We Serve Injured Atlanta Workers
Trust an attorney from our firm to help you file for workers' compensation
At Gary Martin Hays & Associates, we understand how to fight insurance companies that try to take advantage of employees seeking workers' comp. From filing a workers' compensation claim to finding a doctor, we help injured workers navigate the complicated workers' compensation insurance claim process. We prepare every case as if we're going to trial — and have no hesitation to do so if needed — in pursuit of the compensation you rightfully deserve.
If you have questions, we're ready to answer them, and we're fully prepared to take action on your behalf. Remember, you don't pay us unless you win. Contact a determined Georgia workers' compensation lawyer at 1-800-898-HAYS today.
Understanding Georgia's workers' compensation laws will help you realize the value of effective legal representation. You do have the right to consult an attorney even if an employer's insurance carrier says your injury did not occur at work and denies you have a claim.
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FAQs About Atlanta Workers’ Compensation Claims and Workplace Injuries
Find answers to frequently asked questions about workers’ compensation in Atlanta. Use the links below to navigate:
- What do I do if I’ve been hurt on the job?
- What important facts should I know about Georgia’s workers’ compensation laws?
- What types of injuries qualify for workers’ compensation in Georgia?
- Can I receive compensation if my loved one died in a workplace accident in Atlanta?
- What if my employer denies my workers’ compensation claim?
- What medical treatment does workers’ compensation cover in Georgia?
- How long does it take to receive workers’ compensation benefits in Atlanta?
- Can I get both workers’ compensation and Social Security Disability benefits?
- What if I was partially at fault for my workplace accident?
- What should I do if my employer retaliates after I file a workers’ compensation claim?
- Can I sue my employer?
- What is my Atlanta workers’ compensation case worth?
- Can I get workers’ compensation if I develop an illness from my job?
- How do I find the right Atlanta workers’ compensation attorney?
- Why should I hire an Atlanta workers’ compensation lawyer?
What do I do if I’ve been hurt on the job?
If you’ve been injured on the job, you should:
- Report the incident to your employer. Tell your manager or HR, not a coworker.
- Get to a doctor as soon as you can (often in an urgent care setting) and follow your doctor's instructions.
- Start and keep a written record of your injury and symptoms.
- Take photographs of your injury, if visible.
- File a workers' compensation claim with the assistance of a workers’ compensation attorney.
- Rest and recuperate.
What important facts should I know about Georgia’s workers’ compensation laws?
Understanding Georgia’s workers’ compensation laws is important for protecting your rights after a workplace injury. Here are some key facts:
- Georgia employers with three or more employees are required to carry insurance that covers your medical bills and a percentage of your wages when a workplace accident or injury leaves you unable to work.
- The spouse or dependent children (if no spouse) are entitled to compensation if a worker is killed in a workplace accident.
- Workers’ compensation benefits apply to any injury that took place on the job, whether you were at your place of work or off-site. Your regular commute generally doesn’t count, but if you have to travel to a client’s property or other location as part of your job duties, that does count.
- You aren’t limited to seeing the company doctor: you have a legal right to an examination with a doctor of your choice.
These rules ensure workers have access to essential support, but navigating the system can be complex. Consulting with an experienced workers’ compensation lawyer can help you secure the benefits you deserve and avoid unnecessary delays or disputes.
What types of injuries qualify for workers’ compensation in Georgia?
Workers’ compensation in Georgia covers a broad range of injuries and illnesses that occur in the course of your employment. It’s important to understand which injuries are eligible so you can access the benefits you need to recover. Qualifying injuries include:
- Traumatic Injuries: Fractures, sprains, or dislocations from slips, falls, or other workplace accidents.
- Repetitive Stress Injuries: Conditions like carpal tunnel syndrome caused by repetitive motions over time.
- Occupational Illnesses: Diseases caused by workplace exposure, such as respiratory conditions from inhaling toxic substances.
- Burns and Electrocution Injuries: Resulting from working with electrical equipment, chemicals, or open flames.
- Hearing and Vision Loss: Caused by loud environments or exposure to harmful chemicals.
- Mental Health Issues: Stress-related conditions may qualify if directly linked to your work environment or a traumatic event at work.
Understanding whether your injury qualifies is the first step toward obtaining benefits. Consulting a workers’ compensation lawyer ensures your claim is filed correctly and that your injury is properly categorized for maximum coverage.
Can I receive compensation if my loved one died in a workplace accident in Atlanta?
Yes, Georgia’s workers’ compensation laws provide death benefits to surviving family members of workers who die in a workplace accident. These benefits typically include coverage for funeral and burial expenses and partial wage replacement to support dependents. The claim must be filed within one year of the worker’s death. An experienced Atlanta workers’ compensation attorney can help you navigate this process and ensure you receive the full benefits you deserve.
What if my employer denies my workers’ compensation claim?
If your employer or their insurance company denies your workers’ compensation claim, you have the right to appeal the decision. Common reasons for denial include disputes about whether the injury occurred at work or whether it was reported on time. A lawyer can review your case, gather evidence to support your claim and represent you in hearings before the Georgia State Board of Workers’ Compensation. Having legal representation increases your chances of successfully overturning the denial.
What medical treatment does workers’ compensation cover in Georgia?
Medical treatment is often the largest expense after a workplace injury, and workers’ compensation aims to cover all necessary care to help you recover. Georgia law provides coverage for:
- Emergency Care: Initial treatment following an accident, including ambulance rides and ER visits.
- Doctor Visits: Ongoing consultations with authorized healthcare providers.
- Surgeries: Necessary procedures to repair injuries or address complications.
- Rehabilitation Services: Physical and occupational therapy to regain strength and mobility.
- Prescriptions: Medications prescribed to manage pain or aid recovery.
- Medical Equipment: Items like crutches, wheelchairs, or prosthetics.
- Travel Expenses: Reimbursement for travel to and from medical appointments.
It’s essential to choose a doctor from your employer’s approved list to ensure coverage. If you’re unsure whether a treatment qualifies, a workers’ compensation attorney can help advocate for the care you need.
How long does it take to receive workers’ compensation benefits in Atlanta?
Georgia law requires employers or their insurers to begin paying workers’ compensation benefits within 21 days of an approved claim. However, delays often occur if there are disputes or missing documentation. If your benefits are delayed, a workers’ compensation lawyer can intervene to expedite the process and ensure you receive the compensation you need promptly. Acting quickly after an injury helps avoid unnecessary delays.
Can I get both workers’ compensation and Social Security Disability benefits?
Yes, in Georgia, you can receive both workers’ compensation and Social Security Disability benefits (SSDI), but the total amount you receive may be reduced based on the circumstances of your injury or illness. Workers’ compensation benefits are designed to provide temporary support, while SSDI addresses long-term disabilities. A lawyer can help you coordinate these benefits to maximize your financial recovery while ensuring compliance with all applicable rules and limits.
What if I was partially at fault for my workplace accident?
Georgia’s workers’ compensation system is no-fault, meaning you can still receive benefits even if you were partially at fault for your injury. Unlike personal injury claims, fault does not typically impact your eligibility for workers’ compensation benefits. However, if negligence by a third party contributed to your injury, you may be able to pursue additional compensation through a separate claim. A skilled attorney can help you explore all available options.
What should I do if my employer retaliates after I file a workers’ compensation claim?
Retaliation by an employer after filing a workers’ compensation claim is illegal under Georgia law. If you experience retaliation, it’s crucial to take action immediately. Common forms of retaliation include wrongful termination, reduced hours, or workplace harassment. Here’s what you can do:
- Document the Retaliation: Keep records of any incidents, including emails, text messages, or verbal statements.
- Report the Behavior: Notify your employer in writing of the retaliation.
- File a Complaint: Submit a formal complaint with the Georgia State Board of Workers’ Compensation.
- Seek Legal Representation: An attorney can help protect your rights and hold your employer accountable.
Standing up to retaliation can feel overwhelming, but a skilled workers’ compensation attorney can guide you through the process and ensure your rights are upheld.
Can I sue my employer?
In most cases, you won’t be able to sue your employer for a work injury because workers' compensation follows a no-fault system. That means injured employees can get paid part of their wages and medical benefits, regardless of who’s responsible for their injuries, in exchange for not suing the employer. In other words, the workers' comp law protects your employer, while allowing you to collect benefits while you’re injured and out of work.
If somebody other than your employer, known as a third party, was responsible for your work injury, you might be able to pursue a lawsuit against that third party to recover compensation for your damages. The potential compensation for your bodily injury in a negligence lawsuit can be significantly greater than the wage loss and medical benefits afforded by workers' compensation insurance. For instance, if your injury causes chronic or severe pain, you may be able to get compensation for your pain and suffering through a third-party claim, whereas that is not available via workers’ compensation.
It is strongly suggested that you speak with a workers’ compensation lawyer. Most offer free case evaluations and work on a contingency fee basis.
What is my Atlanta workers’ compensation case worth?
The value of an Atlanta workers’ compensation case depends on factors like the severity of your injury, the cost of medical treatment, and your lost wages. On average, workers’ compensation benefits in Georgia include two-thirds of your weekly wages and coverage for medical expenses. Settlements vary widely, but many cases resolve for tens of thousands of dollars, with severe or permanent injuries often resulting in higher payouts. In general, Georgia workers' comp will pay for:
- Your medical expenses (with authorized treating physicians) for all reasonable and necessary treatment, including diagnostic procedures such as X-rays as well as surgery, medication, and other treatment. There are no co-pays or deductibles; the workers’ compensation insurance company should pay every cent of every hospital bill.
- Any rehab costs, such as occupational or physical therapy.
- Any necessary travel expenses related to treatment of your injury, ranging from an ambulance ride to mileage to and from follow-up appointments.
- Your income loss replacement benefit, which will be two-thirds of your average weekly wage (with a cap of $800 per week) to cover your period of temporary disability.
- Permanent Partial Disability (PPD) – an additional sum of money if the authorized treating physician issues a disability rating in compliance with the American Medical Association Guidelines
Consulting an experienced workers’ compensation lawyer can help you estimate your case's worth and maximize your benefits.
Can I get workers’ compensation if I develop an illness from my job?
Yes, Georgia workers’ compensation covers occupational illnesses as long as they are directly related to your job. Proving the connection between your illness and workplace exposure is often the most challenging part of the process. Commonly covered illnesses include:
- Respiratory Diseases: Caused by exposure to harmful substances such as asbestos, silica, or mold.
- Skin Conditions: Resulting from exposure to irritants or hazardous chemicals.
- Repetitive Motion Illnesses: Conditions like tendinitis or bursitis from repetitive tasks.
- Toxic Exposure Illnesses: Diseases caused by contact with toxic substances, such as lead poisoning or chemical burns.
- Infectious Diseases: Certain illnesses contracted in healthcare or other high-risk environments.
If your employer disputes the work-related nature of your illness, having a workers’ compensation attorney on your side can be critical in presenting evidence and securing the benefits you need.
How do I find the right Atlanta workers’ compensation attorney?
The right lawyer is the one with experience and dedication. At Gary Martin Hays & Associates, we’ve handled all types of claims on behalf of injured workers. We can help you file your workers' compensation claim in a manner that puts the facts and the law squarely on your side.
In our decades of experience helping Georgia families, we have become familiar with the tactics employers and their insurance companies will use to deny claims submitted by injured workers. Reasons for rejecting claims include:
- Insurance company disputes whether the injury was really work-related.
- Employer and insurance carrier claim that the injury is not serious.
- Employee is accused of faking an injury.
- Employee is told they cannot select their own doctor for a second opinion.
- Employers discourage workers from consulting a workers' compensation lawyer, suggesting it would lead to a denial of benefits.
We work with doctors and insurance companies to obtain our clients' benefits in a timely and efficient manner. We know how to appeal denied claims and fight hard for the benefits you deserve. When we handle workers' compensation cases, we pursue all the benefits our clients are entitled to under Georgia law. We take care of the paperwork while you focus on getting better.
Why should I hire an Atlanta workers’ compensation lawyer?
Navigating a workers’ compensation claim can be confusing and stressful, especially when you’re dealing with a work-related injury or illness. Hiring an experienced workers’ compensation attorney offers numerous advantages, such as:
- Understanding the Law: A lawyer can explain Georgia’s workers’ compensation laws and ensure you follow all required steps.
- Maximizing Benefits: Attorneys know how to calculate the full value of your claim, including medical expenses, lost wages, and additional benefits.
- Proving Liability: They can gather evidence to prove your injury or illness is work-related, especially in disputed cases.
- Handling Insurance Companies: Lawyers can negotiate with insurers to counter lowball offers or denied claims.
- Filing Appeals: If your claim is denied, an attorney can represent you during appeals and hearings.
Hiring a workers’ comp lawyer is not just about filing paperwork — it’s about protecting your future and ensuring you don’t leave money on the table. A skilled attorney can make the process smoother and help you focus on recovery while they handle the legal details.
Atlanta Attorneys Experienced in Workers' Compensation Cases
Based in Atlanta, Gary Martin Hays & Associates has recovered over $1 billion for Georgia workers and families. If you were hurt at work, contact us for a free consultation to learn how we can help you secure the maximum compensation you deserve. Contact us at (770) 934-8000 for immediate workers’ compensation assistance. Whether your work injury was caused by lax safety standards or a third-party contractor, we are ready to meet with you and discuss your options. Let us answer your questions and help you get the medical care and financial support you need.
We know this is a stressful time. Get a lawyer and legal team in your corner who’s ready to fight for your peace of mind every step of the way.
Get the Lawyer Who Wrote the Book on Georgia Workers’ Compensation Claims
With decades of experience helping injured workers in Georgia, Attorney Gary Martin Hays has written The Authority on Workers’ Compensation Claims in Georgia to make the legal process clearer and more accessible. This guide provides straightforward, actionable advice to help injured workers understand their rights, maximize their benefits, and avoid costly mistakes when filing a claim.
Download your free digital copy of this invaluable resource today.
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