Welcome to Kaufman Law, P.C., boasting over 45 years of experience in representing workers with work-related injuries in Marietta and throughout Georgia. Our team of work injury lawyers is dedicated to ensuring injured workers and their families receive essential support and legal representation.

Having successfully secured millions of dollars in compensation in workers’ compensation cases, we tailor our approach to meet the unique needs of each Marietta client, offering personalized and effective legal solutions.

Kaufman Law aims to reduce the legal burden for our clients, allowing them to concentrate on recovery. From negotiating with insurance firms to handling necessary paperwork and court representation, our Marietta workers’ compensation attorneys are committed to providing comprehensive guidance and education throughout the legal process.

What is Workers’ Compensation?

In Marietta, GA, workman’s comp is a no-fault insurance program funded by employers, providing medical, rehabilitation, and income benefits for employees injured on the job. This program’s main feature is its no-fault nature, ensuring eligibility for benefits regardless of injury cause, though it generally prevents suing employers for the injury.

Key Aspects of Georgia’s Workers’ Compensation Law

  • Coverage Requirements: Georgia law mandates workers’ compensation insurance for businesses with three or more workers, including part-time staff, safeguarding employees against workplace injuries or illnesses.
  • Reporting Injuries: Prompt reporting of job-related injuries is necessary; delays beyond 30 days may result in forfeited benefits.
  • Medical Care Providers: Employers must inform employees about available medical care providers, offering options like a traditional panel of physicians or a Workers’ Compensation Managed Care Organization (WC/MCO).
  • Covered Medical Treatments: Authorized treatments related to on-the-job injuries, including doctor and hospital bills, physical therapy, prescriptions, travel expenses, and possibly vocational rehabilitation, are covered, with lifetime benefits possible for catastrophic injuries.
  • Income Benefits: Workers unable to work for over seven days due to injury may receive weekly income benefits, typically two-thirds of their average weekly wage, capped at $800.

What Causes Workplace Accidents?

Workplace accidents in Marietta can occur in different settings, from high-risk construction sites to seemingly safer office spaces. Poor ergonomics, insufficient safety measures, and repetitive tasks are among the factors contributing to these accidents.

Common Workplace Injuries

Marietta workers may encounter several common workplace injuries, such as:

Broken Bones

Broken bones frequently result from workplace accidents, often due to slips, trips, or machinery-related incidents. Such injuries can happen in various workplace settings, including construction areas and office spaces. They can range from simple fractures needing little medical intervention to more complex breaks that require surgery and extended rehabilitation periods.

Traumatic Brain Injuries (TBIs)

TBIs in the workplace typically occur from falls or impacts with objects. Ranging from mild concussions to serious brain injuries, TBIs can significantly affect an employee’s cognitive, physical, and emotional health. Some TBIs might necessitate ongoing medical attention, potentially spanning a lifetime.

Spinal Cord Injuries (SCIs)

Often resulting from severe falls or machinery accidents, SCIs in the workplace can cause substantial disabilities, such as varying degrees of paralysis. These injuries generally require significant medical and rehabilitative costs and can profoundly affect the individual’s and their family’s lives.

Work-Related Illnesses

Exposure to harmful substances or poor working conditions can lead to work-related illnesses, including respiratory issues, skin conditions, or certain cancers. Symptoms of these illnesses might not manifest until long after the initial exposure, complicating their connection to the work environment.

Repetitive Strain Injuries

Jobs requiring repetitive movements can lead to RSIs, such as carpal tunnel syndrome, tendonitis, or bursitis. Often manifesting as pain or numbness, these conditions can significantly hinder a worker’s job performance and daily life activities.

Catastrophic Injuries

In more hazardous workplace environments, catastrophic injuries like severe burns or amputations can occur. These injuries require immediate and comprehensive medical attention and often result in long-term or permanent disabilities.

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

Securing a lawyer in Marietta for a workers’ comp claim is important for:

Negotiating with Insurers

Insurance companies in Marietta workers’ compensation cases often aim to reduce payout amounts. A skilled attorney can negotiate effectively with these firms, challenging low offers and pushing for a settlement that adequately covers your losses. They understand the tactics insurers use and can counteract them, ensuring your interests are prioritized.

Securing Fair Settlements

Attorneys ensure you receive comprehensive compensation that encompasses all your damages – physical, emotional, and financial. They calculate the total impact of your injury, including current and future medical expenses, lost wages, and pain and suffering, to secure a fair settlement.

Minimizing Claim Denial Risks

Insurance claims can be denied for many reasons, often unjustly. Legal representation significantly reduces the risk of claim denial. Attorneys ensure all aspects of your claim are accurately presented and backed with strong evidence, adhering to all procedural requirements, thus minimizing the chances of denial.

Appealing Denied Claims

If your claim is denied, an attorney can start the appeals process. They can identify grounds for appeal, gather additional evidence, and represent you effectively in hearings, giving you a better chance of overturning the decision and securing the benefits you deserve.

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

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

Workers’ Compensation as the Exclusive Remedy

Workers’ compensation is typically considered the exclusive remedy for work-related injuries in Georgia. This system ensures workers receive medical and wage benefits without proving fault. However, it also typically 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:

  • Deliberate Injuries by Employers: If an employer in Georgia deliberately 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 appropriate safety gear or physically confronting an employee​​.
  • Third-Party Claims: In cases where a third party causes a work-related injury, like 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, lost wages, and compensation for pain and suffering. For example, if an injury is caused by a defective 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 unavailable through workers’ compensation.
  • Full Compensation: Personal injury claims can provide total 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 responsible for their negligence or wrongful acts, going beyond the employer-employee relationship.

These types of cases in Marietta require skilled legal assistance. At Kaufman Law, P.C., we have over 100 years of combined experience in both workers’ compensation and personal injury law. Our injury lawyers can help you determine the best course of action for your situation and guide you through the legal process to ensure you receive the full work injury compensation you are entitled to.

Call a Marietta Workers’ Compensation Attorney Today

At Kaufman Law, P.C., we offer free consultations to understand your options regarding workers’ compensation and personal injury claims. Our law firm, supported by over 400 positive reviews and millions of dollars in successful case outcomes, is committed to providing the best legal representation for your workers’ compensation or personal injury case. Contact us today for the dedicated legal support you deserve in your workers’ compensation or personal injury claim.

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