Were you injured on the job in Kennesaw, GA? You may be entitled to workers’ compensation benefits to help cover medical care and replace a portion of your lost wages. Starks Byron, P.C., can help you pursue workers’ compensation benefits. Call our Kennesaw workers’ compensation lawyers at (404) 795-5115 for a free consultation.
Our firm brings 30 years of combined legal experience to every case and has recovered millions of dollars in settlements and verdicts for injured workers. The workers’ compensation system can be confusing and frustrating. We will guide you through your claim from start to finish.
Why Choose Starks Byron to Help With My Workers’ Compensation Claim in Kennesaw, GA?
Workers’ compensation is meant to protect injured employees in Kennesaw, Georgia. However, filing a claim in Georgia is not always simple. Employers and insurance companies may delay claims or dispute whether an injury is work-related. They may also pressure workers to return to their jobs before they are medically ready.
Having an experienced Kennesaw personal injury attorney on your side can help protect your rights.
Here are some of the reasons people choose Starks Byron:
- Decades of experience handling workers’ compensation cases
- Attorneys who have been recognized by The National Trial Lawyers Top 40 Under 40 and Super Lawyers Rising Stars
- 200+ five-star reviews on Google
- A thorough understanding of Georgia’s workers’ compensation system
Contact us today to schedule a free consultation with a Kennesaw workers’ compensation lawyer.
Overview of Georgia Workers’ Compensation Laws
Georgia workers’ compensation law requires employers with three or more employees to carry workers’ compensation insurance. This system provides benefits to employees who suffer work-related injuries or occupational illnesses, regardless of who was at fault for the accident.
Covered employees typically include full-time, part-time, and seasonal workers. However, independent contractors or some agricultural and domestic workers may be excluded. Some workers who are misclassified as “independent contractors” may still be eligible for workers’ compensation benefits under Georgia law.
Because workers’ compensation is a no-fault system, injured employees generally cannot sue their employers for negligence. In exchange, they gain access to benefits such as medical care and wage replacement.
How Much Is My Kennesaw Workers’ Compensation Case Worth?
The value of a workers’ compensation claim in Georgia depends largely on the severity of your injury and how it affects your ability to work. Unlike personal injury cases, workers’ compensation benefits are determined by statutory formulas rather than negotiations.
Factors that can affect the value of your claim include:
- Whether your injury is temporary or permanent
- Whether you are able to return to work in any capacity
- Your average weekly wage before the injury
- The length of time you are unable to work
- Whether your injury results in permanent impairment
- Whether a third-party personal injury claim is available
Georgia law establishes maximum limits on weekly wage benefits; however, additional compensation may be available in certain circumstances. Our attorneys will carefully evaluate your situation to ensure you receive every benefit available under the law.
What Types of Benefits Can I Receive Through Workers’ Compensation in Georgia?
In most cases, workers’ compensation benefits fall into two main categories: medical benefits and wage replacement benefits.
Medical Benefits
If you suffer a work-related injury or occupational illness, you are generally entitled to receive all reasonable and necessary medical treatment related to your condition. This may include:
- Emergency medical care
- Hospitalization
- Surgeries
- Doctor visits
- Physical therapy and rehabilitation
- Chiropractic care
- Prescription medications
- Medical devices
Injured workers are generally required to seek treatment from an employer-approved doctor unless an emergency situation applies. Following these rules is critical to protecting your right to benefits.
Wage Replacement Benefits
If your injury prevents you from working or limits your ability to earn your regular wages, you may be entitled to wage replacement benefits. These benefits are typically calculated as two-thirds of your average weekly wage, subject to state maximums (no more than $800/weekly for temporary total disability benefits).
Common types of wage benefits include:
- Temporary Total Disability (TTD) when you are completely unable to work while recovering
- Temporary Partial Disability (TPD) if you return to work in a limited role with reduced earnings
- Permanent Partial Disability (PPD) for permanent impairments to specific body parts
Wage benefits usually begin after a short waiting period. If your disability lasts beyond a certain number of days, you may receive retroactive payment for that initial period.
Can I Recover Compensation Through a Personal Injury Claim?
Workers’ compensation provides important financial support, but it does not compensate injured workers for non-economic damages or for the full amount of lost wages. In most cases, you cannot sue your employer if they carry workers’ compensation insurance.
However, if a third party contributed to your workplace injury, you may be able to file a separate personal injury claim against that party. Through a third-party personal injury claim, you may be able to recover damages such as:
- Full lost wages and loss of future earning capacity
- Pain and suffering
- Emotional distress
- Disfigurement or scarring
- Loss of enjoyment of life
- Loss of consortium
At Starks Byron, we examine every case carefully to determine whether a third-party claim may apply. If so, we will coordinate your workers’ compensation claim and personal injury case to maximize your overall recovery.
What if I’m Blamed for My Kennesaw Workplace Accident?
Workers’ compensation in Georgia is a no-fault system, meaning you can usually receive benefits even if you made a mistake that contributed to your accident. In exchange for these guaranteed benefits, you generally give up the right to sue your employer.
There are limited exceptions where benefits may be denied, such as injuries caused by intoxication, willful misconduct, or intentional self-harm. Insurance companies may also attempt to argue that an injury did not occur at work or was related to a pre-existing condition.
If you pursue a third-party personal injury claim, fault may become an issue. Georgia follows a modified comparative negligence rule, which can reduce or bar recovery depending on your level of responsibility.
What Are Common Causes of Workplace Accidents in Kennesaw?
Workplace injuries can happen in almost any profession, from construction sites to offices. Many on-the-job accidents are preventable and often occur due to unsafe conditions.
Common causes of workplace accidents in Kennesaw include:
- Inadequate training or supervision
- Failure to provide proper safety equipment
- Unsafe or poorly maintained work environments
- Slips, trips, and falls
- Defective tools or machinery
- Overexertion and repetitive motion
- Exposure to hazardous materials
- Failure to follow OSHA safety standards
Identifying how and why your injury occurred can help determine whether a third party may be legally responsible for your injuries. This unlocks additional compensation not typically available in workers’ compensation claims.
What Types of Accidents Do We Handle?
Our firm handles workers’ compensation claims for a wide range of accidents, including:
- Construction site accidents
- Warehouse and manufacturing injuries
- Falls from ladders, scaffolding, or elevated surfaces
- Vehicle accidents while performing job duties
- Machinery and equipment-related injuries
- Repetitive stress and overuse injuries
- Occupational illnesses and toxic exposure
If you were injured while performing your job duties, do not wait to seek legal guidance. Reach out to us to learn more about your rights and options.
How Long Do I Have to File a Workers’ Comp Claim in Georgia?
Georgia law imposes strict deadlines on workers’ compensation claims. In most cases, you have a limited amount of time to notify your employer about your injury. Generally, you should provide this notice within 30 days.
Beyond that, you must initiate a formal workers’ compensation claim within one year of the injury or the last authorized medical treatment. If you plan to pursue a third-party personal injury claim, the statute of limitations is typically two years from the date of the accident.
Missing a deadline can jeopardize your right to compensation. If you are unsure which deadlines apply to your situation, speak with a Kennesaw workers’ compensation lawyer as soon as possible.
Contact Our Experienced Kennesaw Workers’ Compensation Attorneys for a Free Consultation
Navigating the workers’ compensation system while recovering from an injury can be challenging. You deserve an advocate who understands what is at stake and knows how to protect your rights.
At Starks Byron, we bring 30 years of combined experience and a track record of millions in settlements and verdicts. If you need help filing a claim, appealing a denial, or pursuing additional compensation through a third-party lawsuit, we are ready to stand by your side.
Call today or contact us online to schedule your free, no-obligation consultation with a Kennesaw workers’ compensation attorney.
