Personal Injury Lawyer Atlanta, Georgia
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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.

What do I do if I’ve been hurt on the job?

If you’ve been injured on the job, you should:

  1. Report the incident to your employer. Tell your manager or HR, not a coworker.
  2. Get to a doctor as soon as you can (often in an urgent care setting) and follow your doctor's instructions.
  3. Start and keep a written record of your injury and symptoms.
  4. Take photographs of your injury, if visible.
  5. File a workers' compensation claim with the assistance of a workers’ compensation attorney.
  6. Rest and recuperate.

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?

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 $575 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

Attorneys experienced in workers' compensation cases

The law firm of Gary Martin Hays & Associates has handled all types of claims on behalf of injured workers, so we know how construction accidents or work-related back injuries can turn your life upside-down. 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 years of experience, 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 he cannot select his 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.

Facts about Georgia workers' compensation law:

  • 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.

Some workplace injuries involve a third-party claim if someone besides your employer created the workplace hazard (such as a sub-contractor on a construction site, a maintenance contractor at a factory, etc.). Regardless of how your workplace injury occurred, we are ready to meet with you and discuss your options. Let us answer your questions.

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