However, filing a workers’ comp claim is still a complicated process. Mistakes could lead to a denial or delays in getting the benefits you desperately need. Retaining legal counsel is essential for the initial filings, as well as for additional steps and appeals. You might hesitate, thinking the cost is something you cannot afford. Once you realize how an Athens, GA workers’ compensation lawyer fights for the benefits you deserve, you will understand how representation is a wise investment.

Workers’ Comp Attorney Costs in Athens

In workers’ compensation cases, lawyers are required to charge on a contingency fee basis for legal fees. This means you do not pay them unless you recover benefits through your workers’ comp claim. Under the Georgia workers’ comp statute on attorneys’ fees, there are additional restrictions on the amount they can charge. A lawyer may charge up to 25 percent of the amount you receive as weekly benefits. If you work out a settlement that pays out a lump sum, the 25 percent factor is applied to that amount.

You will also be responsible for paying expenses that your workers’ comp attorney incurs as part of representing you. For instance, many hospitals, clinics, diagnostic centers, and medical offices charge a per-page fee to produce your medical records.

At the conclusion of the process, the State Board of Workers’ Compensation must approve all requests for attorneys’ fees and costs.

Overview of the Workers’ Comp Process in Athens

At a time when you are injured, need medical care, and cannot work, the cost of a workers’ comp lawyer is in alignment with the valuable services you receive. You will need to file a claim with your employer’s insurance company, followed by additional hearings and appeals. Even though workers’ comp laws are no-fault and you do not need to prove that your employer was negligent, you may still receive a denial. The insurer may allege that:

• Your injuries were not that severe;
• You were not hurt while working within the scope of employment;
• You are an independent contractor; and,
• You did not submit the required notices on time.

Many reasons insurance companies use to justify a denial are illegitimate because the insurer is simply looking for a way out of paying you. Without an attorney, these companies often employ tactics that take advantage of your rights. They do not try the same tricks when you have representation.

Workers’ Comp Benefits in Athens

Benefits are only available to those who qualify, but most employees will meet the criteria. You must work for an employer that has at least three or more full- or part-time employees. Independent contractors do not qualify. Plus, your injuries must be caused by a workplace accident while you were performing job-related activities within the scope of employment.

If eligible, you may be able to obtain various types of benefits in a successful workers’ comp claim:

• You can recover amounts for the costs of all medical care that is reasonably necessary to treat your workplace injuries, in the immediate aftermath of the accident and in the future.
• You may receive amounts as wage replacement if you missed work and lost income while recovering.
• You might qualify for total or partial disability benefits, paid for permanent or temporary injuries; and,
• If you are a surviving family member of an employee who was killed in a workplace accident, death benefits are available.

Legal Help with the Workers’ Comp Process

The process for filing a workers’ comp claim starts with you notifying your employer about the workplace accident, which you must do within 30 days of the on-the-job accident. However, you will want to send these notices right away to move things along with getting approved for benefits. Next steps include:

• Accessing all reports prepared because of the workplace accident;
• Obtaining all medical records related to your treatment;
• Preparing claims forms and submitting them with supporting documentation to your employer’s workers’ comp insurer;
• Responding to any requests for additional information;
• Reviewing any denial or offer to pay a low amount of benefits;
• Negotiating with the insurance company in an attempt to resolve your workers’ comp claim; and,
• Taking next steps for a workers’ comp hearing and additional appeals.

Once approved, you may encounter challenges if the workers’ comp insurance company wants to cease benefits or reduce them unlawfully. A lawyer will defend your right to benefits and ensure you receive what you deserve by law.

Trust an Athens, GA Workers’ Compensation Attorney for Support

As you can see from this description, retaining legal counsel for a workers’ comp claim gives you an edge over trying to handle the process on your own. Instead of putting your rights at risk, count on Morgan & Morgan, Attorneys at Law, P.C. to tackle the different steps and requirements. Please contact our offices today to schedule a no-cost consultation. We will review your case and get started on the workers’ comp claims process.

Related Content: Types of Worker’s Compensation Settlements

Andrew Morgan

Andrew Morgan