Do You Need to Hire an Attorney to File a Workers’ Compensation Claim?

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Not every workers’ compensation case necessitates legal counsel, but many do. Claimants suffering from potentially disabling conditions or injuries with potential third-party liability should discuss their options with a dedicated Georgia workers’ compensation lawyer at Gearhart Law Group

Workers’ Comp Cases Where it’s a Good Idea to Retain an Attorney 

Many workplace injury claims involve minor conditions that resolve within a few weeks. However, claimants with the following complex cases should connect with local counsel to discuss their rights: 

  • Delayed Reporting & Chronic Injuries – Some claimants suffer from worsening injuries related to repeated job functions, including strained necks, backs, and Carpal Tunnel Syndrome. These claims might develop over the years, and many workers attempt to perform through the pain. You may need a workers’ compensation lawyer if you didn’t report your workplace injury to employers within 30 days or insurers/state administrative agencies within one year. 
  • Employer Safety or Legal Violations – Georgia requires all public and private employers with more than three full-time employees to carry workers’ compensation coverage. In exchange for these benefits, employees cannot sue their employers for on-the-job injuries. Exceptions exist, however, if the employer did not carry the proper coverage or serious workplace health and safety violations contributed to your condition. 
  • Third-Party Liability – Consider consulting with a workers’ compensation lawyer if a non-employee – such as an independent contractor, property owner, or driver – caused your injuries. Your attorney can file your workers’ compensation claim and might even demand separate insurance settlements from negligent third parties. 
  • Long-Term & Disabling Conditions – Workers’ compensation can last years and covers two-thirds of your weekly salary (up to $725). As such, insurers often reduce liability by falsely denying your claims or making lowball settlement offers. If you suffered from disabling back injuries, head trauma, fractures, or other conditions at work, protect your long-term recovery rights by working with legal counsel.  

Call Us Today to Speak with a Georgia Workers’ Compensation Lawyer

The experienced Georgia workers’ compensation attorneys at Gearhart Law Group can help potential claimants understand their rights and legal options without any upfront costs. Contact us to schedule your free workers’ compensation application consultation by calling 404 445 8370 or reaching out online

Georgia Workers’ Compensation FAQs

Q. Does workers’ compensation insurance cover all my lost wages? 

A. Injured workers should receive two-thirds (66%) of their average weekly salary, up to $725 per week, calculated based on their previous 13 weeks of income. These calculations may include overtime and last for up to 400 weeks (about 7.5 years).

Q. Should I apply for workers’ compensation or does my employer do it for me? 

A. While employees should report injuries to their employer within 30 days, claimants must file workers’ compensation claims within one year. This often requires employer cooperation, but an attorney can take care of this for you.

Q. Does workers’ compensation cover any injury that prevents me from working my normal job? 

A. Workers’ compensation only covers injuries suffered while working. An attorney can help claimants determine whether they must apply for workers’ compensation benefits or file personal injury litigation. 

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