Answers To Your Questions About Georgia Workers’ Compensation
At The Law Office of Bryan S. Hawkins, we dedicate our entire legal practice to Georgia workers’ compensation law. Bryan Hawkins spent the first part of his career in workers’ compensation defense before being drawn to help injured workers, so he has extensive knowledge of the defense’s strategy — it’s like having the other team’s playbook.
If you have been injured at work, talk to one of our caring work injury attorneys. The Law Office of Bryan S. Hawkins can be reached in Augusta at 706-305-1130. Call today for your free initial consultation to discuss any workplace injury or workers’ comp claim. Read on to learn more about workers’ compensation.
What Is Workers’ Compensation?
Some people are unsure what workers’ compensation is. Workers’ compensation involves on the job work-related injuries. It does not include wrongful termination cases or employment discrimination cases, which are a separate area of law called “Employment Law.” If you have a general question about Employment Law, we are still happy to point you in the right direction, so please do not hesitate to call; however, our focus is exclusively on workers’ compensation law.
Workers’ compensation is a four-pronged benefit system that offers:
It is important to realize that workers’ compensation is also a contested benefit system. The other side literally has their own attorney arguing that you are not that injured or you do not need surgery. The opposition may also argue you do not deserve compensation for your missed work time or even survivor’s benefits and burial expenses for the death of a loved one. Facing this situation alone can feel intimidating.
Having an advocate who understands the law, the insurance company’s strategy, and has relationships with local doctors is important. Strong workers’ compensation legal advocacy includes fighting for fair and accurate permanent partial disability ratings, helping injured workers access the best doctors and surgeons for their recovery and helping injured workers through these difficult times. No attorney can promise any result in your case but I will promise to use my skills and experience to work for you aggressively and to find the best resolution possible for your case.
Your Workers’ Comp Rights In Georgia
Have you suffered an illness or injury related to your employment? Whether you work in an office or at a manufacturing plant, in our health care system or other industry, you have rights under the Georgia Workers’ Compensation Act.
The Law Office of Bryan S. Hawkins is proud to help enforce your rights. We devote our entire legal practice to representing injured people in Georgia’s workers’ compensation system. Before founding the firm, however, Bryan S. Hawkins was a workers’ comp defense lawyer, so he knows the strategies used by your opponent. It’s like having the other team’s playbook.
We Know Your Rights. We Will Help You Enforce Them.
It is important that you know your rights so that you know when to speak up, when to contact a lawyer, and why.
Under Georgia workers’ compensation law, you have the right to:
- Benefits: You are entitled to benefits that help you cover your medical care, prescriptions, therapy, temporary and permanent partial disability, rehabilitation and more.
- Negotiation: You do not have to accept any offer. You have the right to negotiate your benefits, including whether you want to accept a lump-sum settlement or receive ongoing payments.
- Necessary medical treatment: You may receive a list of approved physicians. You have the right to seek treatment from a doctor who specializes in your injury or illness or change your doctor if you are not happy with your current care.
- One-time independent medical examination (IME): You can get a second medical opinion. For instance, your treating doctor may be skeptical about your complaints of pain, tests may show a serious injury contrary to the diagnosis or the physician may not specialize in your particular injury or illness.
- Appeal: You have the right to appeal an adverse decision and explain your case in front of a judge.
- Return to work on your medical timeline, not your employer’s: Employers may pressure you to return to work based on their needs, against medical advice. If your physician does not recommend that you return or that you return with certain limited activity or restriction, your employer must comply.
Do You Know How Much Your Claim Is Really Worth? Don’t Sign. Call Us First.
When you suffer an on-the-job injury, an insurance adjuster may offer you a settlement. This offer may involve an impressive-sounding sum of money the adjuster implies will fully compensate you — but will it?
Insurance companies are in the business of making money, not paying it. They will never make an offer that matches the true value of your claim. When you sign a settlement offer, you are signing away important rights.
At The Law Office of Bryan S. Hawkins, workers’ compensation law is all we do. Our attorneys can review your lump-sum settlement offer and help determine if it is in your best interests. If it is not, we can determine a strategy that will maximize the lawful compensation you need. Initial consultations are always free, and we charge nothing unless you recover. From our office in Augusta, we can represent you regardless of where you live in Georgia.
What Should Be Considered In A Fair Settlement?
Understanding the Georgia workers’ compensation claims process and gathering the necessary documentation alone can be incredibly overwhelming. There are many factors accounted for in the calculation and consideration of a fair settlement, including:
- Lost wages: temporary total disability, temporary partial disability, past-due workers’ comp indemnity benefits, penalties and future benefits
- All medical expenses: blood tests, CT scans, MRIs, therapies, rehabilitation services and supplies, outpatient care, etc.
- Future Medicare consequences
- Permanent partial disability rating
- Catastrophic disability
Fees & Costs: If You Do Not Recover, We Do Not Recover. Period.
The workers’ compensation claims process can be complex and very confusing. Employers and insurance companies will try to underpay or deny your claim. Agreeing to a settlement without the advice of a lawyer can result in the loss of rights and insufficient benefits.
Simply put, going it alone can be very costly. How much does quality legal representation cost?
“Bryan stayed by my side and advised me step by step, and he went beyond the call of duty. I have only respect and appreciation for Bryan as an attorney and as a person. In today’s world, it can be challenging to find someone you can trust and to be sensitive to your situation.” — Client testimonial
At The Law Office of Bryan S. Hawkins, we strive to do what is best for you, and that includes protecting your financial health by limiting our fees and costs. We protect your finances by:
- Working on a contingency fee basis: This means that we do not charge attorneys fees unless you recover. You pay us nothing if your claim is denied.
- Covering your litigation fees until you win: We do not require upfront payments for litigation expenses such as filing fees. You only pay these if we recover benefits.
- Complying with Georgia law: Georgia law sets limits on attorney fees, requiring that no fee can be greater than 25 percent of your weekly benefits or settlement.
- Never taking a weekly cut from your employment paycheck: We do not require payments that come out of your paycheck. Our attorney fee only comes out of recovery for income benefits.
- Maximizing your benefits: We know workers’ compensation and how to maximize your benefits under the law. It helps us ensure that you have the money you need to cover medical costs, lost wages, rehabilitation supplies and more. Others are not willing or will not be able to do this for you, especially the insurance company.
What is the history of Georgia workers’ compensation?
The Georgia Legislature passed the first comprehensive workers’ compensation legislation in 1920. It allowed employees who were injured on the job to recover compensation for medical benefits, lost wages, permanent disability and death benefits.
Before that, the only way employees could obtain just compensation from their employers for work-related injuries was by filing a personal injury-style lawsuit. In court, the employers would typically argue that the employee was partially to blame for the accident — or that the worker had assumed the risk by taking a dangerous job.
In the majority of the cases, the employee lost, but a win typically put the employer out of business. Either way, workers were often left with no job, a disabling injury and a court order for damages from a defunct firm.
Recognizing these problems, several states starting enacting workers’ compensation laws based on those enacted in European countries during the Industrial Revolution. In 1920, the Georgia Legislature passed the first comprehensive workers’ compensation legislation to allow employees to recover for medical benefits, lost wages, permanent disability, and death benefits sustained as a result of injuries occurring on the job.
Much like today’s system, both the employer and the employee essentially had to compromise in that workers’ compensation is a ‘no fault’ system, meaning the employee can recover regardless of who is at fault in most cases; however, monetary caps were put in place on how much the employee could recover in order to protect Georgia employers.
Today, Title 34, Chapter 9 of the Official Code of Georgia is the Georgia Workers’ Compensation Act. The Workers’ Compensation Act has several defenses employers and insurance companies can use to avoid paying for the benefits the employee is entitled to when they are injured on the job. Additionally, there are hundreds of cases interpreting the Georgia Workers’ Compensation Act and Board Rules created by the Georgia State Board of Workers’ Compensation that only an experienced workers’ compensation lawyer will be fully aware of.
Navigating the Georgia Workers’ Compensation Act without the assistance of an experienced Georgia workers’ compensation attorney can be risky. Workers’ comp insurance adjusters sometimes avoid telling the employees all of their rights in an effort to prevent their company from losing money. Do not be deceived by the commercials you see about responsibility and doing what is right. The insurance industry is not your advocate or your friend.
In my years of practicing workers’ compensation law, I have seen countless employees try to negotiate with insurance companies on their own and fail. I have seen others retain attorneys who only dabble in workers’ compensation law, then lose out on reimbursement for necessary medical treatment or other valuable benefits to which they should have been entitled.
Think of it this way. Would you hire your family physician to perform brain surgery, or would you rather be given a referral to someone who spent all of their time performing surgery on the brain?
Properly handling a workers’ compensation claim is no different in principle. It is a complicated area of the law, and retaining a lawyer who fully understands the system is critical. I encourage you to give us a call and see the difference for yourself.
What are examples of workers’ compensation benefits?
Injured workers can receive workers’ compensation benefits for medical bills, prescriptions, physical therapy, temporary partial disability, permanent partial disability and rehabilitation supplies. Family members can receive death benefits and burial expenses.
Can I receive lost wages for my job injury?
The first step in determining the correct amount for workers’ compensation benefits is to calculate your average weekly wage. If you would like assistance verifying the lost wages amount free of charge, talk to Bryan. We offer a free, no-obligation consultation.
What is a permanent partial disability rating?
A permanent partial disability rating (PPD) is issued by the authorized treating physician when the injured worker reaches maximum medical improvement (MMI).
Can I choose my own doctor for medical treatment?
It is very important to seek prompt medical attention. It is also important to note that your employer’s doctor may not always have your best interests in mind. Talk to one of our lawyers. We can help you understand your rights to medical treatment and work to protect those rights.
What is an independent medical evaluation (IME)?
An IME is an opportunity to have a different doctor physically examine an injured worker and review their medical records and diagnostic tests for the purpose of providing a second opinion. The IME doctor should make a diligent effort to address some of the issues the patient is having and try to figure out what is or is not going right with the medical care. The doctor may also address the injured worker’s current work restrictions, treatment options, the necessity of a recommended surgery, and when applicable, the injured worker’s permanent partial disability rating if one has been issued.
How long do I have to report my work injury?
If you are an injured employee, you have 30 days from the date of your injury to notify your supervisor of the workplace accident injury.
Do workers’ comp benefits continue after my employment ends?
If the work accident occurred on or after July 1, 1992, employees can claim benefits for a period of up to 400 weeks. Workers who have suffered a catastrophic injury, however, may be entitled to lifetime benefits. These benefits continue even if the employee leaves the current job through a layoff or resignation.
Can I receive workers’ compensation benefits for a burn injury?
If you have suffered burns at work, you can file a claim for workers’ compensation with your employer’s insurance carrier or the insurance carrier of your deceased loved one’s insurance carrier. In addition to your medical expenses, workers’ compensation may also provide you with temporary or permanent partial or total disability benefits. In some cases, seriously injured victims may receive lifetime benefits. The immediate family members of workers who are killed may receive survivors’ benefits, reasonable funeral costs and burial expenses.
Does Georgia workers’ compensation cover mental health issues?
For the most part, Georgia law about workers’ compensation excludes mental health needs. However, a psychological condition that is connected to a physical injury (PTSD, for example) may be eligible for benefits.
A preexisting mental health condition that worsens due to an occupational accident or repetitive motion injury may fall within the scope of the workers’ compensation program. The fact that a person received mental health treatment prior to a work-related injury or illness will not necessarily preclude coverage. However, claimants may need strong evidentiary support to demonstrate the causal relationship between a physical injury and a preexisting condition.
A psychiatric illness could have a significant impact on a person’s bodily well-being. In some instances, physical conditions that accompany a decline in mental health and require treatment could qualify for benefits.
Do workers’ compensation insurance companies use surveillance video?
In our experience handling workers’ compensation claims, we estimate that approximately 75 percent of cases involve surveillance video after a Notice of Claim is filed with the Georgia State Board of Workers’ Compensation.
Get Started With A Free Case Evaluation — Call Now
To schedule your free initial consultation with a workers’ compensation attorney at The Law Office of Bryan S. Hawkins, call our Augusta law firm office at 706-305-1130. You may also contact us online.
