claim Form

The WC-14 Employee’s Claim for Workers’ Compensation is the formal claim you file with the State Board. You have one year from the date of injury to file. Filing too late bars your claim entirely.

Evaluate Light-Duty Job Offers (WC-240)

When employers offer light-duty positions, they issue WC-240 forms describing job duties, hours, and pay. If you refuse an offer that meets your restrictions, your TTD benefits may be suspended. Our workers’ compensation attorneys evaluate WC-240 offers with your doctor and challenge offers that violate restrictions.

Settle or Litigate Your Claim

Most claims settle before hearings. These settlements pay a lump sum covering future medical care, wage loss, and permanent impairment. When insurers deny claims or offer inadequate settlements, we request hearings before Administrative Law Judges at the State Board of Workers’ Compensation.

When You Have a Third-Party Personal Injury Claim

Georgia workers’ compensation is your exclusive remedy against your employer. In other words, you usually can’t sue them for negligence. But when someone other than your employer caused your injury, you may file a personal injury lawsuit in addition to your workers’ comp claim.

Common third-party claims include the following: 

• Construction site accidents involving subcontractors, equipment manufacturers, or property owners
• Vehicle crashes with other drivers while you were working
• Defective equipment from manufacturers
• Premises liability where property owners failed to maintain safe conditions

Third-party claims recover damages workers’ comp doesn’t cover, like full wage loss (not just two-thirds), pain and suffering, and loss of enjoyment of life.

Steps to Take After a Workplace Injury in Gainesville

If you were hurt at work, take these important steps to secure your right to Georgia workers’ comp benefits: 

• Report the Injury to Your Employer in Writing: Tell your supervisor immediately. Describe what happened, when, where, and which body parts are injured. Request a written incident report and keep a copy.
• Seek Medical Treatment from the Authorized Panel: Your employer must provide a posted panel of physicians. Select a doctor from the panel and begin treatment.
• Follow Your Doctor’s Treatment Plan: Attend all appointments, take prescribed medications, complete physical therapy, and follow work restrictions.
• Document Everything: Keep copies of incident reports, medical records, prescriptions, work restrictions, wage statements, and all correspondence with your employer and insurer.
• Don’t Sign Anything Without Legal Advice: Insurers may ask you to sign releases or settlement agreements that waive rights or limit benefits.
• Call Weaver Law Injury Attorneys: Contact us at (770)503-1582 as soon as possible after your injury.