Category: Atlanta Lawyers

Catastrophic Job Injuries Under Georgia Law

Sustaining Catastrophic Injuries On The Job

In some tragic instances, a worker may sustain injuries so severe that he or she may never be able to work again.  Typically, injured workers are only entitled to receive 400 weeks of income benefits.  However, in the event that an Injured Worker is determined to have sustained what is known as a “catastrophic injury,” then he or she may be entitled to receive a lifetime of income benefits, along with required medical treatment.

Under Georgia law, you may be entitled to a catastrophic designation if you have suffered one of the following types of injuries: 1) a spinal cord injury involving severe paralysis of an arm, leg, or the trunk; 2) the amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage; 3) a severe brain or closed head injury; 4) significant second or third degree burns; or 5) total industrial blindness.  Further, if your injuries render you unable to perform your prior job or any other job for which you may be qualified, then you may also be entitled to receive a catastrophic designation.

If you have been involved in a workplace accident resulting in any of these traumatic injuries, it is important that you speak with an experienced workers’ compensation attorney in order to ensure that you get all of the benefits to which you are entitled.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!  Let us help you get the money you deserve!

Call us at 678-242-6272 or fill out the intake form below for a free case evaluation. There are no fees unless we win.

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
  • Please tell us who you work for.

Can I Sue My Employer?

Georgia Workers Rights – Employment Lawsuit

If you have been involved in a workplace accident, you may wonder whether you have the right to sue your employer.  You were hurt at work, so it would stand to reason that you should be allowed to sue your employer, right?  Unfortunately, in most instances, the answer to that question is no.  Under Georgia law, if you have been involved in a workplace accident, you are not permitted to sue your employer.  This being the case, the workers’ compensation system (i.e. filing a workers’ compensation claim) is your exclusive remedy against your employer.  Having said that, the workers’ compensation system is beneficial to employees in that they do not have to file a lawsuit against their employer – a process which can take years – and that employees do not have to prove that their employer was at fault for their injuries in order to receive workers’ compensation benefits.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!  Let us help you get the money you deserve! Call: 678-242-7626

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
  • Please tell us who you work for.

 

What To Do If Hurt On The Job

What Should I Do If I Am Hurt At Work?

If you have been involved in a workplace accident, it is important to take the following steps in order to ensure that your rights are adequately represented.

  • NOTIFY YOUR EMPLOYER

Under Georgia law, an Injured Worker has 30 days in which to notify his or her employer of a workplace accident.  Notice can be verbal and can be given to your direct supervisor.  While you may have 30 days to notify your employer of your workplace accident, it is always in your best interest to notify your employer of your injury as soon as possible.

  • GET MEDICAL TREATMENT WITH A PANEL DOCTOR

By law, nearly all employers in Georgia are required to maintain what is known as a “panel of physicians.”  In most cases, this panel must include a list of at least six (6) doctors from which you are allowed to choose to seek medical treatment.  After you have notified your employer of your injury, be sure to ask your employer to see the panel of physicians and then choose a doctor from that list.  Your employer cannot tell you where to seek medical treatment – you have the right to choose.

  • YOUR HEALTH IS WHAT IS MOST IMPORTANT 

When you have been hurt at work, getting medical treatment is the most important thing you can do.  In the event that your employer either does not have a panel of physicians or does not make the panel of physicians available to you, seek treatment at an emergency room or walk-in clinic.  Should you be forced to treat at an emergency room or walk-in clinic, make sure that you tell the doctor that you were hurt at work and explain to them the circumstances surrounding your accident.

  • MAKE SURE THE DOCTOR ADDRESSES WORK RESTRICTIONS

Whether your end up seeking medical treatment with a panel physician or at an emergency room/walk-in clinic, make sure that the doctor treating your specifically addresses your ability to return to work.  When treating for a workplace injury, a doctor will likely either remove you from work completely, allow you to return to work with certain light duty restrictions, or release you to return to work at full duty without restrictions.  The type of work restrictions placed upon you following your accident will be of vital importance moving forward, so be certain that your doctor addresses your work restrictions following the accident.

  • CONTACT AN ATTORNEY WHO SPECIALIZES IN WORKERS’ COMPENSATION

When you are injured at work, it is never too early to obtain legal counsel in order to ensure that your rights are protected and to ensure that you receive all of the workers’ compensation benefits to which you are entitled.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win! Call:  678-242-7626

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
  • Please tell us who you work for.

Workers Compensation | Medical Benefits Under Georgia Law

If you have been injured in the course and scope of your employment, it is important to know that the workers’ compensation system will provide you with two types of benefits – weekly income benefits and medical treatment.  This entry will discuss the types of medical benefits that an Injured Worker may be entitled to receive under Georgia law.

It is important to remember that the primary function of the workers’ compensation system in Georgia is to provide Injured Workers with the medical treatment needed in order to allow them to return to work.  In the event that your claim is accepted as compensable, the insurance company will be required to provide you with all medical treatment that your authorized treating physician deems to be reasonable and necessary to help you recover from your accident. This may include things such as hospital visits, treatment with your authorized treating physician, payment for prescriptions, physical therapy treatment, and expenses associated with traveling to and from medical appointment.  Remember that the Employer/Insurer is not under any obligation to pay for medical treatment which is not recommended by the authorized treating physician.  This being the case, under most circumstances, the Employer/Insurer will not pay for treatment that you receive from your personal physician.

Injured Workers are entitled to medical treatment for up to 400 weeks following the date of the accident.  Remember that as long as the medical treatment is approved by an authorized treating physician, the insurance company is required to pay for your medical treatment and you will not have to come out of pocket for medical treatment.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

Workers Compensation | Income Benefits Under Georgia Law

 

If you have been injured in the course and scope of your employment, it is important to know that the workers’ compensation system will provide you with two types of benefits – weekly income benefits and medical treatment. This entry will discuss the various types of income benefits that an Injured Worker may be entitled to receive.

Under Georgia law, there are three (3) distinctly different types of income benefits that Injured Workers may be entitled to:

  1. 1) Temporary Total Disability Benefits (TTD)

If a doctor removes you from work completely, or if your employer is unable to accommodate your light duty work restrictions, then you may be entitled to TTD benefits.  Workers entitled to TTD benefits receive two-thirds (2/3) of their average weekly wage up to a maximum of $575/week.  An Injured Worker is entitled to receive TTD benefits for up to 400 weeks from the date of their accident.

  1. 2) Temporary Partial Disability Benefits (TPD)

If you return to work following your accident and are earning less money than you were prior to your workplace accident, then you may be entitled to TPD benefits.  Workers entitled to TPD benefits receive two-thirds (2/3) of the difference between what they were earning prior to the accident and what they are receiving after the accident up to a maximum of $383.00.  An injured worker can receive these benefits for up to 350 weeks from the date of their accident.

  1. 3) Permanent Partial Disability Benefits (PPD)

In the event that your authorized treating physician assigns you what is known as a “permanent impairment rating,” then you could be entitled to PPD benefits.  These PPD benefits can be paid out in one lump sum payment, or on a weekly basis.  The amount of PPD benefits that you will receive will depend upon the impairment rating assigned, your average weekly wage, and the body part to which the impairment rating is assigned.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
  • Please tell us who you work for.

Are Workers’ Compensation Benefits Considered “Taxable Income?”

 

It is that time of year again. The deadline for filing personal income tax returns is fast approaching and the dreaded April 15th deadline will be here before we know it.  If you have received workers’ compensation benefits, you may wonder whether the income benefits that you have received need to be reported as taxable income. The good news is that, generally speaking, workers’ compensation benefits are not considered taxable income. Accordingly, Injured Workers are not required to report workers’ compensation benefits on their W2s or other tax documents.

There are certain exceptions to this general rule, however.  Specifically, if an Injured Worker has received Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) certain tax implications may be involved.  If you have any questions regarding the specific nature of the tax implications involving either SSDI or SSI benefits, it is recommended that you contact a tax professional.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
  • Please tell us who you work for.