Welcome to Kaufman Law, P.C., a law firm with over 45 years of experience representing injured workers in Johns Creek and across Georgia. As a devoted team of personal injury attorneys, we make sure that injured workers and their families receive the support and legal representation they deserve after suffering an injury on the job.

We have successfully recovered millions of dollars in workers’ compensation cases, centering our approach around understanding and responding to the unique needs of each client and providing personalized and effective legal solutions.

At Kaufman Law, P.C., we recognize the challenges workers face when dealing with workplace injuries. Our goal is to alleviate the burden of the legal process, allowing our clients to focus on recovery. Whether it’s negotiating with insurance companies, handling necessary paperwork, or representing clients in court, our Johns Creek workers’ compensation lawyers are equipped to educate and guide you every step of the way.

What is Workers’ Compensation?

Workman’s comp in Georgia is a no-fault insurance program provided and paid for by employers. This program offers medical, rehabilitation, and income benefits to employees who suffer injuries or illnesses related to their jobs. The key feature of this system is that it operates on a no-fault basis, meaning employees are eligible for benefits regardless of who is responsible for the injury. In most cases, receiving workers’ compensation benefits precludes an employee from suing their employer for the injury​​.

Key Aspects of Georgia’s Workers’ Compensation Law

  • Coverage Requirements: In Georgia, any business with three or more workers, including part-time employees, must have workers’ compensation insurance. This requirement ensures that employees are covered in case of workplace injuries or illnesses​​.
  • Reporting Injuries: Employees should report any job-related accident to their employer immediately. Failing to report within 30 days may result in a loss of benefits​​.
  • Medical Care Providers: Employers are required to post information identifying available medical care providers. Employees may select from a traditional panel of physicians or use the services of a Workers’ Compensation Managed Care Organization (WC/MCO) provided by the employer​​.
  • Covered Medical Treatments: The workers’ compensation insurance carrier covers all authorized medical treatments related to the on-the-job injury. This includes doctor bills, hospital bills, physical therapy, prescriptions, necessary travel expenses, and potentially vocational rehabilitation. In catastrophic injury cases, lifetime medical benefits may be available​​.
  • Income Benefits: Employees who cannot work for more than seven days due to their injury are entitled to weekly income benefits. These benefits are usually two-thirds of the average weekly wage, up to $800.
Worker hurt at work by falling objects

What Causes Workplace Accidents?

Workplace accidents in Johns Creek can arise from many different workplace scenarios, not just in high-risk environments like construction or industrial sites. Even in seemingly safe workplaces, employees can face risks leading to injuries or work-related medical conditions. Factors such as poor ergonomics, inadequate safety protocols, and even repetitive tasks can contribute to workplace accidents.

Common Workplace Injuries

Employees in Johns Creek may encounter a range of injuries at work, including:

Broken Bones

Broken bones are a frequent outcome of workplace accidents, often caused by slips, trips, falls, or incidents involving machinery. These injuries can occur anywhere from construction sites to office environments. The severity can range from minor fractures requiring minimal intervention to complex breaks needing surgery and prolonged rehabilitation.

Traumatic Brain Injuries (TBIs)

Traumatic brain injuries in the workplace are often the result of falls or being struck by objects. TBIs can range from mild concussions to severe brain damage, affecting a worker’s cognitive functions, physical abilities, and emotional well-being. The consequences of a TBI can be long-term, sometimes requiring lifelong medical care and assistance.

Spinal Cord Injuries (SCIs)

Spinal cord injuries in the workplace are usually associated with severe falls or accidents involving heavy machinery. SCIs can lead to significant disabilities, including partial or full paralysis. The medical and rehabilitative care for such injuries is often extensive and costly, and the impact on a worker’s life and their family can run deep.

Work-Related Illnesses

Work-related illnesses can stem from exposure to hazardous substances or unhealthy work environments. These illnesses might include respiratory conditions, skin diseases, or even certain types of cancer. Often, the symptoms of these illnesses may not appear until years after the exposure, making them challenging to link to the workplace.

Repetitive Strain Injuries

Repetitive strain injuries (RSIs) are common in jobs that require repetitive motions, such as typing or assembly line work. These injuries can lead to conditions like carpal tunnel syndrome, tendonitis, and bursitis, often resulting in pain, numbness, and reduced mobility. While these injuries may seem minor, they can significantly impact a worker’s ability to perform their job and carry out daily activities.

Catastrophic Injuries

Catastrophic injuries in the workplace, such as severe burns or amputations, typically occur in more hazardous work settings. These injuries not only demand immediate and extensive medical treatment but also lead to long-term or permanent disability.

Why Do You Need a Lawyer for a Workers’ Compensation Claim?

While workers’ comp is a no-fault system, having a lawyer is necessary for several reasons:

  • Negotiating With Insurers: Insurance companies may aim to protect their profits and try to minimize payouts.
  • Securing Fair Settlements: A workers’ compensation lawyer can calculate the total amount of your damages and help you receive the full benefits you’re entitled to.
  • Minimizing Denial Chances: Legal representation can reduce the risk of your claim being unjustly denied.
  • Appealing Denied Claims: If your claim is denied, a work injury attorney can guide you through the appeals process.

In Some Cases, You Can File a Personal Injury Claim for Workplace Injuries

In Johns Creek, Georgia, while workers’ compensation provides a safety net for those injured on the job, there are circumstances where filing a personal injury claim is not only possible but advisable.

Workers’ Compensation as the Exclusive Remedy

Typically, workers’ compensation is considered the exclusive remedy for work-related injuries in Georgia. This system ensures workers receive medical and wage benefits without needing to prove fault. However, it also generally means that employees cannot sue their employers for injuries covered under workers’ compensation​​.

Exceptions Allowing for Personal Injury Claims

There are exceptions under Georgia law where an injured worker can pursue a personal injury lawsuit:

  • Intentional Injuries by Employers: If an employer in Georgia intentionally causes harm, such as through egregious or reckless conduct, the employee has the right to file a lawsuit. This includes situations like an employer failing to provide proper safety gear or engaging in a physical altercation with an employee​​.
  • Third-Party Claims: In cases where the work-related injury is caused by a third party, such as an on-site contractor, subcontractor, or a faulty product, the injured worker can file a third-party claim. This claim is in addition to any workers’ compensation benefits and can cover all medical bills and lost wages, as well as compensation for pain and suffering. For example, if an injury is caused by a faulty machine or a toxic substance in the workplace, the worker may sue the manufacturer of the machine or substance​​.

Advantages of Personal Injury Claims Over Workers’ Compensation

Filing a personal injury claim in these scenarios offers several advantages over workers’ compensation claims:

  • Recovery of Non-Economic Damages: Unlike workers’ compensation, a personal injury lawsuit allows for the recovery of non-economic damages, such as pain and suffering, which are not available through workers’ compensation.
  • Full Compensation: Personal injury claims can provide full compensation for all medical expenses and lost wages, which might be limited under workers’ compensation.
  • Holding Third Parties Accountable: These claims can hold responsible parties accountable for their negligence or wrongful actions, going beyond the employer-employee relationship.

These types of cases in Johns Creek require skilled legal assistance. At Kaufman Law, P.C., we have decades of experience in both workers’ compensation and personal injury law. Our personal injury lawyers can help you determine the best course of action for your specific situation and guide you through the legal process to ensure you receive the full work injury compensation you are entitled to.

Call a Johns Creek Workers’ Compensation Attorney Today

If you’ve suffered a work injury in Johns Creek, Georgia, Kaufman Law, P.C. offers free consultations to help you understand your rights and the legal process involved in workers’ compensation and personal injury claims. Our law firm, backed by over 400 positive client reviews and successful case results, is committed to providing legal assistance to guide you through your claim. Contact our workman’s comp lawyers today for the dedicated legal assistance you deserve in your workers’ compensation or personal injury case.

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