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Savannah, GA Workplace Injury Lawyer

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On average, around 75,000 injuries occur on the job in the state of Georgia each year, according to the Georgia Occupational Health Surveillance Report. Many injured workers are unsure about what they should do after they become injured, which puts their legal rights at risk. In order for an injured worker to recover full and fair compensation, they need to be able to protect their rights.

If you have been hurt on the job at your workplace, there is a dedicated group of legal professionals with years of experience working with workers’ compensation claims who can help. The Eichholz Law Firm, located in Savannah, GA, will ensure that all of your deadlines are met, your forms are handled properly, and your case is negotiated productively with the insurance company so you will get the best possible result.

What Savannah, GA Workers Should Do After Being Injured

If you become injured on the job, your immediate supervisor must be notified immediately. The requirements for reporting injuries will vary from state-to-state. You may end up forfeiting your right to file a workers’ compensation claim if you do not report your illness or workplace injury within Georgia’s mandated time frame.

After you have notified your employer, they must make sure you receive medical attention. They must also file a claim with Georgia’s workers’ compensation board and notify their insurance company.

Workers’ Compensation in Savannah, GA

Workers’ compensation benefits cover all necessary medical expenses for diagnosing and treating workplace illnesses or injuries, including doctor’s visits, prescription medications, surgery, and medical equipment. If an employee is unable to return to the job they held prior to their injury, they are also entitled to receive vocational rehabilitation benefits.

Workers’ compensation reimburses employees for any lost wages they will incur while they are off work, which is usually two-thirds of an employee’s weekly paycheck.

Savannah workers may be entitled to four different kinds of disability benefits:

Permanent Partial Disability: If an employee suffers a partial or complete loss of a particular bodily function, or an injured body part partially impacts their work abilities, they may qualify for permanent partial disability benefits.

Permanent Total Disability: If an employee becomes permanently and entirely disabled and is no longer able to work, they may qualify for permanent total disability benefits.

Temporary Partial Disability: If an employee can still perform light job duties until they are able to return to the same level of employment they once had, they may qualify for temporary partial disability benefits.

Temporary Total Disability: If an employee is only off work for a short amount of time, they may qualify for temporary total disability benefits.

Death Benefits: if an employee is killed on the job, this can be a loss of financial support for a family that is struggling to make ends meet. The employee’s family may qualify for death benefits as compensation for the lost income.

Contact our worker’s compensation lawyers in Savannah, GA for help with your claim.

When You Should Hire a Savannah, GA Workplace Injury Lawyer

If your injuries result in permanent disability, necessitate extensive medical care, are not entirely work-related, or involve long periods of time off the job, you should contact an attorney right away.

The following are some examples that require the assistance of an experienced workplace injury lawyer in Savannah, GA:

  1. Your claim has been denied. Workers’ compensation claims are often denied by insurance companies for many reasons. The workers’ compensation system can help you appeal the denial. While the appeals process is different in every state, it requires you to fill out formal paperwork, gather evidence through the use of legal tools, and be able to present your case at a workers’ compensation hearing.
  2. The insurance company tries to dispute your permanent disability rating. Most workers’ compensation awards and settlements are generally for permanent disability benefits, which are calculated based on a person’s disability rating. If your doctor assigns you a rating that the insurance company doesn’t agree with, you may have to participate in an independent medical examination (IME) with one of their doctors. A lawyer can convince a judge that you are entitled to receive a higher rating, and also get you a fair settlement.
  3. You have a preexisting condition or injury. You will face a tough battle with the insurance company if the same body part has a preexisting condition or injury and becomes injured again on the job. The insurance company will attempt to blame your injury on a previous condition or injury, instead of what happened on the job.
  4. You can’t get the treatment you need. Insurance companies may delay or attempt to deny approval for expensive medical procedures, including surgery. A Savannah, GA workers’ compensation lawyer can pressure the insurance company to approve required medical procedures timely and quickly.
  5. You are no longer able to work because of your injury. If you are unable to work again due to your injury, your workers’ compensation benefits will need to be structured and maximized in such a way so that they will continue to last into the future. In order to get a job performing a new line of work, you will need to secure training. A lawyer can help you get the training and benefits you need.
  6. You are receiving government benefits. If you already receive Social Security Disability Insurance benefits (SSDI), they will likely be reduced after you start receiving workers’ compensation benefits. An attorney can minimize your reduction in SSDI benefits so you will still have enough money to cover all of your expenses. An attorney can also help you set a portion of your workers’ compensation aside for future medical care if you are eligible to receive Medicare.
  7. You have to attend a workers’ compensation hearing. If the insurance company makes a low-ball settlement offer or refuses to settle your case altogether, you will need to present your case at a hearing. These hearings are similar to a mini-trial, which is why you should have a Savannah, GA workplace injury lawyer representing you.

Workplace Accident Laws in Georgia

Because Georgia’s statutory system is considered no-fault, you can still receive benefits even if you somehow contributed to your own injuries. If you are a W2 employee in the state of Georgia, you are required to receive workers’ compensation insurance by law. This does not apply to independent contractors.

With limited exceptions, public and private employers in Georgia must offer workers’ compensation benefits to their employees if there are three or more full or part-time employees, including family members.

The partial list below contains a list of the industries that are exempt from providing mandatory coverage under the Georgia Workers’ Compensation Act:

  • Independent contractors
  • Domestic servants
  • Farm laborers
  • U.S. Government Agencies
  • Railroad carriers

If an employee becomes injured on the job, the company must investigate the injury as soon as possible, according to the Georgia Department of Labor. Information about the accident should be gathered and shared with the insurance company at their discretion. The employer must also inform their insurance company of any injuries their employees sustained, even if they are minor, according to Georgia law.

Georgia Workers’ Compensation Disability Benefits

Georgia Code § 34-9-220 says that your work injury must prevent you from being able to work for at least 7 days in order to receive disability benefits.

You can receive temporary total disability benefits (TTD) while you are receiving treatment and are unable to work. These benefits cover two-thirds of what you were making prior to your injury, up to $675 a week. You are not eligible to receive TTD benefits for longer than 400 weeks, but most employees recover long before that.

If you are forced to take a lower-paying position due to your injury, you may be able to receive weekly benefits covering two-thirds of the difference between your current and former job’s wages. If you are fully disabled due to your injury, a physician will evaluate you to see if you may be eligible to receive permanent disability benefits, which will be paid out to you for the rest of your life.

Call Our Savannah, GA Work Injury Lawyers Today

Workers’ compensation laws are intended to provide injured employees with immediate relief, but the long, complicated claims process can be quite stressful.

If you have been injured on the job and need to file a claim, our workers’ compensation lawyers in Savannah, GA  are here to assist you. We will help you file all of the required forms necessary for your claim and make sure that all of your deadlines are met. We will represent you in any hearing, and conduct productive negotiations with the insurance company. Our attorneys will also represent you in a trial or hearing if you are unable to agree on a fair settlement.        

Our qualified team of attorneys at The Eichholz Law Firm can offer you the legal assistance you need. Contact us today for a free consultation. Our office is located at 319 Eisenhower Dr., Savannah, GA.

Please seek the advice of a medical professional before making health care decisions.
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