Cohen & Sinowski are Cobb County workers’ compensation attorneys. From our office in Marietta we represent injured workers across the Atlanta-Metro area.
Workplace accidents occur far too frequently in Georgia. According to a detailed study from by the Georgia Occupational Health Surveillance Report, more than 75,000 work-related injuries are reported in the state each and every year. Injured workers need to be able to get compensation to support themselves and their family.
Most Georgia workers have very important legal protections under the state’s workers’ compensation insurance program. Through workers’ comp, many injured employees can access much needed medical coverage and income replacement benefits. Unfortunately, navigating the workers’ compensation claims process can be extremely challenging. Sadly, far too many claims are underpaid or outright denied.
At Cohen & Sinowski, P.C., our skilled Marietta workers’ compensation attorneys are committed to fighting for the legal rights and financial interests of injured Georgia workers.
If you or a loved one was hurt in an on-the-job accident in Cobb County, our law firm is here to help. Please contact us today to get professional legal guidance.
What to Do If You are Injured on the Job in Georgia
- Report Your Injury to Your Supervisor or Employer
If you were injured on the job in Cobb County, Georgia, you need to report your accident to your immediate supervisor as soon as possible. Under Georgia’s workers’ compensation rules, injured employees are required to report their accident within 30 days. If you fail to report your injury in time, you may lose out on your ability to obtain benefits. Your supervisor has a legal responsibility to take your claim. If your supervisor or your company attempts to pressure you into not reporting your injury, you should contact a Marietta workers’ compensation lawyer immediately.
- Seek Professional Medical Attention
Following a serious workplace accident, you need to get yourself professional medical attention. All work injuries should be comprehensively evaluated by a doctor or by a qualified specialist. To start, this is important because you need to protect your own health and safety. You need to get treatment, so that you can make a full recovery. In addition, you will not be able to bring a successful workers’ compensation claim unless you have the official supporting medical documentation to back up your claim.
- Request and Complete Workers’ Compensation Forms
While you must report your work injury to your employer, that action alone is not sufficient to get yourself the workers’ compensation benefits you are owed. You also need to request and complete all relevant workers’ compensation forms. Under state regulations, you must submit your workers’ compensation forms within one year of the accident. The Georgia State Board of Workers’ Compensation makes all forms available online.
Georgia Workers’ Compensation: Eligibility
The state of Georgia mandates that all companies with three or more employees must provide workers’ compensation coverage to all workers. This coverage is ‘no fault’ insurance. Unlike most personal injury claims, you do not need to prove that your employer was to ‘blame’ for your workplace accident in order to be eligible to recover benefits.
Still, disputes can and do arise over whether or not injuries are actually covered by workers’ comp. To be eligible for workers’ compensation benefits in Georgia, you must:
- Be covered by workers’ compensation insurance; and
- Have an injury or illness that is connected to your employment.
Any injury that occurs within the ‘course and scope’ of a worker’s employment is covered by Georgia workers’ compensation insurance program. In many cases, there is no dispute that an employee’s injury is connected to their work.
For example, if a worker was injured in a fall accident caused by their employer’s negligence at a construction site, that injury would undoubtedly be work-related, and therefore, covered by workers’ compensation insurance.
On the other hand, with some types of work injuries, such as repetitive stress injuries and travel-related injuries, there may be disagreement over whether they fall within the course and scope of employment.
Workers’ Compensation Benefits
Your workers’ compensation benefits will depend on the specific circumstances of your case. Injured workers are entitled to full and fair benefits for their medical expenses, physical rehabilitation, income benefits, and long-term disability.
In addition, if your family member has been killed in a workplace accident, death benefits can be made available. Under current Georgia law, workers’ compensation insurance pays full medical benefits, and two-thirds of the victim’s average weekly wage for income replacement. Though, it should be noted that the income replacement benefits are capped at a maximum benefit $575 per week (July 2017).
Five Reasons Why Workers’ Compensation Claims are Denied in Georgia
Unfortunately, even though injured workers desperately need full and fair benefits, insurance companies frequently reject or underpay valid legal claims. Workers’ compensation claims can be denied for many reasons. If your claim was denied, you should get the official workers’ compensation denial letter to our Marietta workers’ compensation lawyers for an immediate review.
We will investigate your case, and determine what needs to be done to get you the compensation you deserve. Some of the most common reasons we see workers’ compensation claims denied in Georgia are as follows:
- The failure to report an accident or file a claim in time;
- Mistakes on the workers’ compensation application;
- Disagreement regarding whether or not the accident occurred within the ‘course and scope’ of employment;
- Insufficient medical evidence being included in the application; and
- Questions regarding the existence or severity of the victim’s injuries.
Contact Our Marietta Workers’ Compensation Attorneys Today
At Cohen & Sinowski, P.C., our top-rated Georgia workers’ compensation lawyers have helped many workplace accident victims recover full and fair benefits of their injuries. If you or a family member was hurt in a work-related accident, our legal team is here for you.
To set up a free, fully confidential review of your workers’ compensation case, please call our law firm today at (404) 351-8888 or contact us through the contact form below. We are located in the heart of Marietta, and we represent work injury victims throughout Cobb County, including in Acworth, Kennesaw, Austell, Smyrna, and Powder Springs.