Answers to Commonly Asked Questions About Workers’ Compensation

Pursing a workers' compensation lawsuit is a complex undertaking, and many individuals have a lot of the same questions when considering whether to take action. In this section we have compiled a list of articles that answer frequently ask questions by our clients. 
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  • What's my workers' comp claim worth?

    Workers' Comp Claim ValueThe injuries sustained in on-the-job accidents can be painful both physically and financially. Injured workers may face unexpected debt while they are unable to work as they wait for their injuries to heal.

    Fortunately, in Georgia, injured employees are eligible for workers' compensation benefits, which includes temporary disability payments and payment of related medical expenses.

    Determining The Value Of A Claim

    Workers' compensation settlements have to be agreed upon by the injured worker and the employer and their insurer.  If all parties don't agree, then there is no settlement.  The value of workers' compensation claims varies and depends on a number of factors, including:

    • Severity of the injury
    • Amount of the injured employee's weekly benefits
    • How long the employee is expected to be disabled from working
    • Past and estimated future medical costs
    • Age of the injured worker

    The more serious an injury, the more likely it is to require continuing medical treatment and significant future time off from work. The greater these anticipated costs, the more valuable the claim. As a result, workers with claims involving severe or catastrophic injuries tend to receive larger settlements than employees with relatively minor injuries.

    Temporary Total Disability Benefits 

    Under Georgia's Workers' Compensation Law, injured employees are entitled to collect temporary total disability benefits equaling two-thirds of their average weekly pay (before taxes are deducted) each week for as long as their injuries prevent them from returning to work.  The injured worker can receive these benefits for up to 400 weeks, or for the rest of their life if their claim has been deemed catastrophic.  Again, the longer you and the insurer believe you will be entitled to continuing income benefits, the more the case will be worth in settlement.

    An injured worker's average weekly wage is calculated based on the employee's pay for the previous 13 weeks. Individuals employed fewer than 13 weeks are compensated based on the average weekly wage of a similar employee who works in the same position for the employer as the injured worker. The maximum benefit rate is set by the Georgia legislature. Currently, the maximum benefit payable to injured workers in Georgia is $575 per week.

    Consult an Experienced Workers' Compensation Lawyer

    If you were injured on the job, you may have questions about the value of your case or the workers' compensation benefits to which you're entitled. The knowledgeable workers' compensation lawyers at Rechtman & Spevak have extensive experience helping injured workers. Our skilled legal team is happy to answer your questions and address your concerns to ensure you understand your rights, as well as all the options available to you.

    Contact our Atlanta law office today to schedule an appointment for a free initial case consultation.

     

  • What's the process for filing a workers' compensation claim in Georgia?

    Victims of workplace accidents often face medical bills they can't afford and time away from work that further strains financial resources. But workers injured during the regular scope of employment are usually eligible for benefits through the state workers' compensation system, such as medical benefits, rehabilitation support, and supplemental income.

    Workers Compensation Process in Georgia

    In Georgia, the process for filing a workers' compensation claim isn't difficult. However, employers and their workers' compensation insurance carriers don't always treat injured individuals or their claims fairly. Having an experienced workers' compensation attorney by their side can help job accident victims level the playing field and receive the benefits they deserve.

    Complete a Form WC-14

    workers comp processThe first step of the process is to file a completed Form WC-14 with the Georgia State Board of Workers' Compensation and send a copy to the employer and its workers' compensation insurance carrier. An attorney can file this claim electronically.

    An injured worker and his or her attorney can request a hearing if the employer and its insurer fail to provide the appropriate benefits.

    The Discovery Process

    Then, both parties move through the discovery process, during which each side can request documents, and serve one another with written questions called interrogatories. The worker may be asked to provide a deposition, also known as an oral testimony, which typically takes place in the attorney's office.

    In cases where there's a dispute regarding the injured workers' medical treatment, he or she may be asked complete an independent medical examination. This request may be issued by the insurer to get another opinion about the injuries, as well as the victim's attorney to bolster the case.

    Ultimately, the case is heard before an administrative law judge. However, most workers' compensation cases are settled long before they reach a courtroom.

    Speak To an Atlanta Workers' Compensation Attorney Today

    If you were injured on the job, the knowledgeable Georgia workers' compensation attorneys with Rechtman & Spevak can help ensure you receive the benefits you need and deserve. To schedule a free consultation right away to discuss your legal options, use the convenient contact information below.  

     

  • How can I maximize my workers’ compensation claim?

    Workers’ compensation benefits provide a vital safety net for employees who’ve been injured on the job. However, it’s crucial that you actively advocate for your right to a fair settlement.

    Report Your Accident Immediately

    work work injury claim form

    Even if you’re only mildly uncomfortable, report your accident as soon as it happens. It’s quite possible that your initial discomfort may turn into something more serious. If this happens and your employer has no record of your accident, they will likely argue that you were hurt outside of the workplace. When it comes to your workers’ compensation benefits, a “wait and see” approach should be avoided at all costs.

    Many employers have internal deadlines regarding accident reporting, with some being as short as 24 hours. Georgia law requires that the report must be made within 30 days of the event. When you report your injury, provide as many details as you can regarding the circumstances of the accident. Ask any coworkers who saw the incident to verify that your account is accurate.

    Create a Detailed Paper Trail

    Once you’ve reported your injury, keep detailed records regarding the progress of your claim. Ask for copies of medical exams and test results as well as any other expenses you’ve incurred as the result of your injuries. Keep an appointment log noting the date, time, and name of every contact person you speak to regarding your case.

    Lining up witnesses to testify on your behalf can also be useful in boosting your compensation. For example, you might ask friends or family members to provide statements regarding the effect your injuries have had on your daily activities.

    Listen to Your Doctor

    Refusing to follow your doctor’s recommendations regarding your medical care may result in your benefits being denied. You’re within your rights to ask for information regarding treatment side effects and any potential risk, but skipping appointments altogether will send the message that you’re not fully invested in your recovery.

    Listening to your doctor also means following any recommendations regarding what activities you can and can’t do. If you’re not supposed to be lifting anything heavier than 25 pounds, don’t decide to use your time off work to landscape your front lawn. Many insurance companies will use private investigators to verify that you’re being truthful about your injuries, so being seen engaged in unauthorized physical activity will severely damage your case.

    Remember That the Insurance Adjuster Isn’t Your Friend

    An insurance adjuster's job is to make decisions that are best for the insurer's bottom line. He doesn’t care if you need a settlement to help pay your mortgage or student loans. The first offer you receive will likely be much less than what your claim is truly worth. Negotiating for the compensation you deserve is a must.

    Be Persistent

    One common mistake that injured workers make is assuming that a denied claim is final. A large number of claims are initially denied, but an experienced workers' compensation attorney can turn that denial into a settlement on your behalf.  Don't give up if your claim is denied.  Instead, you should immediately contact an attorney for a consultation.  

    Seek Legal Assistance

    It’s difficult to be objective about your claim when you’re focusing on recovering from your injuries and worried about how to pay your bills. Our skilled workers’ compensation attorneys can help prepare your case and advocate for the highest settlement available.

    Your attorney will take into consideration factors such as:

    • Your work restrictions.
    • Your permanent partial disability rating.
    • Your previous earnings.
    • Past medical expenses.
    • Future medical expenses.

    Your attorney can also investigate the possibility of third-party claims. If another party’s negligence caused or contributed to your injury, this can substantially increase your compensation. For example, you may be eligible to pursue a personal injury claim against the manufacturer of faulty equipment or the driver of another vehicle that caused your work-related accident.

    Rechtman & Spevak is dedicated to helping Georgia residents receive fair and timely workers’ compensation settlements. Please call 404-355-2688 or fill out our online contact form to get started with a free, no-obligation consultation.
     

  • How much does it cost to hire a workers' compensation lawyer in Georgia?

    After a job-related accident, an individual may be seriously injured; temporarily—or even permanently—unable to work; and face an onslaught of unexpected medical debt. Fortunately, in Georgia, employees injured in workplace accidents or within the scope of their regular employment are often entitled to workers' compensation benefits.

    Workers Compensation Program Overview

    The workers' compensation system is an accident insurance program paid for by employers. The system's benefits cover authorized medical expenses, lost wages, and temporary disability payments for individuals injured on the job.

    cost to hire workers's comp lawyerWhile workers' compensation claimants aren't required to prove negligence in order to collect benefits, this doesn't mean they don't need an attorney. Some workplace accident victims may be hesitant to hire a workers' compensation lawyer out of concern fees are beyond their financial means.

    What Do Workers Comp Lawyers Charge?

    Financial woes should never prevent a victim from fighting for the justice and the benefits they deserve.

    That's why many workers' compensation attorneys operate on a contingency fee basis. This means they provide victims with legal services for little or no upfront costs, and instead take their fees out of the settlement the victim receives when their cases are resolved.

    Advantage of Hiring A Workers Comp Attorney

    In Georgia, workers' compensation attorneys are paid up to 25 percent of a successful settlement—this amount is regulated by state law. Though some accident victims may be tempted to handle their own cases in an effort to save money, it can actually end up costing them in the long run. Multiple studies show that injured workers represented by experienced workers' compensation attorneys tend to receive larger settlements than those who choose to represent themselves.

    Consult a Knowledgeable Georgia Workers' Compensation Attorney

    On-the-job accidents and injuries can threaten to cause a lot of upheaval in your life, but an experienced workers' compensation lawyer can help you understand your legal rights and options, look out for your interests, and maximize your claim.

    To request a free consultation, contact Rechtman & Spevak today using the phone numbers on this page, or complete the brief online contact form.

     

  • Can my workers' compensation claim be denied if I lied about my medical history on a job application?

    when workers' comp claim denied for lyingIt's possible. Eager to be hired, some job hunters may gloss over previous injuries in their medical histories or overstate their physical abilities on applications.

    While these deceptive tactics may help applicants get a wanted job, should they suffer a workplace injury, this misrepresentation of their medical conditions can jeopardize any future chances to collect workers' compensation benefits.

    What Does Georgia Law Say About Lying?

    Georgia workers' compensation laws allow employers to deny injury claims based on certain types of employee misconduct. This includes instances in which employees lie about their medical histories and then later suffer new injuries related to undisclosed or misstated conditions.

    However, when using this defense to deny a worker's injury claim, employers must first prove the following:

    • The employee in question knowingly and willingly falsely represented his or her physical condition during the application and hiring process
    • The employer relied on the employee's false representation and it was a substantial factor in the hiring decision
    • The falsely-represented past injury caused or contributed to the employee's workplace injury

    Known as the “Rycroft defense,” it's designed to protect employers from undeserved liability for employee injuries. However, some employers may attempt to use this defense unjustly, resulting in the denial of valid workers' compensation claims.

    Consult an Experienced Workers' Compensation Attorney 

    There's a lot at stake after an on-the-job injury. A skilled workers' compensation attorney can help injured employees understand their legal rights and options, help them avoid mistakes that could cause their claims to be denied, and ensure they're treated fairly by employers and their insurance companies.

    If you were injured on the job, only to have your employer claim your injury was related to a misrepresentation in your application, the knowledgeable attorneys with Rechtman & Spevak can help you build a strong case and fight for the workers' compensation benefits you need and deserve.

    Do you have questions about a denied workers' compensation claim? Contact us today to schedule an appointment for a free initial consultation.

     

  • What is subrogation and how could it affect my workers' comp claim?

    Subrogation for workers' comp claimsThe short answer: subrogation is a process used by insurance companies to get back money paid on insurance claims. They're allowed to do this in some cases, but only after you've received full compensation for your workers' compensation injuries. Here's what you should know.

    How Subrogation Works

    If you were injured in an on-the-job construction accident, depending on the circumstances of the incident, you may have multiple avenues for compensation.

    For example, if you were hurt in a work-related car accident, caused by a negligent third-party subcontractor making a delivery, you may have grounds for a workers' compensation claim against your employer, as well as a personal injury lawsuit against the liable third party.

    Workers' compensation benefits include reasonably-related medical expenses, temporary total disability benefits, and permanent partial disability benefits, while personal injury lawsuits allow you to pursue a broader range of additional compensation, including your actual lost wages, pain and suffering, mental anguish, scarring or disfigurement, and more.

    While there are numerous advantages to filing a personal injury lawsuit against a negligent third party, your employer's workers' compensation insurer may attempt recoup the money it paid to you in benefits using subrogation.

    What The Employer Must Prove Before Taking Money Back

    However, in Georgia, before an employer or its insurer can recover money on a subrogation claim, they must show that you were fully compensated for all your accident-related economic and non-economic losses. For injured workers whose financial recoveries are limited by a negligent third party's inadequate insurance policy limits, employers and their insurers are often unable to meet their burden of proof. When that happens, the employer/insurer is not entitled to any recovery on their subrogation claim. A skilled Georgia personal injury attorney with workers' compensation case experience can help ensure you receive all the compensation you're owed for your workplace injury.

    Consult an Attorney About Your Workers' Compensation Case

    If you were injured on the job by a third party and received compensation through workers' compensation and have a personal injury claim, you may subject to subrogation. The seasoned attorneys with Rechtman & Spevak can review your case to determine if you were truly made whole, and fight for your right to retain the compensation you deserve. Contact us today to schedule an appointment for a free initial consultation to discuss the details of your case.

     

  • What should I do if I need to see a specialist and there isn't one listed on my employer's panel of physicians?

    A medical specialist for workers' compAfter sustaining a serious injury on the job, it's understandable that injured workers would want access to care from the best doctors to treat their conditions. Unfortunately, when it comes to seeing a doctor, you're often limited to providers on your employer's approved panel of physicians.

    While it's not impossible to see a specialist for a workplace injury, it does require jumping through a few hoops. Here's a look at the process.

    Seeing an Authorized Doctor

    Start by seeing a doctor from your employer's approved panel of physicians. In Georgia, the law specifies that these panels be comprised of at least six doctors, and include one orthopedic physician; no more than two industrial clinics; and at least one minority physician. The authorized doctor from the panel can refer you to a specialist, but they aren't always willing to do so.

    If this happens, you still have a few options, including:

    • Seeing a different doctor from the approved panel. You can switch to another doctor on the panel once without prior approval, and that physician could refer you to a specialist.
    • Requesting an independent medical examination (IME). If it's been fewer than 120 days since you last received income benefits, you can request a one-time IME with any doctor of your choosing, and use that to schedule an appointment with a specialist.
    • Presenting the IME report to your treating physician from the panel. After presenting the report, you can request to be referred to a specialist.
    • Filing a request for a hearing seeking a change of physician. A workers' compensation attorney can help with this.

    Sometimes, even if a doctor refers you to a specialist, your employer's workers' compensation insurance provider may decline to authorize the visit. This is particularly common for illnesses which are likely to require ongoing treatment, but for which there are no diagnostic tests to confirm progress.  A prime example of this is psychiatric treatment.

    Consult an Experienced Workers' Compensation Attorney

    Are you struggling to obtain the medical care that you need after being injured in a workplace accident? The knowledgeable workers' compensation attorneys with Rechtman & Spevak can help. Contact us today to request an appointment for a free initial case consultation.

     

  • How do employers choose their panel of workers' compensation doctors?

    choosing a workers comp doctorIn Georgia, employees injured on the job may be entitled to medical, rehabilitation, and income benefits under the state's Workers' Compensation Law. Workers' compensation covers a wide range of authorized medical expenses, including doctor bills and hospital bills.

    However, unless a worker's injuries are emergent in nature, their employer is unlikely to cover medical care provided by just any doctor.

    Instead, in most cases, the injured employee is required to choose a physician from the employer's panel of workers' compensation doctors.

    Doctor Panel Requirements

    By law, this panel must:

    • Be comprised of six unaffiliated doctors or clinics
    • Include at least one orthopedic surgeon
    • Have no more than two industrial clinics
    • Include at least one minority doctor, based on ethnicity or gender

    The doctors on this panel are chosen by the employer, often in consultation with its insurer. Additionally, employers can review the performance of the doctors on their panel and change them if they don't live up to their expectations.

    The ability to choose and change the doctors on the panel is good for employers and insurers, as it gives them some measure of control over who's treating individuals who are injured on-the-job and, ultimately, how the claim is handled.

    Why This Isn't Always Good For The Injured Worker

    Unfortunately, this can be detrimental for injured workers. While some employers may choose well-qualified physicians who treat workers fairly, others may opt for doctors with reputations for keeping costs down by:

    • Minimizing workers' injuries
    • Failing to relate some or all of the injured worker's complaints to their on-the-job accident
    • Recommending low-cost treatment options, even if higher-cost treatments are more effective
    • Returning injured workers to work with restrictions too quickly
    • Assigning a low permanent impairment rating
    • Releasing injured workers from their care and sending them back to their regular job prematurely

    Fortunately, knowledgeable attorneys with experience handling workers compensation cases can help injured workers choose a doctor from the panel who is more likely to listen to their concerns and treat them fairly.  If you are dissatisfied with the treatment being provided by your treating physician, your attorney may be able to get your care transferred to a new doctor.  Under Georgia law, you are entitled to a one-time change to another doctor on the employer's panel of physicians without obtaining prior approval.

    Were You Injured on the Job?

    Rechtman & Spevak is committed to helping injured Georgia workers receive the workers' compensation benefits they need and deserve. Contact us today to schedule an appointment for a free initial case consultation with one of our workers' compensation attorneys.

     

     

  • Are heart attacks and strokes covered by workers' compensation in Georgia?

    There are approximately 1.5 million heart attacks and strokes each year in the United States. According to the American Heart Association and the American Stroke Association, the majority of heart attacks and strokes that happen outside of hospitals occur in public settings, including workplaces.

    Heart attacks and strokes are not generally compensable as workers' compensation injuries. However, in Georgia, an injured worker may be able to collect workers' compensation benefits if he—and his attorney—can prove “by a preponderance of competent and credible evidence” that the worker's employment duties caused or contributed to the condition.

    Well-Documented Medical Records Are Essential

    Workers' compensation claims for heart attacks or strokes must include extensively documented medical evidence, which can be provided by the doctor who treated the injured worker, or a non-treating physician who's been asked to give an opinion after reviewing the individual's medical records. Other, non-medical evidence used to support these types of Georgia workers' compensation claims include testimony from witnesses, as well as testimony from the injured worker.

    Common lifestyle and genetic risk factors for heart attack and stroke include:

    • Unhealthy diet
    • Family history of heart attack or stroke
    • Smoking
    • High cholesterol
    • Hypertension
    • Obesity
    • Diabetes
    • Coronary artery disease

    However, even workers who have modest to moderate lifestyle and genetic risk factors may still be able to collect workers compensation benefits for an on-the-job heart attack or stroke if they can show their job duties are physically demanding and include a lot of heavy lifting, or expose them to excessive heat or cold, or induce mental and emotional stress.

    Consult an Experienced Workers' Compensation Attorney

    If you suffered a heart attack or stroke in the workplace and believe that your work duties caused or contributed to your injuries, you may be entitled to collect workers' compensation benefits for medical expenses, lost wages, and other damages.​

    The knowledgeable workers' compensation attorneys with Rechtman and Spevak can help you build a strong case. Contact us today to schedule an appointment for a free initial case consultation.

  • Why do nurses, nursing assistants, and other hospital personnel experience so many work-related injuries?

    Nurses, nursing assistants, orderlies, technicians and other healthcare personnel provide compassionate care to patients experiencing health problems and crises. Unfortunately, in doing so, they have an increased risk of sustaining or developing serious workplace injuries and illnesses. According to the Department of Labor's Bureau of Labor Statistics (BLS), more than 35,000 nursing employees sustain on-the-job injuries each year. Many have to miss work as a result.

    Nursing Injuries Are More Frequent Than Most Think

    Nursing may not seem like a particularly hazardous profession. However, the injury and illness incidence rate is six cases per 100 full-time workers. This means private industry hospital workers are more likely to suffer significant on-the-job injuries than employees in more traditionally dangerous industries, such as construction, manufacturing, commercial trucking, and warehousing.

    What makes the healthcare field so perilous for nurses, nursing assistants, and other medical professionals? In addition to exposing employees to illness, jobs in this field are physically demanding, requiring workers to lift, move, or reposition numerous patients on a daily basis.

    Common Nursing Assistant Injuries

    Common on-the-job injuries for nurses and nursing assistants include:

    • Sprains, strains, and tears. These injuries are often serious—in 2015, most required an employee to miss more than 31 days of work.
    • Fractures
    • Cuts and punctures
    • Bruises
    • Herniated discs. Orderlies and nursing assistants suffer back injuries at a rate three times higher than construction workers.

    The causes of such injuries vary, but often include:

    • Overexertion and bodily reaction. Comprised of injuries sustained while lifting or moving patients, these incidents accounted for more than 24,000—or 45 percent—of private hospital injury cases in 2015.
    • Falls, slips and trips. These injuries made up 25 percent—or more than 13,200—of private hospital cases in 2015, according to the BLS.
    • Exposure. The Georgia Nurses Association estimates that health care workers sustain between 600,000 and 800,000 needlestick and sharps injuries each year. As a result, nurses and other healthcare aides are frequently exposed to airborne illnesses, bloodborne pathogens, chemicals, and other hazards.
    • Workplace violence. Nurses and orderlies are often assaulted by upset or ill patients or their family members.

    Experienced Workers' Comp Attorney For Injured Nurses

    Workplace injuries often have significant financial consequences for healthcare workers. If you're a nurse, nursing assistant, or other health care worker who was injured while performing job-related duties at Emory Healthcare, Northside Hospital, Piedmont Healthcare, or in a private nursing facility, you may be entitled to workers' compensation benefits

    The knowledgeable workers' compensation attorneys with Rechtman & Spevak can help you protect your rights every step of the way. Contact us today to schedule an appointment for a free initial case consultation.