Workers’ comp settlement can be a simple and straightforward matter – or a stressful court battle whereby you’ll need an experienced and reputable spinal cord injuries attorney Atlanta to fight for you to get the compensation that you deserve. Call us today at (470) 268-5802 If you were injured at work and want to file a claim for workers’ compensation benefits.
Spinal Cord Injuries Attorney
Spinal Cord Injuries Attorney: How Do Workers’ Comp Settlement Work? What You Need To Know.
Workers’ comp settlement can be a simple and straightforward matter – or a stressful court battle whereby you’ll need an experienced and reputable spinal cord injuries attorney Atlanta to fight for you to get the compensation that you deserve. Read on to learn what is involved, how settlements are calculated, and ways to reach an agreement.
How Workers’ Comp Settlements Are Reached
If a worker is fully recovered and back to work with no outstanding bills or unpaid benefits, the claim can simply be closed.
In many states, closing a claim involves a settlement negotiated between the insurer and the injured worker, often through his/her workers’ compensation attorney. (And if the parties can’t reach an agreement, a judge will need to decide after a hearing.)
The settlement process typically begins with an offer from the insurance company and employer. This may include payment for unpaid benefits or medical bills, as well as costs of future treatment. If an injury leaves a worker permanently impaired, he/she may also be entitled to a disability award to compensate him/her.
A work-related injury settlement can be either a lump sum or a structured payment plan:
- Lump-sum payment – The injured employee receives a one-time payment for all medical costs and benefits under the claim. Depending on the state, the injured worker may have to agree not to seek any future reimbursement for the injury.
- Structured payment – The injured employee will receive regular payments over a specified period. They may include a separate medical account to pay for future medical care.
Before a settlement is reached, you and your attorney calculate what you think the workers’ comp payout should be. It should be enough to cover previous medical bills and the costs of any future medical care. The settlement should factor in:
- Balances on medical bills, including ambulance rides
- The likelihood of future treatments, such as physical therapy or surgery
- Lost wages or future wage loss
- Temporary or permanent disability payments
- Attorney fees
- State workers’ comp laws and limitations
Once the calculation is finalized, your spinal cord injuries attorney Atlanta will negotiate with the insurance company. Typically, the final settlement is a compromise between the two parties.
In some states, a judge must review the proposed settlement before it is finalized. The judge will consider whether it is fair to the employee, but it is always helpful for you to have an experienced workers’ comp lawyer to protect your interests.
Your role is minimal during settlement negotiations if you have an attorney to represent you and negotiate on your behalf. But, still, keep the lines of communication open and stay updated on progress.
Settlements may take weeks or months to hammer out. During this time, be sure you know your return-to-work options. Injured workers who’re kept informed and know their options are less likely to sue.
If the insurer and your attorney can’t reach a settlement, then the matter will likely head to court for a hearing. And that can be a bit of a gamble for both sides. It will now be upon the court to decide which benefits you deserve based on the merits of your case.
Denied Workers Compensation Claims
Learn about some of the common reasons for denials of workers’ compensation claims – and what you can do about it.
If you were injured on the job or developed a medical condition because of your work—such as lung disease from exposure to toxic chemicals or a cumulative trauma like a repetitive strain injury (RSI)—you are no doubt hoping to be eligible for workers’ compensation benefits.
But what can you do if your claim has been denied? The answer could depend on the reasons for the denial.
Common Reasons for Denial of Workers’ Comp Claims
Sometimes, employers or their insurance companies often look for any possible reason to deny workers’ comp claims. Of course, that reason should be a valid one under the law. There are several common reasons for claim denials, including:
- Missed deadlines – To receive workers’ comp benefits, you should report your injury or illness to your employer right away. After that, you generally need to file a workers’ comp claim with the state agency (although in some states, your employer or the insurance company will take care of this step after you have notified them of your injury). States have different time limits for reporting injuries and filing claims. For instance, Georgia law requires injured workers to notify their employer within 30 days of the date of injury. If you miss the deadlines, your claim will probably be denied. In some states, you will not be penalized for missing the reporting deadline (by not giving your employer written notice of the injury), as long as your supervisor actually knew that it happened. Still, your claim must be filed in time.
- Disputes about whether the injury is work-related – Your employer may say that you weren’t working when you were injured, that you were involved in some kind of misconduct at the time, or that your current medical condition isn’t actually a result of a workplace accident or exposure. Whatever the reason for the dispute over whether your injury or illness is work-related, you’ll need to gather evidence to support your claim and hire an experienced, reputable, and dedicated spinal cord injuries attorney Atlanta to help you build a strong case. Maybe you need witness accounts about the circumstances of the accident. Or you may need more medical evidence. If your treating doctor has already attributed your condition to your work, but the insurance company disagrees, you may need to attend an independent medical examination to get another doctor’s opinion.
- Your condition doesn’t meet state guidelines – The law in your state may have special restrictions on workers’ comp claims for cumulative trauma or psychological conditions. Some states rule out workers’ comp benefits for illnesses caused by long-term emotional stress at work. Or your injuries might not be severe enough to meet the requirements for a workers’ comp claim in your state.
- You filed the claim after you left your job – Insurers usually deny claims that were filed after the employee was fired, laid off, or quit. But you might have had a good reason for the delay. Maybe you reported the injury while you were still at the job, or you were injured in the period after you gave (or were given) notice but before your last day. Or maybe you were fired in retaliation for reporting a workplace injury (which is illegal). Some states have special rules for workers’ comp claims filed after you left your job. If you qualify for one of the exceptions in your state’s law, you may be able to contest the denial.
What to Do When Your Workers’ Comp Claim Is Denied
You shouldn’t give up your right to workers’ comp benefits just because your claim was initially denied. First, look closely at the letter telling you that your claim was denied. It will probably include the reasons for the denial.
If you think it was simply a matter of mistaken paperwork or something similar, you might consider contacting the claims adjuster to see if you can clear up the issue. But this route isn’t likely to be successful unless your employer or the insurance company made a bona fide mistake and admits it. More likely, you will have to consider appealing the denial.
Appealing a Workers’ Comp Claim Denial
The letter you received may include information about how to appeal the denial of your claim. If so, read it carefully. The appeals process varies in each state. Often, the first level of appeal will be at a hearing before an administrative law judge, where you will have to present medical and other evidence to support your claim. The hearing can be through a state labor department or a state board of workers’ compensation. There are additional levels of appeal beyond the initial administrative levels as well, which vary depending on the state.
When You Need a Lawyer
Unless your claim was denied due to a simple mistake that was immediately cleared up, it would be smart to reach out to a workers’ comp lawyer as soon as possible. An attorney can help you determine whether an appeal would be the best course of action for you. The timelines for workers’ comp appeals are short and strict, and you don’t want to lose your rights to benefits just because you missed a deadline.
Before you consider filing an appeal yourself, you should definitely talk to a spinal cord injuries attorney Atlanta. Appeals are complicated legal processes, involving rules of evidence and civil procedure that the judge will expect you to know. If you don’t win at the initial levels, you may not be able to present additional evidence later in the process.
One of the reasons that many injured employees lose their appeals is because they didn’t have an experienced workers’ compensation attorney at their side to help them prepare a strong case. Also, most workers’ comp lawyers charge only a percentage of the benefits you receive, so it won’t cost you anything unless you win.
Spinal Cord Injuries Attorney
If you were injured at work and want to file a claim for workers’ compensation benefits, or perhaps your claim was denied and you want to appeal, contact Bobe & Snell Law Office LLC to speak to one of our experienced workers’ comp attorneys and find out how we will help you.
Call us today at (470) 268-5802 or get in touch with us online for a free, no-obligation consultation/case review.
Spinal Cord Injuries Attorney
To be eligible for workers’ compensation benefits in Atlanta, an employee must be injured in an accident that: Arises out of the employment, and Arises in the course of employment. Call us today at (470) 268-5802 or fill out our online contact form to schedule a free, no-obligation consultation and case review.
Under Georgia law, nearly all businesses with 3 or more employees must carry workers’ compensation insurance coverage. Certain types of employment, such as railroad carriers, independent contractors, farm laborers, and domestic servants, are exempt. Call us today at (470) 268-5802 We are happy and more than ready to fight hard for you to ensure you get the justice.
Auto Accident Lawyer No Injury
Auto Accident Lawyer No Injury: Injured in A Work-Related Auto Accident? We Can Help.
When you have been hurt in a car accident, it is easy to get caught up in the day-to-day stress of trying to get your life back on track. You’re juggling doctor visits, arranging for rides, figuring out how long you will be out of work, and struggling to make ends meet. The stress and frustration can quickly become overwhelming. That is why we, at Bobe & Snell Law Office LLC, understand that auto accident victims go through a lot, and we are here to help. If you have been injured in a car crash, our experienced, reliable, and dedicated auto accident lawyer no injury Atlanta can help you file a claim to seek compensation for the damages you have suffered. We will fight hard to ensure the at-fault party is held responsible and you get the justice and compensation that you deserve. Contact us today at (470) 268-5802 for a Free, No-Obligation Case Review.
What to Do After a Work-Related Car Accident in Atlanta
There are certain steps you should take following an off-work car accident. But what happens if a car accident occurs while you are on the job?
In Georgia, nearly half of all occupational injuries are the result of transportation accidents. Fortunately, workers injured while driving on the job may be able to receive workers’ compensation benefits.
However, workers need to take certain steps following a motor vehicle accident to put themselves in a better position to receive compensation. Keep in mind that on-the-job car accident cases/claims can be complex to resolve.
Georgia’s Workers’ Compensation Act
Workers’ compensation coverage is accident insurance paid by the employer which provides benefits that cater for the medical expenses and lost wages of the employees who are injured while on the job.
Under Georgia law, nearly all businesses with 3 or more employees must carry workers’ compensation insurance coverage. Certain types of employment, such as railroad carriers, independent contractors, farm laborers, and domestic servants, are exempt.
Workers who are eligible for workers compensation benefits may receive:
- Medical benefits (medical bills related to the injury)
- Disability benefits (lost wages)
- Mileage reimbursement
- Vocational rehabilitation
- Death benefits
What If You’re Injured While Driving?
To be eligible for workers’ compensation benefits in Atlanta, an employee must be injured in an accident that:
- Arises out of the employment, and
- Arises in the course of employment.
The term “arises out of the employment” simply means that there is a connection between the work required to be performed and the resulting injury. For example, if you injure your neck in a truck accident while delivering goods for your employer, your injury arose out of your employment.
On the other hand, if you have a heart attack while delivering goods for your employer, your injury did not arise out of your employment. Rather, your injury was caused by something that would have occurred apart from your employment.
The term “arises in the course of employment” simply means that the injury occurs:
- Within the period of employment,
- At a place where the employee may reasonably be in the performance of their duties, and
- While the employee is fulfilling those duties or engaged in something connected with those duties.
For example, if you are transporting goods for your employer and you are injured in an auto accident, your injury “arises in the course of employment.” Similarly, if you are injured while driving in the parking lot of a gas station, the injury is likely covered because getting gas is “connected” to your work duties.
On the other hand, if you are transporting goods for your employer and take an unscheduled detour to your house to pick up your phone, any accident you are involved in on the way to your house is unlikely to be covered.
As you can see, on-the-job auto accidents can be quite complex and some things can easily jeopardize your claim. Therefore, you will need a very good and experienced Atlanta auto accident lawyer no injury to help you to get every detail right, and more importantly, build a strong case and offer compelling legal arguments and representation. That way, you will stand a good chance of getting a fair settlement.
What Steps Should You Take After A Work-Related Auto Accident?
Immediately following a work-related motor vehicle accident, there are certain crucial steps (some obvious, some not so obvious) that you should take to increase your chances of filing a successful claim to receive workers’ compensation benefits.
Step 1: Seek Emergency Medical Treatment If Necessary
Your health should be your top priority. If you are injured in a motor vehicle accident, call 911 or ask someone else to do it.
If you are worried about the fact that you have not filed a workers’ compensation claim yet, don’t be. Assuming your workers’ compensation claim is ultimately approved, the insurance will cover injury-related medical expenses incurred before you filed your claim.
Step 2: Call the Police
Even if the car accident appears minor, call the police. The police account will become part of the record and a police report will help bolster your workers’ compensation claim.
Step 3: Gather Information
If it is safe to do so, gather as much information about the accident as you can. This should include:
- Photographs of the scene and any damages
- Contact information for the other driver(s) involved in the accident
- Contact information for any witnesses to the accident or the aftermath
This information along with the evidence which your Atlanta auto accident lawyer no injury will gather after conducting further investigations will be vital for building a strong case for you so that you stand a good chance of getting the compensation that you deserve.
Step 4: Report the Accident to Your Employer
Report the car accident to your employer (boss, supervisor, or foreman) as soon as possible; though we highly recommend you do it immediately. In Georgia, you risk voiding your claim and losing benefits if you wait longer than 30 days before notifying your employer.
Step 5: Ensure You Follow Company Policies for Reporting Accidents
Most companies (especially commercial trucking companies) have certain policies that must be followed after an accident. Though you may be distracted with your workers’ compensation claim, be sure to follow your work protocol.
Step 6: Consult With Physicians Specified By Your Employer
Your employer is required to post information identifying approved medical care providers. Find this information (or ask your employer for it) and make an appointment to be examined.
It is important to consult with a doctor even if you don’t think you are injured, as some symptoms don’t show up for days or even weeks after the injury.
Step 7: File Your Workers’ Compensation Claim
In Georgia, you must obtain and file a WC-14 from the State Board of Workers’ Compensation. This must be done within 1 year of the accident.
Step 8: Keep Track of All Medical Expenses
To ensure you are adequately compensated for all of your injuries, it is important to keep meticulous records following your work-related car accident. Be sure to keep copies of all your medical records and keep a pain journal to document the effect of the injury on your daily life.
Step 9: Follow All Treatment Plans
Be sure to follow your doctor’s instructions and advice. If you fail to do so, you risk losing some or all of your benefits.
Step 10: Contact an Experienced Workers’ Compensation Attorney
If you are feeling overwhelmed at any point throughout this process, or if you simply want to make sure you get all the benefits you deserve, contact an experienced workers’ compensation attorney.
Injured in A Work-Related Auto Accident? Contact Us Today
If you have been injured in a car accident while on the job, you may be entitled to workers’ compensation benefits. An Atlanta auto accident lawyer no injury at Bobe & Snell Law Office LLC can help you file a claim to seek compensation for your injuries.
Auto Accident Lawyer No Injury
We are happy and more than ready to fight hard for you to ensure you get the justice and compensation benefits that you deserve following your work-related car accident.
Call us today at (470) 268-5802 or fill out our online contact form to schedule a free, no-obligation consultation and case review.
Auto Accident Lawyer No Injury
A competent Workers Auto Accident Claims attorney, Alpharetta can address light duty work issues, ensure that the workers’ compensation physicians treat you fairly and provide you with the treatment you require. Call us today at 470.268.5802 If you have suffered work-related auto accident injury.
If you feel you’re being asked to go back to work before you’re capable or your employer is not abiding by the light duty restrictions issued by your doctor, you’ll need a Workers Auto Accident Claims attorney to help you resolve these issues with your best interests at heart. If you have suffered work-related auto accident injury, contact Bobe & Snell Law Office LLC for help. Call us today at 470.268.5802 or use our online contact form to schedule a free consultation.
Workers Auto Accident Claims
Can I Get Workers Auto Accident Claims?
When you think of Workers Auto Accident Claims, you probably think of an employee who has been injured in a fall or a worker injured by machinery. What about a worker or an employee who has been injured in an auto accident? Although this might not fit the bill of the typical workers’ compensation injury, injuries caused by an auto accident may in some circumstances be eligible for workers’ compensation. A reliable and experienced Workers Auto Accident Claims attorney, Alpharetta from Bobe & Snell Law Office LLC can help you to evaluate and determine if your work-related auto accident injury qualifies for workers’ compensation.
When does an auto accident injury qualify for workers’ compensation? Here are some things to consider:
Workers’ compensation allows employees who’re injured at work to recover lost wages, medical expenses, and seek other compensation. However, workers’ comp benefits only extend to employees who have suffered work-related injuries.
Work-related injuries include injuries sustained at a workplace. However, they may also include injuries that an employee suffers away from his or her place of work while performing a job-related task. This can include an auto accident that occurs while an employee is engaged in a job-related task such as:
- Running a work-related errand
- Making a delivery
- Travel for which the employee is compensated by his or her employer or
- Driving another employee for work-related purposes
Furthermore, employees whose vehicles serve as their office or whose jobs are based on driving may show that their auto accident occurred while engaged in a work-related task. Auto accidents that occur on a worker’s own time, including transport to and from work or during a meal break, aren’t considered work-related.
What If You Were at Fault?
Unlike auto accident injury cases in civil courts, workers’ compensation is a no-fault system. It means that an employee will still be allowed to claim workers’ compensation even when he or she is responsible for causing his or her injuries.
However, Workers Auto Accident Claims doesn’t cover accidents that occur when an employee is under the influence of narcotics or alcohol. Therefore, a worker who’s found to be driving under the influence will not be compensated for his or her injuries through a workers’ comp claim.
Why Do I Need a Workers Auto Accident Claims Attorney, Alpharetta?
A competent Workers Auto Accident Claims attorney, Alpharetta can address light duty work issues, ensure that the workers’ compensation physicians treat you fairly and provide you with the treatment you require, and help you navigate the Workers’ Comp medical system.
Certain treatment facilities and doctors are known to put the interests of the employer in front of your interests. We will direct you away from such doctors. As an injured worker who’s receiving compensation benefits, you’re entitled to an Independent Medical Examination (IME) and a change of doctor (panel switch).
Workers Auto Accident Claims
If you feel you’re being asked to go back to work before you’re capable or your employer is not abiding by the light duty restrictions issued by your doctor, you’ll need a Workers Auto Accident Claims attorney to help you resolve these issues with your best interests at heart.
If you have suffered work-related auto accident injury, contact Bobe & Snell Law Office LLC for help. Call us today at 470.268.5802 or use our online contact form to schedule a free consultation.
Workers Auto Accident Claims
With years of experience in assisting clients claim the benefits they deserve, we can offer you sound legal advice and assistance.