Powder Springs Workers' Comp Lawyer

Were you injured while at work in Powder Springs? If so, you are likely eligible for benefits through workers’ compensation. Though the process of securing workers’ compensation in Georgia is often confusing and frustrating, you do not have to face it alone.

Since 1992, the workers’ compensation attorneys at Sherrod & Bernard, P.C., have helped injured workers recover the compensation they deserve. We are ready to put our experience to work for you. Call us for a free consultation with an experienced Powder Springs workers’ comp lawyer today.

What Is Workers’ Compensation?

Workers’ compensation is insurance that provides healthcare and income-replacement benefits to workers injured on the job. Nearly all employers in Georgia with three or more full-time, part-time, or seasonal employees are required to carry workers’ compensation insurance. Exceptions exist for railroad carriers, farm workers, domestic servants, and federal government workers.

Workers’ compensation is a kind of no-fault insurance. This means that injured employees are entitled to benefits regardless of whether they or their employer are at fault for the injuries. In exchange for these benefits, employers are immune to nearly all lawsuits brought by injured employees seeking compensation. In this way, workers’ compensation represents a kind of tradeoff between injured employees and employers trying to avoid costly lawsuits.

What Are Some Common Workplace Accidents and Injuries?

Some workplaces — for example, construction sites and refineries — are inherently more dangerous than others. That said, injuries can happen at any job. According to the National Safety Council (NSC), the top three occupational injuries in 2020 broke down as follows:

1. Exposure to harmful substances and environments – Exposure to things like electricity, radiation, temperature extremes, sudden air/water pressure changes, and oxygen deficiency accounted for 424,360 workplace injuries (36.1 percent). Workers in the healthcare and social assistance industries are most at risk.
2. Overextensions – Overextensions caused by common motions like lifting, pushing, turning, holding, carrying, and throwing accounted for 255,490 workplace injuries (21.7 percent). Individuals between 45-64 years old are most at risk.
3. Fall, slips, and trips – This category accounted for 211,640 workplace injuries (18 percent). The category includes slips and trips without falling, falls on the same level of a structure (e.g., slips on wet floors), and falls to lower levels (e.g., falls from a ladder). It also includes injuries caused by voluntary jumps from higher levels. Workers in the transportation/warehousing and agriculture industries are most at risk.

What Should I Do If I Am Injured on the Job in Powder Springs?

No matter where they happen, accidents and resulting injuries can be very stressful and disorienting. Consider taking the following steps if injured on the job:

1. Give Notice – Notify your employer of the injury as soon as possible. If you cannot do so yourself, have a trusted coworker do so for you. Carefully fill out any necessary paperwork.
2. Seek Medical Attention – Seek medical attention as needed. If the accident is life-threatening, seek immediate attention. Georgia’s workers’ compensation law requires you to seek treatment from a pre-approved physician. Your employer should have a list to choose from posted at your workplace. Follow all medical instructions carefully to maximize your recovery.
3. Keep Medical Records – Keep good records of your symptoms, treatments, and expenditures. These documents will serve as evidence in any claims you file and can be essential in resolving disputes that may arise. Be sure to visually document your injuries with photographs and videos. Also, consider keeping a journal documenting your pain and suffering throughout your recovery.
4. Contact an Attorney – Contact a workers’ compensation attorney. An experienced lawyer can make sure that you understand your rights and are not taken advantage of by your employer or their insurers.

What Benefits Are Available Through Workers’ Compensation?

The benefits you receive will depend on the severity of your injuries and the amount of time you are unable to work. All your medical expenses, including doctor’s appointments, hospital stays, surgeries, medications, long-term care in a nursing facility or in your home, assistive devices, and other necessary expenses, should be covered under workers’ compensation. Depending on your injuries, you may also be entitled to:

• Temporary Partial Disability (TPD) Benefits– If you return to work part-time or in a lower-paying capacity than your previous position, you may be entitled to temporary partial disability benefits. This is equal to two-thirds of the difference between your average weekly wage before and after the injury and is limited to 350 weeks.
• Temporary Total Disability (TTD) Benefits– If you cannot work for at least seven days, you may apply for temporary total disability benefits. These benefits should compensate you for two-thirds of your average weekly wage. You are eligible for these benefits until you fully recover from your injury or illness. However, you may not receive them for more than 400 weeks from the date of your injury.
• Permanent Partial Disability (PPD) Benefits– If you have permanently lost the use of one or more body parts, you might be eligible for permanent partial disability benefits. The duration of these benefits will be calculated based on which body parts are injured or lost.
• Permanent Total Disability (PTD) Benefits –If you cannot return to work after you reach maximum medical improvement (MMI), you might be eligible for permanent total disability benefits. You may receive this in the form of weekly payments at the same rate as temporary disability or as a lump sum. Consult with an attorney regarding payment structure.

What Do I Do If My Workers’ Compensation Claim is Denied?

Many workers’ compensation claims are unfairly denied by employers or their insurers. If you find yourself in this situation, you may appeal the decision. This requires that you file a Notice of Claim Form (WC-14) within one year after your injury. The form should be filed with the State Board of Workers’ Compensation to challenge a claim denial.

The appeals process is complicated and time-consuming. It may ultimately require an in-court hearing before a judge. It is essential that you have an experienced attorney at your side throughout this process. The attorneys at Sherrod & Bernard, P.C., are here to help you through the process from beginning to end. Call today for a free consultation.

Do I Have a Time Limit to File a Workers’ Compensation Claim in Powder Springs?

Yes, there is a deadline set by a law known as the statute of limitations. In Georgia, your right to compensation “shall be barred unless a claim . . . is filed within one year after injury.” However, if you were already receiving payments or remedial treatment for the injury from your employer, the time limit is one year after the last payment or corrective treatment. Further, injured workers must also report their workplace injury within 30 days after it occurs or risk losing their eligibility for workers’ compensation.

Workers’ compensation claims can be particularly sensitive to missed deadlines. To avoid complications, bring your claim to an experienced attorney as soon as possible.

Contact a Powder Springs Workers’ Compensation Lawyer

For three decades, the experienced attorneys at Sherrod & Bernard, P.C., have been helping injured workers secure the compensation they deserve. If you were injured at work in Powder Springs, let us fight for you. From filing a claim to appealing a wrongful denial, we are ready to help you every step of the way. Call for a free consultation with an experienced workers’ compensation lawyer today.