Workers’ Compensation Claims

At Johnson & Ward, our focus is on providing comprehensive legal assistance to individuals who have been victims of work-related injuries. The head of our workers’ compensation practice is Mike Parsons, who has 30 years of experience in workers compensation on both sides. For example, Michael worked eight years in law firms that defended employers and insurance companies in workers compensation and liability cases. Since switching to the claimants’ side, he has recovered more than $50 million for injury victims.

We fully acknowledge the overwhelming nature of navigating through the complex of workers compensation and the multitude of workers compensation forms and it becomes more terrifying when you have to fight against giants of the industry or employers like Amazon or Walmart. This is where we step in and promise to stand by your side, meticulously representing your case with utter diligence and providing support based on knowledge amassed in 30 years of practice. Our adept team of professionals is well-versed in the nuances associated with work injuries and is capable of handling a broad spectrum of cases. We understand the financial and emotional implications a work injury can bring to your life, which is why we offer a free consultation. Contact us to discuss your case as we aim to restore your peace of mind. Call Johnson & Ward today at 404-253-7862.

Types of Work Injuries

Accidents and unfortunate occurrences in the workplace can result in varied types of injuries. Any employer in Georgia with at least three employees is required to carry workers’ compensation insurance. Our law firm seeks to depict a concise overview of some of these work-related conditions:

• Head Injuries: This refers to any harm inflicted on the skull or brain, including concussions, scalp wounds, and traumatic brain injuries, common in construction and industrial settings.
• Back Injuries: Often resulting from jobs involving heavy lifting, twists, or abrupt movements, these can encompass slipped discs, spinal cord damage, or muscle strains.
• Broken Bones: These injuries often come from falls, machinery accidents, or mishaps during physically intensive tasks.
• Repetitive Stress Injuries: Conditions like carpal tunnel syndrome, tendinitis, or bursitis fall under this category, usually linked to repetitive use or overuse in physically demanding jobs.
• Burn Injuries: Common in industries dealing with heat or hazardous chemicals, these can range from light superficial wounds to severe third-degree burns.
• Sprains and Strains: Generally, they occur from overexertion, improper lifting, or falls and largely impact the muscles and ligaments.
• Soft Tissue Injuries refer to damage to muscles, ligaments, or tendons, including bruises, sprains, strains, and tears.
• Electrical Injuries: Particularly present in jobs dealing with electricity, injuries can range from minor shocks to severe burns and potentially life-threatening heart issues.
• Crushing Injuries: Individuals working around heavy machinery or construction are prone to these, often resulting in broken bones or severe internal damage.
• Lacerations: Deep cuts or tears in the skin or flesh, usually caused by accidents involving sharp tools or machinery.
• Work-Related Illnesses: These encompass long-term health conditions resulting directly from work environment or tasks, like exposure to hazardous substances leading to respiratory issues or cancer.

While unfortunate, these injuries do happen. It’s crucial for affected employees to understand the legal aid available to them. Our firm is equipped to navigate these complex situations.

Workers’ Compensation Claims

At Johnson & Ward, we comprehend the catastrophic impact a work-related injury can have on you and your family. Suffering an injury at work can not only lead to physical suffering but also financial hardship. Thankfully, there are laws in place to protect workers’ rights. This includes workers’ compensation, a type of insurance that provides wage replacement and medical benefits to employees injured during their employment as a trade-off for mandatory relinquishment of the employee’s right to sue his or her employer for negligence.

Workers’ compensation laws are crafted to safeguard workers from bearing the full financial brunt of work-related injuries, regardless of who was at fault. The crucial point here is that the incident must have occurred during the scope of employment.

In the realm of workers’ compensation, there are primarily three types of benefits that injured employees may be eligible for. First, medical benefits are an essential component, covering the cost of necessary medical treatments required for the injury. This helps ensure that workers receive the necessary medical care without the added stress of worrying about medical bills.

Secondly, wage benefits come into play when a worker’s injury causes them to miss substantial time from work. This includes compensation for the wages lost during this time. This benefit is designed to alleviate financial stress and provide income stability.

Finally, vocational rehabilitation is another essential benefit under workers’ compensation insurance. If your injury prevents you from returning to your previous job, vocational rehabilitation benefits can help you get the training you need for another job, maintaining your employability.

Our firm is committed to advocating for your rights and ensuring that you receive the benefits you are entitled to under workers’ compensation law. Everyone deserves to work in a safe and secure environment, and when that is compromised, we are here to help you navigate the complex legal process.

Time Limit for Workers Compensation Claims in Georgia.

In Georgia, the statute of limitations for workers’ compensation claims is generally one year from the date of the injury. This limitation prevents claims from being filed after long lapses of time, which would make it difficult to establish the truth.

You must file a claim within one year of the accident by filing Form WC-14 with the State Board of Workers’ Compensation.

If you received remedial treatment or weekly benefits payments, you may have an additional year or two to file a claim:

• Remedial treatment: You can file a claim within one year of the last remedial treatment.
• Weekly benefits payments: You can file a claim within two years of the last payment of weekly benefits.

Death benefits: You have one year from the date of death to file a claim for death benefits.

Third-Party Work Injury Lawsuits

When individuals suffer from work-related injuries, it can be a bewildering and highly stressful experience. Our law firm possesses an unwavering dedication to the pursuit of justice for the victims of such incidents. We strive to burst through the bubble of confusion, equipping you with the legal knowledge necessary to navigate through the complex structure of the law surrounding workplace injuries.

The scope of work-related injury claims often extends beyond fellow employees or employers. In many circumstances, a work-injury victim may possess the legal grounds to hold a third party accountable. These may include equipment manufacturers, contractors, or property owners. Pursuing a third-party lawsuit opens the pathway to financial compensation that exceeds what is typically granted in workers’ compensation cases. Attributes like pain, suffering, emotional distress, and diminished quality of life are not generally covered under workers’ compensation, but they are considered during a third-party claim.

Interpreting this can be challenging as it may affect your potential compensation considerably, but that’s where we come in. With years of practicing law in Georgia, we have a thorough understanding of how to navigate the intricacies of the comparative negligence rules in this region.

It’s essential to note that initiating a third-party claim does not invalidate your right to pursue worker’s compensation. These claims can coexist, addressing distinct facets of your injury with individualized attention. Our firm serves as your ally, guiding you toward the legal routes that address your unique needs holistically. We stand steadfast in our commitment to aid you in the pursuit of justice, functioning as your beacon of hope amidst a sea of legal complexity.

Whom to Sue in a Third-Party Work Injury Claim

•              Vehicle Operator: Workers sustaining injuries due to the negligent, reckless, or intentional conduct of a vehicle operator as part of their job can bring a claim against the operator. This claim may involve commercial truck drivers, forklift operators, or any other vehicle essential to the execution of duties at or for work.

•              Property Owner: If a worker suffers an injury due to unsafe conditions on a property, the property owner could be liable. Typical work injury cases involving property owners pertain to incidents like slip and fall accidents due to inadequate maintenance, failure to comply with safety regulations, or any other hazard present on the property.

•              Equipment Manufacturer or Distributor: In some cases, defective or poorly designed equipment causes workplace injury. In these instances, the manufacturer or distributor of the faulty gears could be held accountable. This might include defective machinery or tools used in everyday operations, leading to uncalled-for harm to employees.

•              Maintenance or Service Company: Businesses that provide maintenance or service at a worksite are responsible for the safety of their practices. If their negligence leads to worker injury—for example, due to improper equipment care—the maintenance or service company could face legal ramifications.

•              Architects or Engineers: Architects and engineers carry out crucial roles in ensuring structural safety. If their plans or oversight create dangerous conditions leading to worker injuries, they may face legal consequences. From structural collapses to falling debris incidences, any hazard resulting from faulty architectural or engineering work could land them in court.

At Johnson & Ward, we value your safety and rights as an employee. We’re prepared to bring justice against these potential defendants to help secure the compensation you deserve.

Proving the Fault of a Third Party for Work Injuries

After a workplace accident, it’s crucial to understand the fundamentals of a negligence claim. In such a circumstance, there are four fundamental components at play: duty of care, breach of duty, causation, and damages. The duty of care implies adhering to a standard of conduct that a hypothetical reasonable person would uphold in a similar scenario. This involves taking necessary precautions to prevent harm and maintaining a secure work environment.

A breach of this duty refers to instances where this standard isn’t met, such as ignoring safety regulations or failing to provide adequate training for employees. The violation of duty alone isn’t enough to build a legal case in general. There must be a direct connection or causation between this breach and the harm suffered. Causation is arguably the most pivotal aspect of a negligence claim, with the injury suffered being directly attributable to the breach of duty.

Finally, to establish a powerful case, measurable damages must be present. Damages, be they physical, emotional, or financial, are the impacts suffered by a worker as a result of the accident. Documented medical expenses, loss of income, pain, and suffering all fall into this category. It’s worth noting that these principles apply to cases involving strict liability, where an employer can be held liable regardless of fault if the nature of the work is inherently dangerous. Understanding these key components can aid you greatly when navigating the complex world of workplace injury lawsuits.

Comparative Negligence in Third-Party Work Injury Lawsuits

At Johnson & Ward, we pride ourselves on providing clarity around the complex topic of work injuries, particularly in relation to the concept of comparative negligence. This is a vital legal principle in personal injury and workers’ compensation cases. It essentially means that if you’re partially at fault for an accident, the compensation you receive for your injuries may be reduced proportionally by the percentage of your fault.

Georgia operates under the rule of “modified comparative negligence.” Under this rule, you can recover damages if you were 49 percent or less at fault. Even if you were partially to blame for the incident, you could still be eligible for compensation. However, if you’re found to be 50 percent or more at fault, you’re barred from recovering damages. Moreover, your compensation will be reduced by whatever percent you were at fault.

For instance, if you were awarded $100,000, but were found to be 20 percent at fault, your compensation would be reduced by $20,000, leaving you with $80,000. Navigating these nuances can be challenging, but we strive to provide clear guidance and robust representation for our clients, ensuring you understand your options under Georgia law. From interpreting the law accurately to fighting for fair and rightful compensation for your injuries, we stand ready to support you and your work injury case.

Damages in Third-Party Work Injury Lawsuits

At our law firm, we strive to guide clients through the often-complicated process of third-party work injury lawsuits which can encompass both economic and non-economic damages, quite different from the limited remedies under workers’ compensation law.

•              Economic Damages: These are the calculable costs associated with your injury, including medical bills and lost wages. They’re tangible, concrete numbers, making them crucial to your path to recovery.

•              Non-Economic Damages: Unlike economic damages, non-economic damages aren’t as straightforward to calculate. They encapsulate the more abstract impacts of an injury, such as emotional distress, diminished quality of life and pain and suffering.

•              Medical Bills: One driver of economic damages, medical bills, can accumulate fast following a workplace injury. Our firm can help calculate these expenses and advocate for restitution.

•              Lost Income: If your injury has resulted in time away from work, lost income can be a significant part of your total economic damages. We work to ensure this loss is appropriately estimated and included in your compensation claim.

•              Future Treatment Costs: Your injury may require ongoing medical care and rehabilitation, causing significant future costs. Our legal representation ensures these likely expenditures are considered.

•              Lost Earning Capacity: If your injury leads to long-term disability, it may affect your ability to earn a living. It’s our job to determine and represent this potential income in your compensation claim.

•              Pain and Suffering: Integral to non-economic damages, pain and suffering accounts for the physical distress and emotional trauma of your injury. While these damages are less straightforward to estimate, our law firm is practiced at assigning a value to this intangible yet significant impact of your injury–ensuring it’s well-represented in your legal pursuit for justice.

Statute of Limitations in Third-Party Work Injury Lawsuits

Navigating the aftermath of a workplace incident can often feel overwhelming, especially when trying to understand the legal aspects that come into play. One such aspect is the statute of limitations. In Georgia, the time limit set by law within which an injured worker can initiate a lawsuit against a party potentially responsible for their injury, also known as a third-party work injury case, is typically two years from the date the injury occurred.

Understanding the statute of limitations is crucial to any accident victim, mainly because it dictates the timeframe within which legal proceedings must happen. Simply put, failing to file a claim within the statute of limitations denies you the right to litigate your case, which can jeopardize any potential compensation you might otherwise receive for medical expenses, loss of income, or other related damages.

The rationale behind having a limitation period is twofold. First, it upholds the integrity of the evidence which may degrade over time, and second, it protects potential defendants from the perpetual threat of a lawsuit. Thus, it is of paramount importance to consult with a knowledgeable attorney as soon as possible following a workplace injury to ensure that your legal rights are preserved.

Remember, there are exceptions to the standard statute so it’s important to discuss your specific circumstances with a skilled attorney who is deeply familiar with Georgia’s laws. In doing so, you’ll receive the thorough and accurate guidance you need to effectively navigate the process. An informed understanding is your strongest asset in these rare, but potentially life-altering circumstances.

Settlements in Third-Party Work Injury Lawsuits

When faced with a work-related injury, navigating the legal landscape can be an overwhelming task. One critical decision that injured workers must make is whether to settle their case out of court or to go all the way through a trial. Weighing this decision isn’t easy, and it needs a firm understanding of the advantages and disadvantages of both paths.

In a settlement, both parties agree to a resolution to avoid the uncertainties and cost of a trial. Cases that are settled often conclude faster than those that go to trial, providing injured workers with a quicker resolution and faster access to awarded damages. Settlements also provide a level of control that cannot always be guaranteed in a trial, where the final decision rests with the judge or jury.

Conversely, settlements often result in a release of claims. That means the injured worker gives up the right to bring any future lawsuits against the employer for that specific injury. This is noteworthy, particularly if complications from the injury arise down the line.

Taking a settlement instead of going to trial requires a thorough evaluation of the case. Our dedicated attorneys comprehend the intricacies of workplace injury claims and can guide you through this process. They are profoundly committed to helping injured employees make informed decisions regarding their cases. Being informed is the key to ensuring that you protect your rights and secure the highest possible compensation for your injuries. Our team stands ready to robustly advocate on your behalf, whether that involves negotiating a fair settlement or fighting for your interests in the courtroom.

Let Us Help You Pursue Compensation

At our law firm, we understand the stress and struggle that accompanies a work-related injury. You’re not only dealing with physical pain and emotional trauma but also the financial burden that often follows. Questions about managing medical bills, lost wages, and other expenses dominate your mind. Amidst these overwhelming times, you don’t have to go it alone. Our team of dedicated lawyers offers you vital support and guidance, passionately advocating for your rights and pushing for the compensation you rightfully deserve. We conduct a meticulous evaluation of your unique situation and devise a strategic plan to ensure your case is robustly represented. For us, your justice and peace of mind are paramount. To assist you further, we offer a free consultation for your case. Contact us today and let us guide you on this complex journey – we’re your ally, every step of the way.