Common Causes of Welding Injuries in Savannah Shipyards

Shipyard workers are exposed to numerous hazards and dangerous conditions on shipyards, including welding injuries. The molten metal, heat, ultraviolet light, and combustible materials create a dangerous work environment.

Common causes of welding injuries in the shipbuilding industry include:

• Burns from the ultraviolet radiation emitted during welding can burn exposed skin
• Gas and metal fume toxicity can irritate the eyes, throat, and nose. Long-term exposure could damage the nervous system, liver, and lungs. It can also increase the risk of some types of cancer.
• Electric shock when a welder touches two metal objects with voltage between them.
• Injuries from fires and explosions caused by welding accidents, including igniting flammable substances.
• Welder’s Flash or Arc Eye injuries (i.e., photokeratitis) from the intense flash of ultraviolet radiation from a welder’s torch.

Beyond the immediate injuries caused by welding accidents, welders often suffer from long-term impairments and harm. Welders who suffer from severe burns may have significant disfigurement and nerve damage. A shipyard welder may also sustain noise-induced hearing impairment.

Eye injuries from welding could result in permanent vision loss or blindness. Exposure to toxic fumes and gasses while welding can increase the risk of some types of cancer.

Permanent impairments caused by welding injuries impact your ability to work. Depending on the severity of the welding injuries, a welder may not be able to return to work, or they may be required to take another type of job making less money.

Filing Workers’ Compensation for Welding Injuries in Savannah, GA

Georgia workers’ compensation does not cover welders working in the shipbuilding industry in Savannah. Instead, maritime workers are covered by the Longshore and Harbor Workers Compensation Act (LHWCA). The LHWCA covers longshoremen and other workers who do not qualify as seamen for benefits under the Jones Act.

The LHWCA is like workers’ compensation. It provides injured maritime workers benefits, including:

• Reasonable and necessary medical treatment
• Disability income if your injuries prevent you from working, including total permanent disability if you are unable to perform any job duties
• Vocational rehabilitation to help you transition into another type of job if necessary
• Death benefits if a welder dies because of their injuries

Just like state workers’ compensation, the Longshore and Harbor Workers’ Compensation Act does not compensate a welder for pain and suffering (non-economic) damages. However, if a third party caused the welding accident, the welder may have a third party claim, which could result in additional compensation.

Schedule a Free Consultation with Our Savannah Workers’ Compensation Attorney

Shipyard workers may sustain severe and life-threatening work injuries. Call Parsons Law Group to schedule a free case evaluation with a Savannah workers’ compensation attorney. We fight to obtain the compensation injured ship workers need and deserve.

Common Disputes to Workers’ Compensation Claims in Atlanta & Savannah, GA

The insurance company or your employer may deny your workers’ compensation claim for one or more reasons. Common disputes that could result in a denial or delay of a workers’ comp claim include:

Failing to Report a Workplace Injury or Accident

Workers have 30 days to report a workplace injury or accident to their employer or their immediate supervisor or manager. Failing to report a workplace injury within 30 days could result in losing your workers’ comp benefits.

Report all injuries immediately to your employer. Make notes for your records of the date and time you filed the report and to whom. Ask for a copy of a written report for your records.

Failing to Seek Medical Treatment

Insurance companies use delays in medical care to allege a worker was not injured on the job and/or the injury is not as severe as the worker alleges. Always seek prompt medical care for a workplace injury.

Disputes Related to Employment Status

Workers’ compensation covers employees. It does not apply to independent contractors. An independent contractor is a separate entity or self-employed individual hired by the company to provide specific services. An employer may misclassify an employee to avoid providing workers’ comp and other benefits.

Failing a Drug Test

Your employer may require you to take a drug and/or alcohol test after a workplace injury. If you fail the test, you may not receive workers’ compensation if being impaired caused your injuries.

Talk with a lawyer about obtaining a second drug test from an independent testing facility to verify the results. An attorney may be able to challenge the validity of the results.

Conduct Outside of the Scope of Employment

Workers’ compensation only applies to injuries that occur within the ordinary course of employment. The employer or insurance provider may claim that you were injured while you were off the clock or performing duties not within the scope of your employment.

Missing Deadlines in a Workers’ Compensation Case

If you miss a deadline in your workers’ comp case, your claim will likely be denied. The insurance company or your employer may delay your claim to cause you to miss the deadline. Talk with a lawyer if you are unaware of the deadlines in your case.

What Should I Do if My Workers’ Compensation Claim is Disputed or Denied?

There are other reasons for disputing workers’ compensation, such as pre-existing conditions, providing insufficient information, and lack of causation. Contact a workers’ comp attorney immediately if your claim is denied or disputed. You do not want to miss deadlines for appealing a workers’ comp claim.

Generally, the first step in appealing a denial is to request a hearing before the Georgia State Board of Workers’ Compensation Claims. An attorney may negotiate a fair settlement with the insurance company and your employer.

If the companies continue to dispute your claim, your attorney can pursue the next level of appeal. Remember, you have short deadlines to appeal workers’ compensation denials, so act now.

Schedule Your Free Consultation with Our Atlanta & Savannah Workers’ Compensation Attorney

Your employer or the insurance provider may dispute your workers’ comp claim. If so, you can benefit from working with an experienced Atlanta & Savannah workers’ compensation attorney. Our attorney has substantial experience handling workers’ comp claims and appeals. Contact us today.

What Types of Injuries Do Workers Sustain in Atlanta’s Automobile Manufacturing Plants?

Injuries in automobile manufacturing plants range from minor cuts and bruises to catastrophic injuries. Common injuries workers sustain in automobile manufacturing plants include:

• Severe burns
• Traumatic brain injury
• Soft tissue injuries
• Loss of hearing or vision
• Exposure to harmful chemicals
• Fractured, crushed, and broken bones
• Electrocutions and electrical injuries
• Neck and back injuries
• Paralysis and spinal cord injuries
• Amputations and loss of limbs
• Injuries to internal organs
• Repetitive strain injuries

Report your injuries to your employer as soon as possible. Call 911 or go directly to the emergency room if you require emergency medical treatment. Your employer should provide a list of medical care providers for you to choose from if you do not require emergency medical treatment for a workplace injury.

Common Causes of Injuries in Automobile Manufacturing Plants in Atlanta, GA

Workplace injuries happen for many reasons. Common reasons auto workers are injured on the job include:

• Fatigue
• Improper training
• Defective machinery
• Insufficient safety equipment
• Slip and fall accidents
• Explosions and fires
• Caught in/stuck between accidents
• Transportation accidents
• Chemical leaks and spills
• Electrical hazards
• Overexertion and repetitive stress
• Noise hazards
• Falling objects

When an auto worker is hurt on the job, they may be entitled to workers’ compensation benefits. Unlike a personal injury claim, they do not need to prove fault to receive benefits. However, they will need to establish they were injured during the ordinary course of their employment.

Types of Compensation an Auto Worker Can Receive a Workplace Injury

Most employers in Georgia have workers’ compensation insurance. The first step for an injured auto worker is to file a workers’ comp claim. Another option to explore is a personal injury lawsuit against a third party who caused your injuries.

Workers’ Compensation for Injuries at Automobile Manufacturing Plants

Workers’ compensation provides benefits to help injured workers recover and return to work. An injured auto worker may receive workers’ comp benefits such as:

• Medical benefits to pay for reasonable and necessary medical care
• Temporary disability benefits if the worker cannot work during their recovery
• Rehabilitation coverage
• Permanent disability benefits
• Death benefits for surviving members

Workers’ compensation does not compensate you for all losses. However, it is a no-fault system, so you can be partially to blame for your injury and recover benefits. You also do not need to prove someone caused your injury to receive benefits.

Third Party Claims for Injuries at Automobile Manufacturing Plants

The personal injury claim could result in additional compensation. Third party claims include economic damages for all monetary losses. They also include non-economic damages for pain and suffering, which are not included in workers’ compensation claims.

However, you must prove that a third party caused your injuries. Additionally, your damages could be reduced if you are partially at fault.

Generally, you cannot sue your employer if you are covered by workers’ compensation insurance. You can sue third parties who caused your injuries. An example is suing a product manufacturer when a defective tool causes your injuries.

An experienced workers’ comp attorney will review your case and advise you of all options to receive money for your claim.

Schedule a Free Consultation With Our Atlanta Workers’ Compensation Attorneys

Injuries in Atlanta automobile manufacturing plants can result in life-altering conditions. Call Parsons Law Group to schedule a free case evaluation with our Atlanta workers’ compensation attorneys to discuss your legal options for receiving benefits and compensation.

What Is the Return-to-Work Program For Workers’ Compensation in Georgia?

Workers’ compensation aims to help an injured worker recover from a workplace accident or illness so they can return to their normal activities and work. According to the RTW Program literature, people recover quicker if they remain active and return to normal activities as soon as possible. However, injured workers may be unable to return to regular work duties.

In that case, the Return-to-Work Program works with the employer and the employer to develop transitional employment that helps the worker bridge the gap between full recovery and regular employment. The workers’ treating doctor must approve the temporary assignments.

How Am I Paid if I Participate in a Right-to-Work Program?

If you earn the same income you did before your injury, your workers’ compensation income benefits terminate. However, if you earn less than you did before the injury, you may receive temporary partial disability (TPD). These benefits compensate you for two-thirds of the difference between what you earned before your injury and what you earn during transitional employment.

What Are the Steps for Returning to Work Before Maximum Medical Recovery?

Your doctor must approve you for “light duty” or transitional employment. The steps involved in return to work for transitional employment include:

• Determine whether the worker’s injuries allow them to perform any job duties
• Determine whether the employer can reasonably accommodate the restrictions
• Obtain a detailed light duty job description from the employer explaining the essential job duties, rate of pay, and hours to be worked
• The worker’s treating physician must review and approve the proposed job duties based on the worker’s current condition, limitations, and restrictions

Returning to work on light duty can help the employee earn more than they would receive for temporary total disability benefits. It could also help them heal and recover quickly. However, a worker may have problems.

O.C.G.A. §34-9-240 states what happens if an employee refuses to return to suitable employment offered by the employer. If the worker returns to work and leaves before completing the workday or refuses to attempt light duty, an employer could terminate or suspend their workers’ compensation benefits.

If you believe you are being forced back to work before you can safely resume your work duties, talk with a workers’ compensation attorney immediately. An attorney can help you take steps to protect your right to workers’ comp benefits while protecting your health and recovery.

Schedule a Free Consultation With Our Atlanta & Savannah Workers’ Compensation Attorneys

Navigating worker’s compensation can be challenging. You may be presented with several options, including return-to-work programs. Call Parsons Law Group to speak with one of our experienced Atlanta & Savannah return-to-work programs attorneys. We fight to protect your right to all benefits and compensation you deserve after a workplace accident.

The Jones Act (Merchant Marine Act of 1920)

The Jones Act covers seamen injured while they are at work. Unlike workers’ compensation, the Jones Act gives seamen grounds to bring a negligence claim against their employer and other parties who caused their injuries. A seaman must prove negligence to recover compensation for their work injuries, which is more like a personal injury claim than a workers’ comp claim.

A seaman is generally defined as a maritime worker who spends at least 30% of their time working on a vessel on navigable waters. If they do not meet this qualification, they can try to file a claim under the Longshore Act.

The Jones Act provides seamen with maintenance and cure benefits. Maintenance compensates them for their living expenses while they cannot work. Cure compensates them for their medical expenses.

A seaman can also recover additional compensation if they prove their employer was negligent, including pain and suffering. Family members can file wrongful death claims under the Jones Act if their loved one dies because of work-related injuries.

The Longshore and Harbor Workers Compensation Act

The Longshore Act covers workers who do not qualify as a seaman for benefits under the Jones Act. The Longshore Act covers maritime workers in Georgia who were injured on the job while working:

• In areas adjoining navigable waters, such as loading docks, shipyards, and repair facilities; and,
• On navigable waters throughout the state.

Examples of maritime workers covered by the Longshore Act include longshore workers, harbor construction workers, ship repair workers, shipbuilders, and shipbreakers. Stevedores, harbor workers, and harbor railway workers are also covered.

The Longshore Act is similar to state workers’ compensation coverage. Injured maritime workers can receive several types of benefits for a maritime injury.

Benefits under the Longshore Act include medical treatment, rehabilitation services, and disability payments. However, workers do not receive compensation for their pain and suffering damages. If a maritime worker dies because of a work-related injury, family members may receive wrongful death benefits.

What Should Maritime Workers Do After a Work-Related Injury?

If you are injured on the job, report the injury to your supervisor or captain immediately. You need to seek immediate medical treatment for your injuries and follow your doctor’s treatment plan.

It is also helpful to collect evidence. Take photos of the accident scene and make a video with your cell phone if possible. Ask everyone who witnessed the accident to provide their contact information.

Your employer and the insurance provider may want you to provide a statement. It is best to seek legal counsel before making a statement. An attorney can help you review your options for compensation and help you protect your legal rights.

Schedule a Free Consultation With Our Savannah Workers’ Compensation Attorneys

Maritime workers deserve to be compensated fairly for on-the-job injuries. Call Parsons Law Group for a free case evaluationfrom an experienced Savannah workers’ compensation attorney. 

What Is an Independent Medical Examination?

O.C.G.A. §34-9-202 An IME is conducted by a physician who has not been involved in your work-related injury case. The exam is intended to be a neutral evaluation of your injuries and impairments. An IME is conducted to obtain an unbiased and accurate assessment before proceeding with a claim or to assess permanent impairments.

The objective of an IME is to resolve medical disputes between the workers’ compensation provider and the employee. Issues that an independent medical examination may address include, but are not limited to:

• The type of injuries sustained by the work
• The severity of impairments or disability
• The probable cause of an employee’s injury
• Whether an employee can perform their work duties or any tasks
• Confirm the procedures and treatments are necessary
• When a worker may be able to return to work
• Whether additional medical treatment or procedures may be effective

When the workers’ compensation insurance company requests an IME, the employee receives notice of the examination. They must attend or they could lose their workers’ comp benefits. The workers’ compensation provider chooses the doctor to perform the IME.

An employee may request an IME if they have received income benefits within the past 12 days. The employee may choose a doctor near them to perform the IME. The insurance company or employer must cover the cost with some limitations.

What Happens After an Independent Medical Examination in Atlanta & Savannah, GA?

The medical examiner issues a report with their findings. The IME report may confirm the findings of the treating physician. If so, the employee may continue to receive workers’ compensation benefits.

However, the IME report may contradict the findings of the treating physician. If so, the workers’ comp insurance company may deny the claim or terminate benefits. If you disagree with the findings of the IME, your attorney can appeal the results.

Do I Need an Attorney for an IME in a Georgia Workers’ Compensation Case?

You are not required to hire an attorney if you are notified of an independent medical examination. However, IMEs may not always be neutral and unbiased. The doctors are chosen and paid for by the insurance company. Therefore, the insurance company chooses doctors with a reputation of being favorable to employers.

An experienced workers’ comp lawyer prepares you for what to expect at the IME, including do’s and don’ts of independent medical examinations. Your attorney also helps you arrange an IME with a doctor of your choosing and prepare an appeal, if necessary.

Contact Parsons Law Group for More Information About Atlanta & Savannah Workers’ Compensation Claims

If you were injured on the job, you need all the benefits and compensation allowed by law. Call Parsons Law Group to discuss your legal options and rights with an experienced Atlanta & Savannah workers’ compensation attorney. Schedule your free consultation today. 

Gathering Evidence to Document a Workplace Injury in Georgia

When you are injured in a workplace accident, take the following steps to document your work injury:

Report Your Injury

Immediately notify your employer about your accident and injury. Georgia workers’ compensation laws require employees to report injuries to their employers within 30 days of an accident or diagnosis to be eligible for workers’ comp benefits. The insurance company has 21 days to investigate your injury when you file a claim.

Seek Prompt Medical Treatment

Your employer must provide a list of at least six approved doctors for medical care. If you choose a doctor not on the list, the workers’ compensation insurance provider may not be responsible for your medical bills. However, if you need emergency medical treatment, you can go to the nearest emergency room for treatment.

Prompt medical treatment ensures your injuries are documented for a workers’ compensation claim. The records help you prove your injuries are work-related.

Document Your Time Off Work

Keep detailed employment records, including copies of time cards and pay stubs. These documents help prove you were on the job at the time of the work injury. They are also essential in establishing your average weekly wages for disability and wage replacement benefits. Keep detailed records of all time missed from work because of your work injury.

Witness Statements

Collect contact details of any witnesses present when you were injured. Witness statements help prove that you were working when you were injured and how the injury occurred.

Photographs and Videos

Collect photographs of the accident scene and secure videos from security cameras. The photos and videos can help prove you were engaged in job tasks when you were injured. They also help establish the severity of the accident. For third-party claims, this evidence can help prove that a third party could be liable for your damages.

Copies of Medical Records

Keep copies of all medical records related to your work injury, including treatment plans and bills. Following your doctor’s treatment plan is essential to protect your right to workers’ comp benefits.

Copies of Reports and Forms

Keep copies of all workplace injury reports and forms you complete after a work-related injury. Having copies of injury reports helps prove that you reported the incident to your employer within 30 days. It also backs up your initial statement about what happened at work to cause your injuries.

Contact Our Georgia Workers’ Compensation Attorneys for Help

If you are injured at work, you have the right to file a workers’ compensation claim. However, your employer and the insurance company may not treat you fairly. Call Parsons Law Group to discuss your claim with an experienced Atlanta and Savannah workers’ compensation attorney. We can help you get the benefits you deserve after a work-related injury.

What First Responders Should Do After a Work-Related Injury?

If you are a firefighter, police officer, emergency medical technician (EMT), or other first responder, it is crucial that you take specific steps to protect your rights. Document your injuries by seeking immediate medical treatment. You need medical records to help prove that your injury occurred at work.

Report your injuries to your employer as soon as possible. Workers must report injuries within 30 days, or they could lose their workers’ compensation benefits.

First responders only have one year from the injury date to file a workers’ compensation claim. A workers’ comp attorney can help you prepare and file a workers’ compensation claim to receive benefits after a workplace injury.

Common Injuries Sustained by Firefighters, Police Officers, and Other First Responders

First responders face hazardous conditions on the job. Common causes of first responder injuries and deaths include:

• Being struck by vehicles
• Serious burns
• Slips, trips, and falls
• Exposure to hazardous materials
• Violence and assault
• Overexertion injuries
• Blunt force trauma
• Heat exhaustion

Many of the injuries sustained by first responders are caused by job hazards. However, third parties may negligently cause injuries to first responders.

Workers’ Compensation for First Responders in Georgia

First responders may receive workers’ compensation benefits for work-related injuries. Examples of workers’ comp benefits for first responders include:

• Medical Benefits – Workers’ compensation pays for reasonable and necessary medical treatment
• Weekly Income Benefits – If a first responder cannot work because of a work injury, they may receive temporary disability benefits. Weekly income benefits are based on two-thirds of your average weekly wages.
• Job Training – If a first responder cannot return to their job, they may receive training to obtain a different job when they are ready to return to work.
• Permanent Disability Benefits – When a first responder cannot work because of their injuries, they may receive permanent disability benefits. The benefits are based on your average weekly wages and the exact injury you sustained at work.
• Death Benefits – When first responders die on the job, their family members may receive death benefits.

Unfortunately, first responders may not receive compensation for all injuries. For example, PTSD and other psychological injuries are common among first responders. Workers’ compensation has traditionally not covered these injuries.

However, Georgia first responders may be eligible for supplemental benefits for post-traumatic stress disorder. The governor signed a bill that required municipalities and other employers to provide a one-time cash benefit for responders diagnosed with mental stress disorder. The benefits are provided by local governments instead of workers’ compensation insurance.

An experienced Atlanta and Savannah workers’ compensation lawyer can review your claim to determine what types of benefits you can receive and whether your injuries are covered.

Contact Us to Speak With a Georgia Workers’ Compensation Attorney About Your Claim

If you are a first responder injured at work, we can help. Call Parsons Law Group to speak with a Georgia workers’ compensation attorney about your legal options. We are here to simplify the workers’ compensation process for first responders and injured workers.

Common Causes of Eye Injuries for Welders and Metalworkers

Eye injuries are common among welders and metalworkers. Common causes of eye injuries at work include:

• Exposure to ultraviolet (UV) radiation from welding arcs (i.e., flash burns and arc eye)
• Chemical exposure from fumes
• Improper eye protection (i.e., lack of personal protection equipment or PPE)
• Dust and particulate matter from cutting and grinding
• Small pieces of slag produced during welding can get into the eyes
• Blunt trauma from a blow to the eye
• Splashes of molten metal particles into eyes

Welders work in numerous industries. Welders may suffer eye injuries working in construction, shipbuilding, oil rigging, manufacturing, and shipbuilding.

Metalworkers and welders in any industry are at risk of eye injuries. Other common welding injuries include burns, electric shock, respiratory issues, lacerations, fractures, hearing loss, and other traumatic injuries.

Welders can decrease the risk of eye injuries by wearing appropriate eye protection. Employers are required to provide workers with safety gear to perform their jobs. They must also provide adequate training on how to use safety equipment to reduce the risk of injuries.

Georgia Injured Welders and Metalworkers Have Rights

If you sustain an eye injury or other injury on the job, you may be entitled to workers’ compensation benefits if you file a claim. Welders must report eye injuries and other accidents to their employers within 30 days, or they could lose their workers’ comp benefits.

If you require emergency medical services, go to the nearest emergency room for treatment. After receiving emergency care, you must choose a doctor from the list provided by your employer. The insurance company is not responsible for paying medical bills from unapproved medical providers.

File a claim with the Georgia State Board of Workers’ Compensation. Your employer should provide the claim forms, or you can request them from the state. Keep copies of all documents related to your claim and continue care with your medical providers.

What Types of Workers’ Compensation Benefits Can a Welder or Metalworker Receive for an Eye Injury?

If your eye injury occurred on the job, you could receive workers’ comp benefits, including:

• Medical Benefits – The workers’ comp insurance company pays for reasonable and necessary treatment for your eye injury.
• Wage Loss Benefits – If you miss work because of an eye injury, you can receive temporary disability income. Wage replacement is based on two-thirds of your average weekly wages.
• Rehabilitation and Career Training – An eye injury may prevent you from returning to welding. If so, you may receive compensation to learn a new skill to earn an income.
• Permanent Disability Benefits – If your eye injuries cause permanent disabilities, you can receive disability benefits based on the severity of your injury and other factors.

If a welder or metalworker sustains an eye injury because of the negligence of a third party, they may be entitled to additional compensation. Third-party claims may result in economic and non-economic damages. An attorney can evaluate your welding accident to determine all claims you can file to receive benefits and compensation for damages.

Contact Our Atlanta Workers’ Compensation Attorneys for Help

If you were injured at work in a welding accident or other incident, you may be entitled to benefits and compensation for your injuries. Call Parsons Law Group to schedule a meeting with our Atlanta workers’ compensation attorney. We will help you protect your rights after a workplace injury.

That’s why our Atlanta and Savannah workers’ comp attorneys are here to explore how workers’ compensation works for truck drivers and provide actionable steps to help protect your rights after an injury.

How Workers’ Compensation Works in Georgia

In Georgia, any company with three or more employees is required to carry workers’ compensation insurance. Unlike standard personal injury claims, where you must prove the other party acted in a negligent manner, workers’ comp is a no-fault system, which means you don’t have to prove your employer was responsible for your injury to receive benefits. 

But to get the benefits you need to weather this storm, you must understand how it all works. Let’s take a look.

What Benefits Are Available to Injured Truck Drivers?

The worker’s comp system is designed to help you get back on your feet after a work-related injury. Injured truck drivers may be entitled to these types of benefits:

• Medical Care: This can include doctors’ visits, surgeries, physical therapy, and medications to treat your injury. For serious or ongoing conditions, future medical expenses are also covered.
• Weekly Income Benefits: If your injury temporarily keeps you from working, you may qualify for Temporary Total Disability (TTD) benefits, typically two-thirds of your average weekly wage, up to Georgia’s maximum limit.
• Vocational Rehabilitation: If you can’t safely return to driving, workers’ comp may fund training for a new career path.
• Permanent Disability Benefits: Lasting impairments from your injury can qualify you for additional compensation, determined by how the disability affects your ability to work.

Available benefits vary based on your circumstances, so it’s important to talk with an experienced workers’ compensation attorney to determine your rights.

When Are Truck Driving Accidents Considered Work Injuries?

Not every injury sustained by a truck driver qualifies as a work-related injury under Georgia workers’ compensation laws. Determining whether an accident is covered often depends on whether it occurred during the scope of your employment. Let’s take a look at when truck driving accidents are—and aren’t—considered work injuries.

Covered Incidents

Truck driving isn’t your standard 9-5 job where you operate within strict confines. Drivers often face unique situations on the job, and injuries that occur during work-related activities are typically covered under Georgia workers’ compensation laws. Here are some examples of activities that may qualify for coverage:

• Accidents that happen while driving to a delivery, loading cargo, or performing maintenance on a company rig.
• Injuries during mandatory rest stops if they don’t violate work policies or fall outside of your work responsibilities.
• Activities that your employer requests, even if they call a little outside your routine duties.

If your accident falls within these categories, it is likely considered work-related, making you eligible for workers’ compensation benefits.

Excluded Incidents

Some incidents may be considered “outside the scope of employment” and, therefore may not qualify for benefits. These can include:

• Detours or errands unrelated to your job.
• Injuries caused by actions like drunk or drugged driving or other activities in violation of the law or company policies.
• Accidents occurring outside of work hours or responsibilities.

If you’re unsure whether your injury qualifies, talking to our Atlanta and Savannah workers’ compensation attorney can help you get clarity.

Steps for Filing a Workers’ Compensation Claim

Filing a workers’ compensation claim after a truck driving injury in Georgia may seem confusing, but following these simple steps will help protect your rights and ensure you receive the benefits you deserve. Here’s what you need to do:

• Report the Injury: Let your employer know about the injury as soon as you can, but no later than 30 days after the accident. 
• See a doctor: You can see the doctor of your choosing, but you may also need to see a doctor from your employer’s authorized list of medical providers to ensure your treatment complies with workers’ comp requirements.
• File your workers’ comp claim: Your employer will have paperwork you’ll need to complete for their insurance carrier to start the claims process. Be as thorough and accurate as possible to avoid delays or denials.
• Respond to Denials: It’s not uncommon for claims to be denied. If your claim is denied, don’t worry–you have the right to appeal.

Promptly taking these steps can make a big difference in the outcome of your case, and if you need guidance at any stage, Parsons Law Group is here to help you through the process and secure the compensation you deserve. Contact us today for a consultation.

Whether you work at a distribution center as your full-time job or have a part-time job during the holidays, you need to know what to do if you are injured. The holiday delivery rush can increase the risk of distribution center injuries. Companies like Amazon promise prompt delivery, which puts employees in a position to work faster than usual as orders increase during the holidays.

In this blog, our Savannah and Atlanta workers’ compensation attorney discusses distribution center injuries during the holiday delivery rush. He explains what you should do if you are injured working in a distribution center to protect your rights.

Accident Risks Increase at Distribution Centers During the Holiday Rush

Amazon and other retailers are flooded with orders during the holidays. The period between Black Friday and Christmas is the peak holiday shopping season.

As the holiday draws closer, last-minute shoppers scramble to place last-minute online orders for fast delivery. That means distribution center workers are required to work extra shifts and at a faster pace.

Workers increase their hours, performing repetitive tasks for longer hours. Doing so can increase the risk of repetitive motion injuries. Slip and fall accidents also increase as workers rush from one place to another to pull orders. Rushing to pick stock can result in falls from ladders.

Forklift accidents may also increase in distribution centers as drivers rush to move orders to trucks and inventory around the center. The drivers may not pay enough attention to other workers in the area.

Extra inventory means more boxes in the distribution center, creating tripping hazards if the boxes are left in the aisles. Extra inventory may be added, which could increase the risk of being struck by a falling item.

What Should I Do After a Distribution Center Accident in Georgia?

Workers’ compensation insurance should cover you if you work at a large company like Amazon. Distribution center injuries must be reported to your employer or supervisor within 30 days, or you could lose your workers’ compensation benefits.

Seek immediate medical treatment for distribution center injuries. Your employer is required to post a Traditional Panel of Physicians or the name of the Workers’ Compensation Managed Care Organization. You must choose a doctor from the list of approved physicians for workers’ compensation to pay your medical bills.

If you cannot work because of your injuries, you can receive temporary disability benefits. These benefits equal two-thirds of your average weekly wages up to the state maximum amount. You can receive weekly benefits for up to 400 weeks. Catastrophic injuries could result in lifetime benefits.

Distribution center injuries that result in permanent impairments may qualify for permanent disability benefits. The benefits you receive depend on the type of injury you sustain and your average weekly wages.

You have the right to consult an attorney at any time during your workers’ compensation case. It is wise to talk with an attorney to ensure you understand your rights after a workplace injury, especially if you sustain a severe injury.

Call for a Free Consultation With Our Savannah Workers’ Compensation Attorneys

At Parsons Law Group, we handle all types of distribution center injury claims. Contact our office to schedule a free case review with an experienced Georgia workers’ compensation attorney. Let us help you receive the benefits you need and deserve.

Some workplace injuries may result in temporary total disability, meaning you cannot perform any work while you are recovering. However, your doctor might say you can return to light-duty work. If so, there are some things you need to know about light-duty work and workers’ comp in Georgia. Our Savannah workers’ compensation attorney explains what you need to know about light-duty work in this blog.

What Is Meant by Light Duty Work in a Georgia Workers’ Compensation Case?

Light duty work is a temporary job your employer assigns you after a workplace accident because you cannot perform your regular job duties. The type of light work assigned depends on the work restrictions ordered by your physician. Light duty work may include reduced hours, special accommodations to allow you to perform the duties or less physically demanding tasks.

Generally, as your condition improves, your physician may remove some work restrictions. If so, your employer may change the light-duty work assignment to accommodate your ability to perform additional tasks.

Light duty work allows employees to work in a limited capacity without risking further injury. An employer must offer light-duty work that complies with the restrictions and limitations prescribed by the employee’s doctor.

What Happens if the Doctor Says I Can Return to Work on Light Duty?

Your employer must complete a WC-240 form to be approved by your physician. The form informs you that your employer has light-duty work available that adheres to your restrictions and limitations. The form also has a description of the work and job duties.

If you return to light duty, your temporary total disability (TTD) benefits end. However, you may be entitled to temporary partial disability benefits.

Your employer cannot ask you to perform any duties outside of the job description on the WC-240. You can refuse to perform work outside of the job description on the WC-240 and apply to reinstate your TTD benefits. Also, if your employer lied about having light duty work to stop your disability benefits, you can request your TTD benefits be reinstated.

Temporary Partial Disability Benefits and Light Duty Work

If you earn less on light duty than before your work injury, you are entitled to temporary partial disability (TPD) benefits. The amount you receive for TPD benefits equals 2/3 of the difference between your pre-injury wages and your light-duty wages up to the state maximum amount for TPD.

You can receive TPD benefits for a maximum of 350 weeks from the injury date. After 350 weeks, you may need to apply for permanent disability benefits if you cannot return to your pre-injury job.

What Happens if I Refuse Light Duty Work After a Workplace Accident?

Georgia workers’ comp laws require that you try to perform light-duty work. If you refuse light-duty work, your workers’ compensation ends immediately.

You have 14 days to try to perform the light-duty tasks. If your injuries will not allow you to perform the light-duty work described on the WC-240, talk with your doctor immediately. You may be able to get your TTD benefits reinstated.

Contact Our Office for a Free Consultation With Our Savannah Workers’ Compensation Attorneys

Are you having trouble with your employer denying you working accommodations after a workplace accident? If so, we can help. Call Parsons Law Group to schedule a free case evaluation with an experienced Savannah workers’ compensation attorney.

When you are injured on the job in Georgia, you can apply for workers’ compensation benefits. Benefits pay your medical bills and a portion of your loss of income. You can receive disability benefits until you return to work. However, Georgia workers’ compensation laws limit the number of weeks you can receive disability benefits. Our Savannah and Atlanta workers’ compensation attorney explains the time limits for benefits below.

Receiving Weekly Wage Benefits After a Workplace Accident in Georgia?

Workers’ compensation provides temporary total disability (TTD) benefits if your work injury prevents you from returning to work during recovery. You can receive TTD benefits after being out for seven days. If you are out for over 21 days, you are paid for the first seven missed work days.

The amount of TTD benefits equals two-thirds of your average weekly wages before your injury. You can receive TTD benefits for a maximum of 400 weeks.

If your doctor releases you to light-duty work, you may qualify for temporary partial disability (TPD) benefits. The amount you receive depends on your earnings on light duty. Your TPD benefits equal 2/3 of the difference between your light duty and pre-injury wages. You can receive TPD benefits for up to 350 weeks.

How Long Will I Receive Weekly Wage Benefits for Workers’ Compensation in Georgia?

The duration of your disability benefits is based on the factors in your case. The severity of your injury and the duration of your recovery are significant factors. How your injury impacts your ability to work and whether you have a permanent disability are also factors. If you sustain a catastrophic injury that results in permanent disability, you may receive weekly wages for the rest of your life.

What Happens When Weekly Wages Run Out for Workers’ Compensation Claims in Georgia?

You can receive temporary disability benefits for workers’ compensation until:

• You reach 400 weeks of temporary total disability or 350 weeks of temporary partial disability
• You return to work earning the same income you did before the injury
• Your doctor releases you to return to work without restrictions
• You have reached maximum medical improvement

Maximum medical improvement (MMI) is when your doctor states no further treatment or time is expected to improve your condition. MMI may mean a full recovery with no lasting impairments. It can also mean you are totally or partially disabled.

If you reach the maximum number of weeks for disability benefits and cannot return to work, your doctor must evaluate you for permanent disability benefits. The length of time you receive permanent disability benefits depends on whether you have a partial or total impairment.

Total impairment generally qualifies for lifetime weekly benefits. The duration of benefits for a partial impairment depends on the body part and the percentage of the impairment.

Contact Us for a Free Consultation With Our Savannah Workers’ Compensation Attorneys

If you are nearing the end of your time to stay on workers’ compensation in Georgia, the insurance company might offer you a settlement. Before you accept a workers’ compensation settlement, talk with our attorneys to ensure the settlement is fair. Call us to schedule a free case evaluation with an experienced Savannah and Atlanta workers’ compensation attorney.

Being injured on the job can turn your life upside down. Medical bills and lost wages can create a financial crisis. Georgia workers’ compensation insurance provides benefits to help injured workers recover after a workplace accident. However, workers’ compensation laws treat independent contractors and employees differently. Find out the difference in this blog by our Savannah workers’ compensation attorneys.

What Is the Difference Between an Independent Contractor and an Employee?

An independent contractor is a person hired by a company to perform specific work for the company. Typically, the person is self-employed. Instead of paying independent contractors wages, the company pays them as they would a supplier or vendor and reports the payment on a 1099-tax form. The company does not control how the independent contractor performs the work. The agreement states the terms for the finished product or service.

A company hires an employee to perform certain types of work. The company tells the worker how to perform their job and when to be at work. The company pays employees wages that are reported to the government on a W-2 tax form.

Are Independent Contractors Covered by Workers’ Compensation in Georgia?

Employers are not required to provide workers’ compensation for independent contractors. Generally, workers’ compensation only applies to employees. Therefore, an independent contractor injured on the job would not receive workers’ compensation benefits.

Some employers may misclassify employees as independent contractors to avoid liability for injuries and taxes. If you believe your employer has misclassified you as an independent contractor, contact an employment law attorney for help.

What Can an Independent Contractor Do if They Are Injured on the Job?

Typically, employees covered by workers’ compensation cannot sue their employers. However, an independent contractor can sue a company or individual that caused the contractor’s injuries through negligence, intentional torts, or other wrongdoing.

A personal injury lawsuit provides more compensation than workers’ comp. The independent contractor could receive economic damages for medical bills, out-of-pocket expenses, lost wages, and other financial losses.

A personal injury claim may also provide non-economic damages for pain and suffering. Workers’ compensation does not pay for an employee’s pain and suffering damages.

What Types of Benefits Can Employees Receive if They Are Injured on the Job?

Workers’ compensation is an insurance program. Georgia companies with three or more employees must have workers’ compensation insurance coverage.

An injured employee can receive benefits including:

• Medical Benefits – Workers’ compensation pays for necessary and reasonable medical treatment for the employee.
• Supplemental Income Benefits – If you cannot work because of a work injury, you can receive temporary disability payments. The payments equal two-thirds of your average weekly wages.
• Rehabilitation Services – Workers who sustain a catastrophic injury may receive rehabilitation services to help them obtain and maintain employment.
• Permanent Disability Benefits – You may be entitled to additional compensation if your workplace accident causes a permanent impairment.

Workers must report an accident or injury to their employer within 30 days. Failure to report an injury could result in losing workers’ compensation benefits.

Contact Our Savannah Workers’ Compensation Attorneys for More Information

If you were injured on the job in Georgia, you may have one or more options to recover compensation for your injuries. At Parsons Law Group, we help independent contractors file claims and lawsuits seeking damages. Call now to speak with a Savannah workers’ compensation attorney.

Most workers in Georgia are covered by workers’ compensation insurance. If an injured employee cannot work because of their injury, they may be entitled to loss of income benefits. In this blog, our Savannah workers’ compensation attorneys discuss what you should know if you can’t work due to your workplace injury.

What to Do After a Workplace Accident in Georgia?

If you cannot work because of workplace injury, you may receive disability payments. However, you must follow specific steps to protect your right to benefits.

After an injury on the job, workers must:

• Report the injury to your employer immediately. Under Georgia law, you have 30 days to report an injury to your employer. Failing to report the incident before the deadline could result in the loss of supplemental income benefits.
• If you require emergency medical treatment, go to the nearest hospital or urgent care facility. For injuries that do not require emergency care, you must choose a doctor from an approved list provided by your employer.
• Inform all medical providers who treat your work injuries that your injuries occurred while you were at work.
• File a claim with the Georgia State Board of Workers’ Compensation. Your employer should provide you with a Notice of Claim form.
• Follow all instructions from your physicians for your treatment plan, including when to return to work.

You may also want to discuss your workers’ compensation claim with an attorney. Understanding your rights and legal options is the best way to ensure you receive the benefits you are entitled to under the law.

Georgia Temporary Disability Benefits After a Workplace Injury

If you are out of work for more than seven days because of a work-related injury, you are entitled to receive temporary disability benefits. You should receive your first check about three weeks after you report your work injury. If you are out of work for over 21 days, you should receive compensation for the first seven days of missed work.

The amount of your supplemental income benefits depends on your level of disability and your average weekly wages. Total temporary disability equals two-thirds of your average weekly wages, subject to a state maximum cap.

Suppose your injury permits you to return to work with restrictions. In that case, you may receive temporary partial disability benefits if you do not earn as much as you did before the injury. The benefits equal two-thirds of the difference between your income before your injury and your income with work restrictions.

Georgia Permanent Disability Benefits After a Workplace Injury

Some workplace injuries may result in permanent disabilities. If you sustain a permanent disability, you should receive permanent disability benefits. Permanent disability benefits equal two-thirds of your average weekly wages for a specific number of weeks. The number of weeks you receive benefits is based on your impairment rating and the affected body part.

If you lose vision in both eyes or use more than one major body part, you may receive total disability benefits. Total disability benefits are also based on two-thirds of your average weekly wages. However, you receive total disability benefits for life.

Get More Information During a Consultation With Our Savannah Workers’ Compensation Attorneys

If you cannot work because of a work injury, you may be eligible for loss of income benefits. Call Parsons Law Group to speak with an experienced Savannah workers’ compensation attorney. We can help you file a claim seeking the maximum benefits for a workplace accident.

Longshoremen and other workers injured on the job may be entitled to compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The law is similar to Georgia’s workers’ compensation laws but is designed for maritime workers who do not qualify for state workers’ compensation benefits. In this blog, our Savannah longshore injury attorneys discuss what you need to know about the LHWCA.

Who is Covered by the Longshore and Harbor Workers’ Compensation Act?

Maritime workers covered by the Longshore and Harbor Workers’ Compensation Act include individuals working on navigable waters. It also includes workers whose job is in areas adjoining navigable waters, such as docks and harbors.

Individuals covered by the LHWCA include:

• Longshore workers
• Harbor workers
• Stevedores
• Workers who build or repair ships
• Harbor railway workers
• Harbor construction workers

The LHWCA provides benefits to injured longshoremen and other workers who do not qualify as seamen. A seaman spends at least 30% of their time working on a vessel on navigable waters. An injured seaman can sue for damages under The Jones Act.

What Benefits Are Available for Injured Longshoremen?

You can receive several types of benefits under the Longshore and Harbor Workers’ Compensation Act. Those benefits include:

Medical Care

Injured longshoremen can receive paid medical care for on-the-job injuries. The medical treatments must be reasonable and necessary. Examples of medical care include, but are not limited to, hospitalizations, doctor’s bills, physical therapy, diagnostic tests, and medications.

Disability Income

If your injury prevents you from working, you can receive temporary disability benefits. The benefits are based on two-thirds of your average weekly wages, subject to maximum and minimum rates. If your injury allows you to work but cannot earn as much as you did before the injury, you can receive temporary partial disability benefits. The amount is based on two-thirds of the difference between what you earned before the accident and now.

Some injuries may cause permanent disabilities. If so, the LHWCA provides permanent total disability at the same rate as your temporary disability benefits. The benefits continue as long as the disability continues. Permanent partial disability payments are based on the injury and the extent of the impairment.

Vocational Rehabilitation

Vocational rehabilitation helps a permanently disabled worker return to gainful employment. Services may include skills testing, vocational assessments, job development, limited training, counseling, and job placement.

You must have a permanent disability that prevents you from returning to your job. There must also be appropriate jobs that you could perform within a reasonable commute from your home.

Death Benefits

If a longshoreman dies because of injuries sustained on the job, the Longshore and Harbor Workers’ Compensation Act provides death benefits for eligible surviving family members. The amount paid is based on the relationship with the worker.

Generally, surviving spouses are entitled to death benefits for life or until they remarry. Children may receive benefits until they turn 18 years old or 23 years old if they are a full-time student.

You Do Not Receive Compensation for Pain and Suffering

As with state workers’ compensation benefits, the Longshore and Harbor Workers’ Compensation Act does not compensate workers for their non-economic damages. However, if a third party caused or contributed to the cause of your injury, you may have a third-party claim that would compensate you for these losses.

Contact Our Office to Speak With a Savannah Longshore Injury Attorney

You deserve to receive all benefits and compensation available for a maritime injury. Contact Parsons Law Group to speak with an experienced Georgia longshore injury attorney. Our legal team will work to protect your rights after a maritime accident.

Many workers are unfamiliar with vocational retraining or vocational rehabilitation. It is a benefit available to injured workers who qualify for the services. Vocational retraining can provide the help an injured worker needs to return to the workforce. In this blog, our Savannah workers’ compensation attorneys discuss vocational rehabilitation.

What Is Vocational Rehabilitation Benefits in a Savannah Workers’ Compensation Case?

Workers’ compensation covers vocational rehabilitation for workers who sustain catastrophic injuries. The services provide individuals with the skills, training, and help they need to obtain and maintain employment.

Examples of vocational rehabilitation include, but are not limited to:

• Vocational evaluations
• Job placement services, such as interview coaching and resume assistance
• On-the-job training
• Tuition payment
• Education programs for retraining
• Wage assessment evaluation
• Career counseling
• Working with employers to obtain job modifications for employees

Workers who cannot return to their old jobs because of a work injury can find other employment. However, workers who qualify for vocational rehabilitation must use them. Failing to try to obtain retraining could result in losing other workers’ compensation benefits.

Who Qualifies for Vocational Rehabilitation Benefits Under Georgia Workers’ Compensation Laws?

A worker must sustain catastrophic injuries to qualify for vocational retraining benefits. Georgia Code §34-9-200.1 requires employers to provide necessary and reasonable rehabilitation services to employees with catastrophic injuries.

The code section defines catastrophic injuries as:

• Spinal cord injury that involves paralysis of a leg, an arm, or the trunk
• Loss of the use of a hand, a leg, a foot, or an arm because of an amputation
• Closed head injury or severe brain injury
• Industrial or total blindness
• Second or third-degree burns covering 25% of the body as a whole or third-degree burns over the hands or face
• Other injuries that prevent the worker from performing the work they did before the accident or work available in substantial numbers that the worker is otherwise qualified to perform

An injured worker should continue receiving their disability benefits until their injury improves or they can return to work. If they do not earn as much at a new job, they may qualify for partial disability benefits.

How Do I Receive Vocational Rehabilitation for a Work-Related Injury in Georgia?

Seek immediate medical treatment for job-related injuries. Even minor injuries should be treated by a physician. You never know when an injury may worsen and result in a catastrophic disability.

Report your injury to your employer as soon as possible. Under the Georgia Workers’ Compensation Act, you only have 30 days to report the work injury. Failing to report your injury before the deadline results in losing workers’ compensation benefits.

Prepare and file the documents for a workers’ compensation claim. You have one year to file a claim with the Georgia State Board of Workers’ Compensation (SBWC).

Completing the forms and navigating the workers’ compensation system can be challenging for an employee with a catastrophic injury. You must follow all steps and meet all deadlines to receive benefits. A workers’ compensation lawyer can handle the claims process for you so you can focus on your recovery.

Schedule a Consultation With Our Savannah Workers’ Compensation Attorneys for More Information

Disabilities from workplace injuries can have life-altering impacts. Contact Parsons Law Group to talk with one of our Savannah workers’ compensation attorneys. We can help you pursue the benefits you deserve for a work-related injury.

Choosing the right doctor at the start of your workers’ compensation claim can make all the difference in the outcome of your case. The doctor you select isn’t just responsible for treating your injury—they will play a critical role in documenting your condition and determining the extent of your injuries, which directly impacts the benefits you may receive. Selecting a physician with experience in handling workers’ comp cases is crucial to ensure that your injury is properly assessed, treated, and recorded in a way that supports your claim.

A doctor familiar with workers’ compensation laws and the unique challenges these cases present can make the process smoother and more efficient, helping to protect your rights and health. Our Atlanta and Savannah workers’ compensation injury attorney is here to help you choose the right doctor for your claim.

The Role of Your IME Doctor

Your workers’ compensation claim will likely include an independent medical exam, or IME for short. A claims examiner and the insurer will play a role in choosing your doctor. However, your attorney also has the potential to influence the decision, especially if the IME results are appealed.

A second IME can be performed with a more objective doctor, so be careful when choosing your workers’ compensation attorney.

Analyzing and Treating Your Injury

The doctor who analyzes and treats your injury should have experience assessing similar cases. It is the doctor’s report that shapes and drives the claim. The initial analysis sets the stage for treatment. Therefore, it is in your best interest to take the time to choose your doctor.

Choose wisely, and you’ll receive an honest assessment of your injury, appropriate treatment, and peace of mind. Above all, the doctor’s analysis of your injury helps pave a path toward a successful workers’ compensation claim.

Treatment for an Eventual Return to Work

Though your workers’ compensation benefits will help keep you afloat while away from work, they will likely be temporary. Those benefits eventually dissipate unless your injury is deemed permanent. Your doctor’s treatment partially determines your timeline for recovery.

A skilled and experienced doctor will implement the right treatment modalities to help expedite your recovery and return to work. Remember, it is in your interest to return to work, as your wage will likely be greater than payments provided through the workers’ compensation system.

Your Doctor Should Understand the Workers’ Compensation System

A physician without extensive experience with workers’ compensation has the potential to delay or ruin your case. The physician you select should be aware of the details of the workers’ compensation system, ranging from state-specific rules to timelines for paperwork.

If the medical information is not resolved in accordance with the rules of the workers’ compensation board, it will be delayed or even denied.

Above, all the physician you select should be certified by the workers’ compensation board. If the physician you have in mind does not have the appropriate certification, do not choose that doctor. When in doubt, reach out to the workers’ compensation board to determine if the physician you are considering is properly certified.

Learn More During a Consultation With Our Atlanta and Savannah Workers’ Compensation Attorneys

If you are injured at work, be proactive. Schedule a consultation with our Atlanta and Savannah workers’ compensation attorney to review your case. We’ll help you choose a doctor and expedite the road to recovery. Contact us today to learn more.

Are you an older employee who has been injured on the job? You might be eligible for an age discrimination claim. There is a chance that your claim will be handled differently than others simply because you are older.

The bottom line is employers are self-interested, meaning they might try to use your pre-existing health issues and age against you. Our Atlanta and Savannah workers’ compensation injury attorney is here to help injured workers of advanced age.

The Argument That Age Played a Role in the Accident

In some situations, employers will fight a workers’ compensation case, insisting age is the cause of the accident or partially caused it. Even if you have proven your competency in the workplace, the employer might insist age is the cause of the injury. However, proving one’s age caused the accident is difficult.

If there is anyone who witnessed the accident, he or she can testify on your behalf to help prove it wasn’t your age that led to the injury. If your employer attempts to argue that your age caused the injury or if you were terminated due to your age, you may have grounds to file an age discrimination lawsuit.

What About Preexisting Health Conditions?

An employer might also argue a preexisting health condition caused or contributed to the injury. Though almost everyone has suffered a prior injury or health problem, it is challenging to establish a causal relationship between the preexisting condition and the injury suffered at work.

If your employer contests your claim, insisting it was your age or a preexisting condition that led to your injury, ask for help. Our legal team will help prove it was your workplace activity that caused the injury.

The Law is on Your Side

Federal law bars age discrimination in the context of employment. Simply put, it is illegal to discriminate against older employees and job-seekers based on age. The protection extends to older individuals who are injured at work.

The mere fact that you are older and suffered an injury while working does not mean your age or preexisting condition is the cause of the injury. Our legal team will analyze your case, compile evidence, and fight for your compensation in accordance with the law.

Damages for Age Discrimination

Most importantly, your age discrimination claim will lead to workers’ compensation benefits. Our mission is to maximize the value of your claim, ensuring you receive indemnity payments and additional support, such as durable medical equipment.

If it can be proven your employer discriminated against you for your age, it might also be possible to obtain additional compensation. As an example, victims of age discrimination often receive the following in addition to lost benefits:

• Lost back pay
• Future pay
• Money for emotional distress
• Punitive damages

Moreover, there is also the potential to obtain compensation to offset attorney’s fees.

Learn More During a Consultation With Our Atlanta and Savannah Workers’ Compensation Attorneys

Our Atlanta and Savannah workers’ compensation attorneys are here to fight for your compensation. If you are an older employee discriminated against after an injury or unlawful termination, demotion, or other unfair outcome, don’t suffer in silence. Learn more about the legal strategies for an age discrimination claim by contacting our office today.

While it’s not common, there’s always a chance that your employer could go bankrupt after you’ve suffered a workplace injury. If your employer shuts down or files for bankruptcy after your accident, you might feel a bit of panic, but it’s important to know that this doesn’t mean your workers’ compensation benefits will vanish. Workers’ compensation is designed to protect injured employees, regardless of the financial health of their employer.

If your employer closes its doors, the workers’ compensation insurance they’ve paid into is still responsible for covering your claim. In many cases, state workers’ compensation funds or other mechanisms exist to ensure you still receive the medical care, wage replacement, and other benefits you’re entitled to. An Atlanta and Savannah workers’ compensation attorney can help you obtain the money and support you need.

Employer Bankruptcy After an Injury

If your employer shuts down following your accident, the insurance carrier should pay the remainder of benefits through the middleman, which is the workers’ compensation system. However, there is the potential for the insurer to halt benefits, including those all-important indemnity payments you depend on to pay the bills and survive during this difficult chapter of your life.

The fact that employers no longer pay insurance premiums due to bankruptcy should not prevent you from obtaining your benefits. If you find your claim is paused, canceled, or reduced in terms of benefit payouts, reach out to our attorney for assistance.

Our legal team will investigate your case in an attempt to restart benefits. As an example, we sometimes find the remainder of the benefits might be available through SISF. SISF is an acronym for self-insurers security fund.

If your employer failed to obtain workers’ compensation coverage, benefits through UEBTF might be available. UEBTF is short for uninsured employers’ benefits trust fund.

Business and Insurance Carrier Insolvency

There is also a chance both the employer and the insurance carrier will become insolvent. If such an unlikely event occurs, there might be the option of obtaining benefits through an insurance guarantee association.

Taking legal action in the form of a lawsuit is the last resort in such an unlikely instance. However, if a lawsuit is necessary, we will file it on your behalf to help you get the benefits you need and deserve.

Payments Might be Delayed

Workers’ compensation benefit payments might be delayed after your employer’s bankruptcy. Those benefits are much more likely to be delayed if a third-party administrator processes the payments.

As an example, if the claim was recently filed after the employer went bankrupt, the insurer might be in the midst of conducting an investigation. The claims might also be delayed if the insurer is looking for more information about your individual claim or cannot reach a representative from your previous employer. It might be difficult and time-consuming to obtain that information as the company is now out of business.

Remain optimistic, tap into the expertise of our workers’ compensation legal team, and we’ll help you obtain the benefits you need and deserve. Most people in your situation eventually receive their workers’ compensation indemnity payments, albeit a couple of weeks or months after originally expected.

Learn More During a Consultation With Our Atlanta and Savannah Workers’ Compensation Attorneys

Are you the victim of a workplace injury? If your injury is even slightly causally related to your workplace duties, our Atlanta and Savannah workers’ compensation attorney will help you obtain benefits. Learn more about workers’ compensation benefits today by scheduling a consultation with our law office.