Weaver Law Injury Attorneys helps people in Gainesville when they’re injured in accidents. Injuries can happen to you at any time, even when you’re at work. Even though you and every other worker has the right to a safe work environment, accidents still happen. When they do, you may be able to access workers’ compensation benefits. These benefits can help you–but the process of getting them isn’t always simple. That’s where we come in. Our firm is ready to guide you through it. Contact us today for a free consultation.
Do You Need a Lawyer?
When you’re hurt at work, you’re not required to get a lawyer. But, having legal help can make a big difference if you want to explore your options. Our team can support you by:
- Explaining your rights and next steps clearly.
- Finding out how the accident happened and who’s responsible.
- Gathering evidence and filing your claim correctly.
- Dealing with your employer and the insurance company to get you a fair settlement.
Getting hurt on the job can turn your life upside down–even with health insurance or workers’ compensation benefits. Our job is to take the legal stress off your plate so you can focus on healing and getting back to work.
What Options Do You Have When You’re Hurt in a Workplace Accident?
The most important thing after getting hurt at work is to take care of your health and safety. Georgia law protects workers from unsafe job conditions, and if you’re injured, you have legal rights. Here are your main options:
- Filing for workers’ compensation – This is usually your first step. You submit a claim, and your employer’s workers’ compensation insurance should cover your benefits or offer a settlement. Employers in Gainesville are legally required to have this insurance if they have three or more employees, so it should be available to you. You generally have one year to file your claim in Georgia. If approved, you may be able to get benefits like:
- Coverage for medical bills
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- Lost wages from time off work
- Temporary disability payments if you can’t work for a while
- Permanent disability benefits if your injury causes lasting damage
- Costs for job retraining if you can’t return to your old job
- Death benefits for the family if the injury is fatal
- Civil claim – In some cases, your injury might be caused by someone else’s negligence–like a third-party contractor or equipment failure. At that point, it’s like any other accident–meaning you can file a civil claim for additional financial support for your:
- Medical expenses
- Pain and suffering
- Emotional distress
- Other losses related to your injury
Even if you’re only filing a workers’ compensation claim, the evidence you collect can help if you choose to take other legal options later. Also, you have two years from the date of your accident to file a civil claim.
How Does the Workers’ Compensation Claims Process Work?
The good news about filing a workers’ compensation claim is that the process usually follows the same basic steps–so it’s easier to know what to expect. Here’s a general outline of how it works
- Claim review – Once you file your claim, the insurance company will review it. This usually includes checking your medical records and speaking with you and any witnesses about how the injury happened.
- Medical evaluation – You may need to see a doctor chosen by the insurance company to evaluate your injury. This doctor, often certified by the state, will recommend treatment options. In Georgia, this is typically called an Independent Medical Examination (IME), not a QME as in other states.
- Claim decision – The insurance company will decide if your injury qualifies for benefits and how much you should receive. If you agree with the decision, you’ll begin receiving benefits. If you don’t, the next step is available.
- Dispute resolution – If you feel the decision is unfair, you may need to go through mediation or a hearing in front of the Georgia State Board of Workers’ Compensation. We can represent you in these proceedings to help you get the benefits you deserve.
- Going back to work – If you can, your employer may offer you a position that fits your medical limitations. If you can’t return to your previous job, you might qualify for job retraining assistance.
Each case is different—some people recover quickly, while others need more time. The key is to act quickly and remember that you have one year from the date of your injury to file a claim in Georgia. But even before that, you also need to know what steps you can take to strengthen your benefits.
What Steps Do You Need to Take to Strengthen Your Claim?
You don’t have to prove that someone else was at fault to get workers’ compensation, but like any insurance claim, the more evidence you have, the stronger your case—and the better your chances of receiving full benefits. So, when you’re hurt at work and want to file for workers’ comp, here’s what you should do:
- Report the accident and your injury – Tell your employer about the accident and your injuries right away. The sooner you report it, the better. Also, ask for a written report for your records.
- See a doctor right away – Even if you think the injury isn’t serious, get medical attention. It helps link your injury directly to your job.
- Follow your doctor’s orders – Stick to what your doctor recommends. If you don’t, the insurance company might argue that your injury isn’t as serious.
- Keep records – Save everything relating to your claim–medical bills, pay stubs, notes from your doctor, and records of missed work. This will be a huge part of your claim.
- Don’t rush back to work – Follow your doctor’s advice about when to return. Going back too early could hurt both your health and your claim.
- Watch your statements – Insurance companies may try to get you to settle for less than you need. When talking with them, be careful to not admit fault or say anything that might reduce the value of your benefits.
- Always be honest – Stick to the facts about how you got hurt and what your symptoms are. Inconsistencies can weaken your claim.
Taking these steps gives you the best chance of getting the full benefits you need to get better. However, it’s important to remember that being hurt makes everything more difficult. That’s when you can turn to our team for support and guidance.
Frequently Asked Questions
How long do I have to file a workers’ comp claim?
In Georgia, you have just one year from the date of your injury to file your claim and start receiving benefits.
How long will I receive benefits once I file?
Most of the time, you can receive benefits for up to 400 weeks, or around 7 and a half years. If your injury is permanent or catastrophic, you could receive lifetime benefits.
Am I immediately covered by workers’ comp insurance?
Yes. As soon as you start working, you are covered by your employers’ workers’ comp insurance policy.
Work With Our Gainesville Workers’ Compensation Lawyers
Your job helps support your family, but a workplace injury can quickly disrupt your life. If you’ve been hurt at work, our team at the Weaver Law Injury Attorneys is here to help. Our experienced Gainesville workers’ compensation lawyers can guide you through the claims process and fight to make sure you get the benefits you need to start your way back to work. Contact us today for a free consultation to get started.
