Were you injured in a workplace accident in Kennesaw, GA? Our team at Starks Byron, P.C. knows how to help you get the full compensation you deserve. An experienced Kennesaw workplace accident lawyer can help you maximize your compensation under Georgia workers’ compensation and personal injury laws.
We have over 30 years of experience in personal injury law. We’ve already recovered millions of dollars in settlements and verdicts for our injured clients and their families. Today, we’re well-equipped to stand up for you.
You may deserve significant compensation for medical bills, lost earnings, and more. Call our law office at 404-795-5115 and schedule your initial free consultation to start fighting for the money you deserve today.
How Starks Byron, P.C. Can Help Me Recover Compensation After a Workplace Accident in Kennesaw
Workplace injuries in Kennesaw, Georgia can seriously impact your life. Even if you don’t work in a stereotypically “dangerous industry,” the workplace can be dangerous. That’s especially true if the property isn’t maintained in safe condition.
You may not fully understand your options. Hiring an experienced Kennesaw personal injury lawyer is the best way to ensure you’re receiving everything you deserve. Our team at Starks Byron, P.C. has been recognized by Avvo, the Georgia Trial Lawyers Association, the American Association for Justice, and other respected legal organizations.
If you trust us to handle your claim, our Kennesaw workers’ compensation attorneys will:
- Conduct our own investigation to locate important evidence
- Assess your situation to determine your case value
- Deal with the paperwork and insurance communications
- Protect you from claims that you were responsible or that your injuries weren’t work-related
- Work with top experts in particularly complicated cases
- Negotiate for the maximum compensation you deserve
We are prepared to handle every aspect of your case. To learn more about how you can benefit from an attorney-client relationship, call for a free consultation today.
How Common Are Workplace Accidents in Georgia?
192 Georgia workers were killed in fatal work-related accidents in 2023. While data on non-fatal injuries isn’t available after 2019, earlier research tells us that thousands more were injured on the job.
What Are My Options for Recovering Compensation After a Workplace Accident in Kennesaw?
Workplace accident victims have two key options for recovering compensation:
- Workers’ compensation claim
- Personal injury lawsuit
Nearly every injured employee in Georgia is entitled to claim workers’ comp benefits. Not all victims can file lawsuits, however. Your rights under Georgia personal injury laws depend on who caused your injuries. If it was your employer, a co-worker, or even you, you’re likely limited to workers’ compensation.
If a third-party was responsible, you retain your right to sue for damages. For example, say you were hurt because the building’s owner failed to maintain the property in safe condition. If that owner wasn’t your employer, you can sue them for damages above and beyond workers’ comp.
What Is My Kennesaw Workplace Accident Case Worth?
Workers’ compensation will cover all of your medical costs. The value of your disability benefits depends on several different factors.
The value of a workers’ compensation claim in Georgia depends on:
- Your average income prior to the disability
- Whether you are totally or partially disabled due to the accident
- How much you can earn with your disability
- The duration of your recovery period
- Whether your earnings continue to be impaired once you reach maximum medical improvement (MMI)
- The degree of your ongoing impairment
The identity of the responsible party is also important to your overall case value. Work accident victims who are able to file personal injury lawsuits tend to walk away with more compensation. That’s because workers’ compensation cash benefits are limited to two-thirds of your average weekly wages prior to the accident. They’re also capped by state law regardless of your prior earnings history.
When you can file a personal injury lawsuit, your non-economic damages also become important. If your injuries were serious, these non-financial losses can make up a significant portion of your compensation award.
What Types of Damages Are Available to Workplace Accident Victims in Kennesaw?
Workers’ compensation provides the following basic categories of benefits to injured workers:
- Temporary total disability benefits if you are totally unable to work due to your injuries
- Temporary partial disability benefits if you can work but your earnings are impaired due to the disability
- Permanent partial disability benefits if you continue to suffer a permanent impairment after reaching MMI
- Vocational rehabilitation if your injury prevents you from returning to the same type of job
- Death benefits to surviving dependents of fatal work injury victims
Disability benefits begin after you miss seven days at work. If your earnings remain impaired for at least 21 days, you can get paid for the first seven days of disability.
Personal injury laws allow for the following types of economic and non-economic damages:
- Past and future medical expenses
- 100% of your lost income
- Rehabilitation, therapy, and assistance
- Property damage
- Pain and suffering
- Emotional trauma
- PTSD
- Reduced quality of life
- Chronic pain
- Physical disfigurement and scarring
- Loss of consortium
Essentially, if you can file a third-party claim, you’re entitled to pursue compensation for any damage caused by the accident.
How Much Does It Cost to Hire a Lawyer to Handle a Workplace Accident Claim in Georgia?
Like most personal injury law firms, Starks Byron, P.C. operates on a contingency fee basis. We only get paid if we recover financial compensation in your case. We will take a set percentage of the money we win for you to cover our attorneys’ fees. However, if we don’t recover any compensation for you, you won’t owe us anything.
Can I Recover Damages If I’m Being Blamed for a Workplace Accident in Georgia?
Yes. Georgia’s modified comparative negligence law does not impact your workers’ compensation benefits. Once your share of the blame reaches 50%, however, you’ll be barred from recovering compensation in a personal injury lawsuit.
Our Attorneys in Kennesaw Will Fight to Recover Compensation for All of Your Workplace Accident Injuries
Our lawyers at Starks Byron, P.C. handle all types of work injury claims, including:
- Broken bones
- Concussions
- Knee and leg injuries
- Facial injuries
- Back injuries
- Shoulder injuries
- Nerve damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Organ damage
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Reporting your injuries is important. You only have a limited amount of time to tell your employer what happened–or you risk losing your right to valuable workers’ compensation benefits. It’s also important to follow your employer’s instructions when choosing your doctor. Failure to see an approved doctor can result in loss of medical expense reimbursement.
What Causes Most Workplace Accidents in Kennesaw?
Workplace accidents can occur for many different reasons.
Some of the most commonly cited causes of work accidents include:
- Lack of proper training or supervision
- Improper or dangerous equipment
- Missing safety equipment
- Failure to maintain work tools or equipment
- Failing to follow state and federal safety regulations
- Slip and fall accidents
- Dangerous property conditions, based on premises liability
- Workplace violence
- Exposure to chemicals
- Negligent drivers
- Repetitive motions
- Failure to secure objects
If you were injured on the job, don’t hesitate to contact our Kennesaw workplace accident attorneys to learn about your legal options.
How Do I Prove I Deserve Compensation After a Workplace Accident in Georgia?
Your burden of proof depends on the laws that apply in your case. Workers’ compensation is a no-fault system. You won’t be required to prove that someone was liable, but you will be required to establish a few basic elements.
To receive workers’ compensation benefits in Georgia, you must prove:
- You were employed by an employer in Georgia.
- Your employer employed at least three employees.
- You were injured in the course of employment due to something work-related.
- Your earnings were reduced due to the injury.
- You weren’t under the influence of drugs or alcohol.
- Your conduct wasn’t willful misconduct.
Personal injury cases require proof of fault. Negligence is the typical legal theory involved in third-party claims.
Negligence means:
- The defendant had a duty of care.
- They breached their duty.
- That breach caused your injuries.
- You suffered damages, such as physical, mental, and financial harm.
Our lawyers will work to determine what caused your accident. Once we determine the cause, we can evaluate your rights under Georgia personal injury laws.
How Long Do I Have to File a Claim for Compensation After a Workplace Accident in Georgia?
You must inform your employer about the accident within 30 days. To file a formal workers’ compensation claim, you have one year to notify the workers’ compensation board.
In personal injury cases, you have two years from the date of the accident to file a lawsuit.
Contact a Kennesaw Workplace Accident Lawyer for a Free Consultation
Do you have questions about your options after a work-related accident? Call a Kennesaw workplace accident lawyer at Starks Byron, P.C. at (404) 795 5115 for a free consultation today. We have the skills to help you get the compensation you need.
