Category: Workers Compensation

Georgia Workers Compensation Attorney - what to expect at mediation

What to Expect at Mediation

When it comes to settling your workers’ compensation claims, mediation is often a useful tool the parties can utilize in resolving a claim.  Mediation is a process in which representatives from both parties (the Injured Worker and the Employer/Insurer) sit down with a neutral third party – called a mediator – in an effort to resolve a case.  There are two types of mediation – private mediation, which often take place at a mediator’s office, and a Board mediation, which takes place at the State Board of Workers’ Compensation.

During the course of mediation, a representative from each party will provide the mediator with a brief summary of the facts of the case as they see it.  The parties will then go into separate rooms to “caucus” and the mediator will go back and forth between the parties with updated settlement demands and settlement offers.  Throughout the mediation the mediator will often provide their input with respect to the relative strengths and weaknesses of each party’s case.  During this process it is important to remember that the mediator is a neutral party, meaning they do not side with either party.  It is also important to remember that the mediation process is confidential and information shared or disclosed during the course of the mediation will not be shared outside of the mediation.

In most instances, the mediation process is a voluntary process.  This means that both parties have the right to leave the mediation at any time.  Having said that, Injured Workers are strongly advised to allow the mediation process run its course.  The mediation process is aimed at providing both parties with a resolution and is certainly a worthwhile endeavor.  While the process may be frustrating to some at times, mediation is ultimately a powerful tool in resolving claims and typically results in equitable results for Injured Workers.

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!

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Workers’ Compensation and Workplace Violence

Unfortunately, there are often instances in which employees are the victims of violence in the workplace.  If you have been the victim of workplace violence, depending upon the specific circumstances of your case, you may be entitled to receive workers’ compensation benefits.

Generally speaking, if the violence takes place in the course and scope of your employment, and is related to the work that you are performing, then you will likely have a compensable workers’ compensation claim.  Conversely, if the violence is related to something stemming from outside of the workplace, then it will likely not be compensable under Georgia’s workers’ compensation laws.  Cases involving workplace violence are incredibly fact specific.  This being the case, if you are a victim of workplace violence, it is recommended that you consult with an attorney who specializes in workers’ compensation as soon as possible.

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!

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Atlanta Workers Compensation Intake
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Workers Compensation Fees

Attorney’s Fees in Georgia Workers’ Compensation Cases

Attorney’s fees in Georgia workers’ compensation cases are regulated by statute. Specifically, O.C.G.A. § 34-9-108 dictates that with respect to workers’ compensation claims, attorney’s fees cannot exceed 25% of the injured worker’s award of weekly benefits or settlement.  As it relates to settlements, it is important to note that attorney’s fees are not taken against any portion of a settlement that is specifically designated for the injured workers’ future medical treatment.

While attorney’s fees for other types of litigation may exceed this amount, when it comes to workers’ compensation cases within the state of Georgia, no attorney can charge a fee of greater than 25%.  This is yet another way in which workers’ compensation claims are drastically different

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!

If you’d like to discuss your Georgia workers compensation case, please call at 678-242-7626 or complete the intake form below.

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Georgia Workers Compensation Benefits - Mileage

Mileage Reimbursement

Something that Injured Workers’ often overlook when dealing with a workers’ compensation claim is an entitlement to reimbursement for mileage and other expenses associated with traveling for treatment related to your workers’ compensation claim. Whether you are required to travel locally or across the state, Georgia law allows for Injured Workers to be compensated for their travel.

As of the time of this writing, Injured Workers are entitled to receive 40 cents per mile as reimbursement for the travel associated with their workers’ compensation claim – including traveling to and from authorized medical appointments. It is important to note that there is a time limit within which you must request your reimbursement. All mileage must be presented for reimbursement within one year.

Further, if you are forced to come out pocket to pay for parking, it is important to note that those expenses are also subject to reimbursement. Just make sure that you keep any receipts associated with parking for your medical appointments. Also, be aware of the fact that there are certain circumstances in which you may be reimbursed for overnight stays and meals. It is recommended that you speak with an attorney in order to ensure that you are receiving all of the benefits that you are entitled to.

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!

If you have questions about your workers compensation benefits, please call us at 678-242-7626 or complete the intake form below!

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Atlanta Workers Compensation Intake
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Outstanding Child Support Obligations and Your Workers’ Compensation Claim

Following a workplace accident, you may find yourself facing significant financial strain.  Faced with such financial strains, Injured Workers often find themselves falling behind on a number of financial obligations – including child support.

In the event that you fall behind on your child support payments, your workers’ compensation benefits may be impacted in two ways.  First, your weekly workers’ compensation checks may be reduced in order to pay back child support.  Alternatively, in the event that your claim involves a lump sum settlement, your portion of the settlement may be reduced by the amount of child support that past due.  These financial arrangement are often negotiable, but it is recommended that you speak with an attorney who is experienced in handling these types of situations.

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!

If you’d like to discuss your Georgia workers compensation case, please call at 678-242-7626 or complete the intake form below.

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
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Stipulation and Agreement in Georgia Workers’ Compensation Claims

Stipulation and Agreement in Georgia Workers’ Compensation Claims

After you claim has settled and the settlement documents have been approved by the State Board of Workers’ Compensation, by law, the Employer/Insurer will have 20 days (17 days if the insurer is located outside of Georgia) in which to issue the settlement checks.  In the event the settlement checks are not issued within 20 days of the Board’s approval of the settlement documents, then the Employer/Insurer may be subject to a late-payment penalty equal to 20% of the total settlement amount.

It important to note that the Employer/Insurer will issue two separate checks – one check to cover the attorney’s fees and expenses, and a second check made payable to the injured worker.  These checks will often be mailed to your attorney’s office and your attorney will contact you once they have received the settlement proceeds.

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!

If you’d like to discuss your Georgia workers compensation case, please call at 678-242-7626 or complete the intake form below.

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
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georgia-workers-compensation-remedy-law

Workers’ Compensation…Exclusive Remedy Under Georgia Law

If you are injured at work due to the negligence of your employer or a co-worker the question may arise “can I sue the at-fault party for their negligence?”  Unfortunately, the answer is no. This is because under Georgia law, when it comes to workplace injuries, filing a workers’ compensation claim is an injured worker’s exclusive remedy.

The so-called “Exclusive Remedy Doctrine” is both good news and bad news for workers injured in Georgia.  The good news is, if you are injured in the course and scope of your employment, you are entitled to file a workers’ compensation claim – regardless of who is at fault.  Consequently, in most circumstances, you are permitted to file a workers’ compensation claim even if the accident was your fault.  This is true unless you were intoxicated, engaged in horseplay, or were engaged in some type of willful misconduct at the time of the accident.

The flip side of the Exclusive Remedy Doctrine is that since the employer or insurer must accept any claim that occurs in the course and scope of employment (with the exception of the specific instances detailed above) an injured worker cannot bring a cause of action for negligence against their employer or a co-worker.

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!

If you’d like to discuss your Georgia workers compensation case, please call at 678-242-7626 or complete the intake form below.

Workers Compensation Evaluation

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

The 4 Critical Things You Must Do If Injured On The Job

1) Notify your employer immediately that you suffered an injury at work.

2) Get the names and phone numbers of any witnesses.

3) Do not attempt to be tough and hope the injury will go away that only hurts you and your case. Ask for the medical treatment you are entitled to and give the medical provider as much information as possible about your injury and pain.

4) Call Dan Chapman & Associates to get immediate help. The employer and insurance company will have their lawyers working against you from the start. You deserve an experienced workers compensation lawyer fighting for you! Call 678-CHAPMAN (678-242-7626) NOW for a free, no obligation consultation!

WORKERS COMP BENEFITS AVAILABLE TO YOU:

  • Free Medical Care – past, present and future
  • Lost Weekly Wages
  • Cash Disability Settlements

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