A lawyer who specializes in workers’ compensation cases is called a “workers compensation attorney.” They handle claims for injured employees, which are also known as workman’s compensation or occupational injuries.

A workers’ comp attorney will gather all of your medical records; interview witnesses, co-workers, supervisors, etc.; collect evidence such as receipts, photographs, etc.; make sure that your employer has completed their portion of required forms correctly (such as completing a report card); determine if there were any violations of safety regulations by your employer; review settlements with other similarly situated claimants; negotiate settlement amounts; prepare appeals when necessary, and provide legal advice for future problems.

Your Athens workers’ compensation attorney will assist you through each step of filing your claim and every decision made along the way. They’ll even keep track of everything for you! Many attorneys charge hourly rates based upon experience and skill level.

However, most do offer flat-fee packages depending on the complexity of your case. Also, many Lawyers who have specialties such as personal injury law, construction law, trucking accident law, slip/fall accidents, auto accidents, premises liability issues, product liability issues, pharmaceutical litigation, and professional malpractice may be able to represent clients without charging them anything at all.

Many workers’ compensation law firms have additional services such as medical-legal advocates. These types of individuals usually only accept referrals from doctors, hospitals, pharmacies, health insurance companies, etc., but they are very helpful because they often know what documents need to be included in reports and correspondence.

What Types of Benefits Do a Workers Get with Workers Compensation?

When you file for workers’ compensation and win, you’ll receive compensation for all your lost wages that took place because of your workplace injury. Your workers’ compensation attorney can help you prepare for this.

Not only will you receive payment for the current time you’re out of work, but you’ll also receive back pay. Back pay is the money that is accrued while you’re waiting for your claim approval.

Even if your manager denies your claim, you’ll still receive pay for anything after the rejection period up to your approval.

Who Qualifies for Workers Compensation?

Generally, anyone over 18 years old who was working for an eligible employer before the date of injury meets certain requirements. If you suffer a catastrophic injury, you could qualify for lifetime benefits.

For example, someone who suffers a traumatic brain injury would not likely qualify for lifetime benefits, however, someone who sustains significant head trauma and dies within one year of this incident might qualify. You should speak with your Athens, GA workers’ compensation attorney about whether you meet these criteria.

What Happens During the Initial Meeting?

Most meetings take place via telephone conference call. This method allows the client to remain anonymous while providing the workers compensation attorney with access to important information.

Most workers’ compensation attorneys use either Telstra, Avaya, or TeleConference Systems. During the first meeting, the workers’ compensation attorney will discuss the details of your situation, including the specific circumstances surrounding your injury.

He/she will then explain how his office handles various situations like yours and provide you with estimates on anticipated fees. Finally, he will ask questions to assess exactly why you want him to pursue your claim, what you hope to achieve, and any concerns you may have.

Afterward, he will give you his preliminary thoughts on the matter, answer any remaining questions, and schedule a follow-up appointment where we can go into more detail. Typically, this initial consultation lasts approximately 45 minutes.

How Much Money Should I Expect to Be Paid?

It depends on several factors, such as your state laws and how severe your injury was. In general, though, the average award ranges between $50-$100 per week for temporary total disability, $25-$40 per week for temporary partial disability, 0%-20% loss of function for permanent partial disability, 1%-5% for serious disfigurement, and 2%-10% for residuals.

What Do I Need to Win My Case?

To prevail on your claim, you must establish three elements – negligence, causation, and resulting harm. Negligence means that the employer failed to comply with industry standards. Causation simply refers to the fact that your injury occurred because you worked for the employer. Damages refer to financial losses caused by your injury.

Your workers’ compensation attorney will gather relevant witness statements, photos, medical bills, police reports, expert testimony, etc. so that he can present compelling proof of your claims. You should expect to spend multiple hours speaking with your workers’ compensation attorney.

Can’t I Contact OSHA Myself?

Yes, you certainly can. But generally, OSHA requires written documentation from an authorized representative of your company before making any decisions. Having a certified workers’ compensation attorney helps ensure that you obtain an accurate assessment of your rights. Additionally, having a qualified advocate on your side gives you confidence that the process is being handled fairly, efficiently, and legally.

Maybe you’ve heard some people say that going to OSHA is too expensive. Why bother paying an inflated price for something that isn’t worth it? Because there are strict time limits associated with filing claims against employers.

Once those deadlines pass, you no longer have any recourse unless you hire an experienced workers’ compensation attorney to fight on your behalf. If you wait until you feel like you need assistance, it might already be too late. By hiring a licensed Athens, GA workers’ compensation attorney, you won’t have to worry about missing deadlines since they handle everything for you. Plus, most workers compensation attorneys will agree to a fair rate since they get paid a percentage of your back pay.  This means you don’t have to waste valuable time trying to navigate the system yourself.

When Do I Start Receiving Benefits?

Usually, once you submit your application and supporting paperwork. How quickly your check arrives will depend on several factors such as how fast your workers’ comp attorney completes your request. Processing times vary greatly from state to state, ranging anywhere from three weeks to six months.

If I’m Already Employed, Am I Covered Under Workers’ Compensation?

No, you aren’t. You are responsible for obtaining your own private employee’s insurance policy. And although it seems unfair, many employers will refuse to cover you on grounds that you are already insured. Therefore, you must have proper insurance coverage before commencing employment.

Do I Still Have to Pay Social Security and Disability?

Yes, you do. As part of your workers’ compensation package, your workers’ compensation attorney will advise you on whether you qualify for Social Security Disability Income. If you do, you will continue to contribute toward FICA taxes throughout your Social Security Administration approved period.

Will I Ever Have to Deal with My Boss Again?

This depends. Unless there is proof of a blatant disregard for the safety of others, bosses tend to stay away from being terminated. That said, you may be surprised to learn that there are numerous ways in which your boss could potentially violate workplace rules and expose himself to potential liabilities.

For instance, failing to maintain adequate training programs, equipment maintenance, ensuring compliance with safety procedures, hiring incompetent personnel, poor record-keeping practices, inadequate supervision, lack of corporate oversight, failure to act on complaints, etc. All these actions can lead to devastating consequences for both the company and its employees. So even if your boss doesn’t intentionally try to injure you, it’s always good practice to consult with an experienced workers’ comp attorney anyway.

Can I Sue My Former Employer?

Maybe…but probably not. Unlike traditional lawsuits, filing a lawsuit under Occupational Safety and Health Act (“OSHA”) does require certain types of proof beforehand. Instead, you must notify your former employer in writing by registered mail. Failure to do so prevents you from pursuing any further action against them. In addition, you cannot join your former employer as a party defendant until 30 days following receipt of the notification letter. Furthermore, unlike regular suits, you can only seek monetary relief. Any remedies available under OSHA are exclusively equitable.

Am I Protected Against Retaliation?

Absolutely. Federal legislation prohibits retaliation against employees who exercise their right to participate in proceedings filed according to OSHA. Accordingly, you shouldn’t face retaliation charges even if your workers’ compensation attorney files suit against your current or previous employer.

Doesn’t OSHA Cover Me in Certain Situations?

Yes, it is. Unfortunately, there are occasions when government regulators fail to enforce safety guidelines and standards established by Congress. When this occurs, OSHA inspectors are unable to properly investigate possible hazards. Consequently, you may find yourself exposed to dangerous conditions despite following the applicable safety procedure(s) set forth by the Department of Labor.

What Are the Penalties Imposed by OSHA for Violations?

Penalties range anywhere from a warning to a shutdown of the entire company, or termination of the employee in question. Your workers’ compensation attorney can outline the OSHA specifics with you and get you up to speed if you’re involved in a particularly confusing injury situation.

If you’re involved in an injury at work and believe that it’s through negligence by your employer, you could be entitled to a lot more than workers’ compensation. Any time you are injured on the job period you’ll usually receive workers’ comp.

When you suffer any type of injury at work, you need an experienced Athens, GA workers’ compensation attorney by your side. If you’re in the Athens, Georgia area and you’ve suffered an injury at work, contact Morgan and Morgan today to see how we can help.

We have decades of experience in the field and won’t stop fighting until you get the compensation you deserve!