Atlanta Workers’ Compensation Benefits Lawyer

Navigating the complexities of a workplace injury and the subsequent workers’ compensation claim can be challenging, but you don’t have to face it alone. At Merritt & Merritt Law Firm, we are dedicated to helping injured workers in Georgia understand their rights and obtain the benefits they deserve. With over 40 years of experience assisting thousands of clients, we are ready to leverage our knowledge and resources for you after an on-the-job injury. Call us today at 404-975-1775 for a free consultation today. 

What is Georgia Workers’ Compensation? 

Workers’ compensation is an insurance program provided by employers to employees who are injured or become ill due to their job. It is designed to provide medical benefits and replace a portion of lost wages to help the employee recover and return to work.

Georgia operates under a “no-fault” workers’ compensation system. This means that generally, an employee can receive benefits for a work-related injury regardless of whether the employee or the employer was at fault, as long as the injury wasn’t caused by the employee’s willful misconduct, such as intoxication or fighting. Most employers in Georgia with three or more employees are legally required to have workers’ compensation insurance. By receiving workers’ compensation benefits, the employee typically gives up the right to sue their employer for the injury, as workers’ compensation is usually the “exclusive remedy”. However, it may be possible to sue a negligent third party who contributed to the injury.

Who is Eligible for Workers’ Compensation? 

Generally, you are eligible for workers’ compensation in Georgia if you are an employee, not typically an independent contractor, freelancer, or volunteer. Your employer must have three or more employees regularly working for them. Your injury or illness must have arisen out of and in the course of your employment, meaning it happened while you were doing your job duties. Coverage typically starts from your first day on the job.

Types of Workers’ Compensation Benefits in Georgia

Workers’ compensation in Georgia provides several types of benefits to assist injured workers:

• Medical Benefits: The system pays for authorized medical treatment related to your work injury. This includes doctor visits, hospital stays, surgery, prescriptions, physical therapy, necessary medical equipment, and required travel expenses for treatment. For injuries occurring on or after July 1, 2013, medical benefits are generally limited to a maximum of 400 weeks from the accident date, but if your injury is deemed catastrophic, you may be entitled to lifetime medical benefits. All injuries occurring on or before June 30, 2013, are entitled to lifetime medical benefits. 
• Income Benefits (Lost Wages): These benefits replace a portion of your lost wages if you are unable to work due to your injury.
  • Temporary Total Disability (TTD): If you cannot work for more than seven days, you may receive two-thirds of your average weekly wage, up to a maximum limit. As of July 1, 2023, the maximum limit is $800 per week. TTD benefits can last up to 400 weeks for non-catastrophic injuries. For catastrophic injuries, you are entitled to receive TTD benefits for as long as you are unable to return to work, potentially for life. If you are not working and are determined capable of performing work with restrictions for 52 consecutive weeks or 78 aggregate weeks, your weekly income benefits will be reduced.
  • Temporary Partial Disability (TPD): If you can return to work but earn less than before your injury (e.g., on light duty), you may receive two-thirds of the difference between your pre-injury average weekly wage and your current earnings, up to a maximum limit. As of July 1, 2023, the maximum limit is $533 per week. TPD benefits can last for a maximum of 350 weeks from the date of injury.
  • Permanent Partial Disability (PPD): If your injury results in a permanent impairment, you may receive benefits based on an impairment rating assigned by your doctor. This benefit is paid even if you return to work. The amount and duration depend on the body part affected and the severity, according to a schedule set by law. An attorney can help ensure you receive a proper PPD rating.
  • Permanent Total Disability (PTD): For very severe, catastrophic injuries resulting in permanent inability to work, lifetime weekly benefits may be available.
  • If you do not receive benefits when due, the insurance carrier or employer must pay a penalty.
• Death Benefits: If a worker dies from a job-related injury, eligible dependents such as a spouse or children can receive two-thirds of the worker’s average weekly wage (up to the maximum TTD rate) plus up to $7,500 for funeral expenses. A widowed spouse with no children may be paid a maximum of $320,000. Benefits continue until the spouse remarries or openly cohabits.

Key Steps to Take After a Workplace Accident 

If you are injured on the job, there are crucial steps you should take to protect your right to receive benefits.

1. See a Doctor Right Away: Seek necessary medical attention from an authorized physician as soon as possible. 
2. Report Your Injury to Your Employer: Report the injury to your employer immediately, or as soon as possible. You must report it within 30 days of the accident or diagnosis, or you risk losing your right to benefits.
3. Document Everything: Keep careful records of all time missed from work. Follow all recommended treatment plans and attend all medical appointments and therapy sessions. Specify at each visit that your injury was work-related and ask for this to be reflected in your medical records. 
4. Contact an Experienced Atlanta Workers’ Compensation Benefits Lawyer: Calling a lawyer after an on-the-job injury is a smart choice and can help get you the most out of your workers compensation. Call us today at 404-975-1775 for a free consultation. 

Why Hire a Workers’ Compensation Lawyer?

While it is possible to represent yourself in a workers’ compensation case, it is almost always advisable to hire an attorney. The workers’ compensation system in Georgia is governed by specific statutes and case law, making it a very complex area of the law. 

There are numerous confusing situations and little details that are important in a workers’ compensation case that you may not know, and failure to adhere to any of the rules and regulations throughout the claim process could lead to your forfeiture of benefits.

Your employer probably has their own legal team or an insurance company with a legal team. Insurance companies are for-profit businesses that exist to make money and pay as little as possible on claims. You cannot blindly trust that the insurance company has your best interest in mind. Hiring an Atlanta workers’ compensation benefits lawyer can help you navigate all the complex rules, understand your rights under the law, and ensure you have professional advocacy on your side to level the playing field.

A lawyer can help you secure proper treatments and benefits within the workers’ compensation system. They can represent your best interests and skillfully negotiate with insurers. They can also help maximize your workers’ compensation benefits, appeal unjustly denied claims, and negotiate with insurance companies to ensure you aren’t getting scammed or underbid.

Settlements that are negotiated with the help of an experienced attorney are often significantly higher than those obtained without legal representation. You could be owed hundreds of thousands of dollars more than the insurance company initially offers.

There are specific scenarios where legal counsel is particularly beneficial:

• Your employer denies your claim or doesn’t pay upfront.
• Your employer’s settlement offer is too low.
• Medical issues prevent you from returning to work.
• You plan to apply for Social Security disability (an attorney can structure settlements to not affect SSDI).
• Your employer retaliates after you file a claim (e.g., firing, demotion).
• The injury resulted from a third party’s actions or the employer’s gross misconduct (allowing for potential lawsuits outside workers’ comp).
• Your employer doesn’t have the required workers’ comp insurance.
• Your employer wants you to return to work before the authorized treating physician has released you to normal duty.
• You’ve received treatment but remain in pain.
• A doctor has determined you reached Maximum Medical Improvement (MMI).
• The insurance company makes an unsolicited settlement offer.
• You have a workers’ compensation hearing pending.

Hiring an Atlanta workers’ compensation benefits lawyer early in the process can help make the entire case run smoother. Call us today at 404-975-1775 to get a free case evaluation. 

Speak with an Atlanta Workers’ Compensation Benefits Lawyer Today

Merritt & Merritt Law Firm has been trusted by families since 1973, providing legal representation for over 40 years. Our attorneys fully understand the challenges a workplace injury presents. 

Our practice is devoted to helping injured workers collect the compensation they deserve, and we are ready to assist you through your entire claim, providing specialized care to meet your unique needs. 

Facing an insurance company alone can be difficult and frustrating. We know that insurance companies have a team of attorneys working on their behalf, and our goal is to make sure you are fully compensated for your injuries and loss. We will fight hard to get the payout you deserve.

Contact Merritt & Merritt Law Firm Today If you have been injured on the job, it is critical to report the injury and immediately seek legal representation. Let our experienced, qualified attorneys help you get the settlement and benefits you deserve. Contact us at 404-975-1775 to request a free case review to learn about your legal rights.