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Workers' Compensation Lawyers in Dallas, GA

We Make Those Who Have Hurt You "Pay" By Getting Justice and Getting You Compensation for Your Injuries

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Workers' compensation law in Georgia requires most employers to provide medical benefits and temporary disability insurance to employees who are injured on the job. Are you facing a complex workers' compensation injury or case? You may need a lawyer to fight for you. Keep reading or click here for a few quick tips and further information concerning workers' compensation.

For a FREE initial consultation, call Lonati Law Firm at 678-363-3500.

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Why Do You Need a Dallas, GA Personal Injury Attorney at Lonati Law

Workers' Compensation in Dallas, Georgia

If your employer has three or more employees (full-time, part-time or seasonal), he or she is required to carry workers' compensation insurance.  The only industries in the US that aren't required to carry standard workers' comp insurance are railroad companies, US government workers, farm workers and domestic servants. 

The amount of workers' compensation insurance required for a business depends on a number of elements, including how hazardous the industry is. On average, qualifying Georgia business owners should expect to pay between $2.00 and $2.50 per $100 spent on payroll.

In the state of Georgia, workers' compensation benefits are awarded on a no-fault basis. This means that benefits cannot be withheld from an employee due to the employee's perceived negligence or fault. In exchange for no-fault workers' compensation rights, employees in Georgia forfeit the right to sue their employer in court for a work-related injury. 

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Georgias Workers' Compensation Laws
The state of Georgia provides temporary disability benefits to employees who are out of work for more than one week due to job-related injuries. 
These benefits are capped at two-thirds of an employee's weekly income with a maximum benefit of $575 per week. Depending on the nature of a person's injury, benefits extend to the point of maximum medical improvement. If the injured person does not heal from his or her work-related injuries, workers' comp benefits can be paid out for up to 400 weeks. These benefits include medical care and rehabilitation care required for maximum medical improvement. 
In the state of Georgia, you must report your injury to your employer with 30 days of the injury's occurrence. 
It is best to report your injury immediately after it happens. Once your report has been made, go directly to the hospital or a medical clinic to receive appropriate medical treatment. 

Immediate treatment for your injuries gives you the best chance at a fast recovery. It also decreases the likelihood that your employer can reasonably claim that your injuries weren't related to your job. 
 
If you fail to report your injury within the 30-day window, your workers' compensation claim may be denied by your employer or their insurance company.

Frequently Asked Questions about Workers' Compensation Cases in Dallas, GA

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Here are some of the most common personal injury questions our clients ask us at Lonati Law Firm. Have more questions for our Dallas injury lawyer? We are happy to answer them during a free consultation.

What is Workers’ Compensation?

Workers’ compensation is an insurance program paid by employers that provides financial and medical support to employees who fell ill or were injured while on the job. Some of the benefits that come with workers’ compensation include emergency treatment, hospitalization fees, prescription costs, and physical rehabilitation.

Should I Get Workplace Injury Treatment?

In order to maximize your workers' compensation benefits, you must be aware of the legal stipulations of receiving treatment for a work-related injury.

Even if your employer accepts your claim, he or she may insist you be treated by a doctor chosen by the company. In actuality, your employer should present you with a list of Authorized Treating Physicians, all of which must be located within 50 miles of your job site. The list must include at least six physicians, with at least one minority doctor and one one orthopaedic surgeon. Injured employees are allowed to switch from one panel doctor to another one time without getting approval.

If your employer doesn't have a list of ATPs, he or she may have a Conformed Panel (which must contain 10 physicians to choose from) or an agreement with a Managed Care Organization.

The employer is required to post this list in obvious places around the job site or company office.

If your employer offers none of these workers' comp physician lists, you (the employee) are allowed to choose your own physician for treatment.

Additionally, ATP lists, Conformed Panels and MCOs do not apply when an employee suffers a life-threatening injury. The employee should seek treatment at the nearest emergency medical facility. The employer will then be required to cover all medical costs related to the diagnosis and treatment of the emergency injury, even if the treating physician is not on the approved panel of physicians.

Once the emergency medical injury has been treated, any subsequent care related to the injury must be performed by a physician on your employer's list of ATPs. 

When Do You Need a Workers' Compensation Lawyer in GA?

There are several workers' compensation issues that require the expertise of a workers' comp lawyer:

1. Your benefits do not totally cover your injury-related medical expenses
2. Your claim has been denied for questionable reasons
3. Your benefits have not been paid out in a timely manner
4. You fear that your employer will retaliate against you for seeking benefits

Don't navigate the confusing waters of Georgia workers' comp without the expert guidance of a workers' compensation attorney.

A lawyer who specializes in workers' comp cases can help you win the disability and medical benefits you are entitled to under Georgia law. If the time period for your claim has elapsed due to your employer's lack of cooperation, we can help you get an extension on your benefits eligibility.

Contact our offices today for a free consultation and case evaluation: 678-363-3500

How are Workers’ Compensation Benefits Awarded in Georgia?

Under Georgia law, workers’ compensation benefits are awarded on a no-fault basis. This means that the employer can’t deny an employee of benefits because of alleged incompetence. In exchange, employees are not able to sue their employer for work-related injury or illness.

When Should I Report My Injury? Is there a time limit?

In Georgia, if your injury has been reported within 30 days of occurrence, then you may be eligible for workers’ compensation—but it’s always best to do it as soon as it happens. Written reports are not required, but if you do submit one, remember to keep a copy of it.

If you fail to make a report within the 30-day period, your claim may be dismissed by your employer or their insurance agency. There are some cases, however, where you may have to apply for a legal exception or take the case to civil court.

Once you’ve made your report, you should go directly to a hospital or a medical clinic and seek immediate medical treatment. The faster you’re treated, the higher your chances are of a quick recovery. It could also lessen the likelihood of your employer claiming your injury isn’t work-related.

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Workers’ Compensation Laws and Rates in Dallas, GA

Georgia law states that when an employer has three or more employees, they’re required to provide workers’ compensation. The definition of employee includes those working full-time, part-time, or seasonally. The only exceptions to this are sole proprietors, partners, railroad workers, US government workers, farmworkers, and domestic servants.

Employers usually obtain workers’ compensation insurance through private insurers. The amount of workers’ compensation an employer has to pay usually depends on a variety of factors, including the industry, the kind of work the employee does, the location, and so on. On average, business owners in Georgia are expected to pay between $1.08 per $100 of payroll for workers’ compensation insurance.

Types of Workers’ Compensation Benefits in Dallas, Georgia

An employee who has been injured at work is entitled to certain benefits, regardless of whether they are temporarily or permanently disabled. However, the benefits will vary depending on the severity of the injuries.

At Lonati Law Firm, we’re dedicated to helping you navigate the murky waters of Georgia’s workers’ compensation laws with our expert guidance. No matter what you need—whether you're seeking disability or medical benefits—our lawyers can help. Even if the time period for your claim has ended due to a lack of cooperation from your employer, we may be able to help you get an extension so you can receive your benefits.

To talk to our Dallas workers compensation lawyers, all you have to do is call 678-363-3500. You could also visit us online to set up an appointment or get a free case evaluation.

Temporary Total Disability (TTD) Benefits

You’ll receive TTD benefits if your doctor says you can’t work while recovering or if you’re put on “light work duty,” but there’s no such thing at your company. TTD benefits come into effect once you’ve been out of work for at least a week. If you’re out of work for 21 days also, you will be entitled to cheques during that period.

TTD benefits are capped at two-thirds of an employee’s weekly income with a maximum benefit of $675 as of July 1, 2019. They also cover the medical care and rehabilitation required to maximize medical recovery. However, unless you’ve had a catastrophic injury that takes weeks to heal, then you can only receive TTD benefits for up to 400 weeks.

Temporary Partial Disability (TPD) Benefits

Employees are entitled to TPD benefits if they can return to work but with some restrictions. These benefits apply if you’re earning less than you used to before injury or illness. The reason for this could be that you are working fewer hours and are therefore getting paid less. TPD benefits are capped at two-thirds of your weekly earnings with a maximum benefit of $450.

Death Benefits

When an employee dies due to a work-related accident, their surviving dependents—spouses or children—are eligible for workers’ compensation death benefits. If the deceased has no surviving dependents, the employer is obligated to pay the State Board of Workers’ Compensation half the amount they’d have owed the dependents, or $10,000.

Workers’ Compensation death benefits should cover the funeral costs for the deceased, any medical bills accumulated after the work-related accident, and lost future income to the surviving dependents. Typically, the death benefit claimed by dependents would amount up to a maximum of $675 for 400 weeks.

However, this benefit comes with conditions. For the deceased’s surviving children, they will receive benefits up till the age of 18 if they’re enrolled in school. But if they’re a full-time student over the age of 18, then they will receive benefits until they are 22.

If the surviving dependent is the deceased’s spouse, they are eligible for benefits for up to 400 weeks. If they get married within this time period or cohabitate with a partner, they are no longer eligible for the workers’ compensation death benefits.

Permanent Partial Disability (PPD) Benefits

If your workplace injury has resulted in you living with a permanent disability, it makes you eligible for PPD benefits. However, it’ll only be granted if you have no ongoing TPD or PPD claims and will have to be verified by your doctor.

With PPD benefits, you'll receive weekly payments for life at the TTD rate—that is, two-thirds of your weekly income with a maximum benefit of $675. PPD claims also happen to be the most common across the country.

Catastrophic Injury Benefits

Under Georgia law, there is no category for a “Permanent Total Disability.” However, if a work-related accident results in the loss of a major body part, you qualify for a catastrophic injury claim.

According to Georgia law, spinal cord injuries, amputations, traumatic brain injuries, second or third-degree burns, and total blindness fall under the category of a catastrophic injury. The benefits that come with this claim include financial benefits for life, medical treatment, and rehabilitation.

Why Do I Need a Workers’ Compensation Lawyer in GA?

While a lawyer is not required, there are many reasons to seek the assistance of a workers’ compensation lawyer, including:

● If your benefits do not cover your injury-related medical expenses, leaving you in a financial bind

● If your claim has been denied for ambiguous reasons

● If your benefits have not been paid on time

● If you fear retaliation from your employer for seeking benefits

There are many more reasons why having a lawyer to back you up and fight for your rights is beneficial. Oftentimes, insurance companies will even refuse workers’ compensation claims if they suspect it may lead to fraud.

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