Butler Prather LLP has been helping clients in Georgia and across the nation who were injured on the job for over 35 years.
We’re one of the most successful personal injury law firms in America. In fact, our team has won nine verdicts that exceed $100 million, and we’ve also won over 60 verdicts and settlements of over $10 million. We regularly prevail in lawsuits against the largest and most powerful organizations in the country.
Your workers’ compensation attorney will inform you about your rights and filing requirements. If you were harmed by someone other than your employer, you may be eligible to seek additional damages beyond your workers’ compensation claim.
Contact the experienced Georgia workers’ compensation attorneys at Butler Prather LLP to learn more about your rights by calling (706) 322-1990 today.
The workers’ compensation system helps injured employees cover their medical bills and living expenses after an on-the-job injury. Workers’ compensation provides benefits on a case-by-case basis, and the process of filing for benefits can be confusing.
Georgia law requires all employers to carry workers’ compensation insurance coverage. Your workers’ compensation lawyer will help you file your claim and make sure your employer is acting in compliance with the law.
Under workers’ compensation laws, every employer has a legal duty to provide employees with all materials and paperwork relevant to a claim.
It is illegal for the employer to interfere with an employee’s claim or take punitive action against an employee who files for workers’ compensation. Although injury claims may cause the employer’s premium payments to increase, they must process injury claims in good faith.
Georgia workers will want to report all workplace injuries right away. Even if your injuries don’t seem severe, they can grow worse over time. The law allows for 30 days from the date of an injury for the injured employee to file a claim, and delays can lead to the loss of benefits or complications in the claims process.
After a worker files the initial claim, it goes to the Georgia State Board of Workers’ Compensation for review, and the employer provides the claimant with a list of physicians approved by the workers’ compensation insurance carrier. The injured employee must seek medical attention from one of these doctors.
If the injury requires emergency medical treatment, the employee may seek medical attention from any available doctor, but you must return to one of the approved physicians once the emergency situation has ended.
Workers’ compensation benefits are subject to strict rules and timelines. Your attorney will advise you of your rights and help make sure you remain in compliance.
Your physician will recommend a recovery schedule. You may secure benefits if you are unable to work for seven days or more. Most claimants receive their first benefits check within 21 days after their first missed day of work. Claimants who miss more than 21 days of work will also receive benefits for the first week.
For injuries occurring on or after July 1, 2016, Georgia caps workers’ compensation benefits to no more than two-thirds of the claimant’s average weekly wage and no more than $575 per week for up to 400 weeks.
In some cases, you will be able to return to work immediately, but you may not be able to perform your previous job duties. If an injured employee can only return to a lower-paying position, he or she may collect partial benefits payments of no more than $383 per week for up to 350 weeks.
There are also special provisions for employees who sustain permanent injuries, disfigurement, or amputation. If an employee passes away due to a workplace injury, their dependents will receive a maximum of $575 per week. A widowed spouse without children may only receive a maximum of $230,000. Workers’ compensation benefits can affect your Social Security benefits.
In Georgia and most other states, every worker is covered by workers’ compensation, which pays for medical bills and provides a certain level of income if you’ve been injured on the job. But there are additional opportunities for compensation available when a third party is responsible for your injuries.
Many workplace injury cases involve third-party liability. This occurs when a negligent third party (any entity that is not the employer) causes bodily injury to a worker in Georgia.
Our team will investigate your accident and file a lawsuit against any negligent third-party who falls outside the scope of workers’ compensation laws. In many cases, we’ve been able to win verdicts for our clients that greatly exceed their workers’ compensation benefits.
A third party who contributed to your injuries may include:
In a personal injury case, your attorney will demonstrate how you were harmed by another person’s negligent behavior. Third-party liability claims require a plaintiff to prove the following three elements:
1. The third party owed the plaintiff a duty of care. The defendant must have owed you a duty of care to hold him or her responsible for your damages. For example, a manufacturing company must ensure its products are safe before releasing them to consumers.
2. The third party breached its duty of care to you. A “breach of duty” is any act that a reasonable person would not have committed under the same circumstances. This means the defendant’s level of care was below accepted standards. Breach of duty may include:
Texting while driving
Obstructions left in a walkway
Failure to adequately maintain property
Exposure to hazardous chemicals
3. The breach of duty caused your accident and injuries. For the courts to rule a third party liable for an accident, the third party’s act of negligence must have caused or contributed to your injuries.
Butler Prather LLP will investigate the accident. Our team will interview witnesses and examine available evidence including medical records, surveillance video, internal company documents, and forensic information to find out how the accident took place.
A claim for work injuries caused by a third party may include the following types of damages:
If you were injured on the job by a negligent third-party, you may be eligible to receive a recovery in addition to your Workers’ Compensation benefits. In these cases, our Georgia personal injury attorneys at Butler Prather LLP will file a lawsuit on your behalf.
Call (706) 322-1990 to schedule a free consultation today.
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