Statesboro Workers’ Compensation Lawyer

Experiencing an injury due to someone else’s negligence or suffering an injury on the job can be a challenging and life-altering event, impacting your physical, emotional, and financial well-being. In Statesboro, Georgia, understanding your legal rights and the difference between personal injury claims and workers’ compensation is essential to pursuing the compensation you deserve. Navigating the complexities of Georgia’s legal system alone can be daunting, especially while injured, which is why seeking guidance from an experienced local attorney is imperative. The Statesboro workers’ compensation lawyer team at Merritt & Merritt Law Firm are dedicated to helping individuals in Statesboro and the surrounding areas understand their options and fight for justice and fair compensation. Our attorneys are here for you when you need to talk to a lawyer about your workers’ compensation case, and will discuss your case with you for free when you call us at 912-764-3434.

Understanding Personal Injury Claims in Georgia

Personal injury law in Georgia provides a path for individuals who have been injured by another party’s fault or negligence to seek justice and compensation. A personal injury claim typically arises when someone fails to exercise the necessary duty of care, and as a result, another person is injured or their property is damaged. This failure to exercise reasonable care is legally termed negligence.

To successfully pursue a claim based on negligence in Georgia, the injured party generally must prove four key elements:

1. Duty of Care: That the alleged negligent party (the defendant) owed a legal duty of care to the injured party.
2. Breach of Duty: That the defendant breached that duty.
3. Causation: That there is a direct link between the defendant’s conduct and the resulting harm (actual causation) or that the harm was a foreseeable outcome of their conduct (proximate causation). Without causation, there is no case.
4. Damages: That the injured party suffered actual harm or losses as a result of the defendant’s conduct.

The state of Georgia also operates under an at-fault system for personal injury claims, which means that the party responsible for causing an accident is liable for covering the resulting damages, such as medical expenses and property repair costs.
However, Georgia also follows a modified comparative negligence theory, which considers the injured party’s contribution to the incident. Under Georgia’s modified comparative negligence rule, an injured party can recover compensation only if they are determined to be less than 50% at fault for the injuries they sustained. If you are found to be 50% or more responsible for the accident, you cannot recover damages. If you are less than 50% at fault, the amount of damages you can recover will be reduced in proportion to your percentage of fault. For example, if your total damages are $100,000 and you are found 10% responsible for the accident, you would be eligible to claim $90,000 (a 10% reduction).

Understanding Workers’ Compensation in Georgia

Workers’ compensation is a state-mandated accident insurance program paid for by employers to provide benefits to workers who are injured while performing their job duties during assigned work hours. This program offers medical, rehabilitation, and income benefits, and death benefits to dependents if a job-related injury is fatal. You are covered under workers’ compensation from your very first day on the job. Businesses in Georgia with three or more workers, including regular part-time employees, are legally required to carry workers’ compensation insurance for all of their employees.

If you are injured on the job, you should report the accident to your employer immediately, as waiting longer than 30 days to report the injury may result in losing your benefits.

You, as an employee, are entitled to weekly income benefits if your injury prevents you from working for more than seven days. Your first check should be sent within 21 days after your first day of missed work, but if you miss more than 21 consecutive days of work, then you will be paid for the first week of work you missed. The amount of your weekly benefits is typically two-thirds of your average weekly wage, up to a state statutory maximum, which amounts to $800.00 per week for accidents occurring on or after July 1, 2023.

If you are able to return to work, but you can only work in a lower-paying job due to your injury, you may be able to receive a reduced benefit based on your earnings for up to 350 weeks, with a maximum of $533.00 per week for accidents on or after July 1, 2023. The duration of weekly benefits can extend up to 400 weeks depending on your case, or can potentially be provided for life in cases of catastrophic injury.

Workers’ compensation also provides benefits for permanent disabilities, which includes weekly benefits based on the type and extent of the disability. This rate is determined by an authorized physician using specific evaluation guides.

If a job-related accident results in death, your dependents (surviving spouse, children, or dependent stepchildren) may receive weekly benefits equal to two-thirds of the average weekly wage, up to a maximum of $800.00 per week for deaths on or after July 1, 2023. However, there may be limitations on benefits for a widowed spouse without children who remarries or cohabitates.

While you can receive both Social Security and workers’ compensation benefits, your Social Security benefits may be reduced if you choose to receive compensation from both.

After you have reported your injury to your employer, it is important to note that you must file a claim with the State Board of Workers’ Compensation (SBWC) using Form WC-14 within one year from the date of your accident. If you find that you disagree with the approved benefits or your claim is denied, you have the right to request a hearing before the SBWC. This hearing is similar to a trial, where an Administrative Law Judge will hear both sides and decide your claim based on the law and facts. Hearings are generally scheduled within 60 days of the judge receiving the WC-14 form and are usually held in or near the county where the injury occurred. Having an experienced attorney from Merritt & Merritt Law Firm by your side can make all the difference in these cases, as they can fight on your behalf to get the most compensation for you.

Workers’ Compensation vs. Personal Injury: What’s the Difference?

While both workers’ compensation and personal injury claims can provide compensation for injuries, they do not provide compensation for the same kinds of injuries. The key distinction between the two systems is that workers’ compensation does not require you to prove that someone else was negligent in causing your injury, and only provides compensation for things such as medical bills and lost wages.

Workers’ Compensation is a no-fault system for job-related injuries. In exchange for this quicker process without needing to prove fault, workers typically give up the right to sue their employer for pain and suffering or punitive damages.

In a personal injury case, on the other hand, you must demonstrate that another party was negligent or intentionally caused the accident and your injuries. If successful, a personal injury case can potentially recover a broader range of damages, including medical expenses, lost wages, and compensation for emotional pain, suffering, or loss of enjoyment of life.

Generally, if you are hurt at work, your claim is limited to workers’ compensation. However, there are exceptions where you might be able to file a third-party personal injury lawsuit even after a work injury. This could happen if your injury was caused by someone other than your employer or a co-worker, such as a negligent driver who causes an accident while you are working.

Workers’ Compensation and personal injury cases are complicated, and require different legal approaches that only the most experienced Statesboro workers’ compensation lawyer firm knows how to navigate. Our team is passionate about workers’ rights, and can discuss your case for free at 912-764-3434 when you need an attorney, or have questions about your rights as a worker.

How a Statesboro Workers’ Compensation Lawyer Can Help

Navigating either the personal injury claims process or the workers’ compensation system in Georgia, especially in complex cases or when dealing with insurance companies or government entities, can be challenging to say the least. Choosing a local attorney with experience in Statesboro and the surrounding areas is extremely beneficial, as they have a better understanding of local courts, procedures, and community dynamics.

If you have been injured in Statesboro, whether in an accident or on the job, it is highly recommended to consult with an experienced Statesboro workers’ compensation lawyer at 912-764-3434 as soon as possible, as a timely consultation allows the attorney to investigate while evidence and witness memories are fresh, ensure compliance with filing deadlines, and begin building a strong case on your behalf.

At Merritt & Merritt Law Firm, we understand the challenges you face after an injury. We have experience in handling personal injury and workers’ compensation cases in Statesboro, Georgia, and our goal is to provide the legal assistance you need to navigate these complex processes and fight for the compensation you deserve, allowing you to focus on your recovery and rebuilding your life.

Contact an experienced Statesboro workers’ compensation lawyer today at 912-764-3434 for free to discuss the specifics of your case and learn how we can help you.