Riverdale Workers’ Compensation Lawyer
Workplace injuries are all too common in today’s fast-paced world. When employers fail to consider their employee safety adequately, it puts lives at stake, often resulting in debilitating injuries with life-long consequences.
Fortunately, a personal injury attorney could help an injured employee navigate the system that compensates people injured on the job. A Riverdale workers’ compensation lawyer can assist you through the difficult laws and deadlines, and help you get the compensation you may deserve if you suffered a workplace accident.
What is Workers’ Comp?
Workers’ compensation is a type of insurance that compensates someone injured while performing their job. A workers’ compensation claim is possible if the worker contributed to the injuries. However, filing this claim forfeits an employee’s right to sue their employer directly, therefore, protecting the employer from tort liability.
Under the Georgia State Board of Workers’ Compensation, businesses with three or more employees must carry workers’ comp insurance, and benefits are available to both part-time and minor employees.
Third-Party Liability
While filing a workers’ comp claim would bar a separate lawsuit against an employer, it is possible to file a civil suit against a third party whose negligence contributed to or caused the injury.
Some examples of third-parties who could be liable in these situations may the manufacturer of a defective product, an owner of a property, or another driver involved in an accident.
Filing for Benefits
An injured employee may be entitled to various benefits, depending on the severity of their injuries and total losses. These benefits may include:
- Medical benefits – with limits on which doctors are permitted
- Income benefits – for workers who miss seven or more days due to the injury
- Death benefits – available to dependents of the deceased
An injury that occurs in the workplace must be reported to the employer within 30 days of the injury to ensure that benefits are available. The employer is required to file an Occupational Disease form or a First Report and may face civil penalties for failing to do so.
When an employer fails to file a report for workers’ comp, a claim can be filed with the State Board by the employee within one year of the accident. If an employer made it difficult to file a claim, a consultation with a workers’ compensation attorney in Riverdale could evaluate any additional steps required to receive adequate benefits.
Appealing a Denied Claim
The State Board informs injured workers if their claim has been denied. Following a denial, a claimant may request a hearing to appeal this decision. This hearing allows an injured employee the opportunity to present evidence in defense of the claim. Testimony is allowed from experts, relevant witnesses, and the claimant themselves.
A claimant must file a formal appeal with the State Board of Workers’ Compensation Appellate Division within 20 days. A Riverdale lawyer could help a workers’ comp claimant through the appellate process if an insurance company denied them benefits.
Speak with a Riverdale Workers’ Compensation Attorney
Filing a workers’ compensation claim can be complex and time-consuming. Additionally, numerous filing deadlines must be met to ensure that you have access to benefits. If you feel you have a valid claim or need help appealing a decision, contact a Riverdale workers compensation lawyer. Schedule a case consultation today, and an attorney at our firm can evaluate your situation.
