The Klob Law Firm, LLC

GEORGIA WORKERS COMPENSATION LAWYER: (770) 554-8100

SERVING LOGANVILLE, LAWRENCEVILLE, SNELLVILLE, MONROE AND EAST METRO ATLANTA

WHAT TYPE OF WORKERS’ COMPENSATION BENEFITS ARE AVAILABLE IN GEORGIA? In Georgia, if you are injured on the job, you are entitled to medical benefits and indemnity benefits. Medical benefits are lifetime medical benefits through workers’ compensation for any treatment related to your work injury. Indemnity benefits are weekly income benefits to replace some of your lost income, up to a maximum weekly cap set by statute and based upon your date of injury. Indemnity benefits are broken down into three types: Temporary Total Disability (TTD) benefits for any periods for which you are completely disabled from work; Temporary Partial Disability (TPD) benefits for any periods for which you are subject to injury-related work limitations and for which you are unable to make your full pre-injury wage even if you have returned to work; and Permanent Partial Disability (PPD) benefits to compensate for a percentage to which you are determined to be disabled by one or more of your authorized treating physicians through workers’ compensation (usually determined once you have reached a level of medical recovery known as maximum medical improvement).

WHAT TYPES OF WORKERS' COMPENSATION CLAIMS DOES THE KLOB LAW FIRM HANDLE? We handle all types of workers' compensation claims including the following:  Back Injuries; Knee Injuries; Hernias; Ladder Accidents; Scaffolding Falls; Forklift Injuries; Repetitive Use Injuries; Carpal Tunnel Syndrome; Construction Accidents; Head and Spinal Injuries; Chemical Spills;  Contamination Injuries; Electrocution; Equipment Malfunctions; Accidental Death; Gas Explosions; and Lung Disease.

WILL I GET PAID FOR PAIN AND SUFFERING THROUGH WORKERS’ COMPENSATION IN GEORGIA? No. Workers’ compensation does not compensate for pain and suffering, nor does it factor in whether your employer was negligent in causing or allowing you to be injured. While workers’ compensation is set up to provide you prompt medical treatment and payment for a percentage of your pre-injury income, it is limited in the amount of benefits it can provide and the resulting benefits you will ultimately receive are often more like payments from an insurance contract than what you would otherwise expect to receive were you to take the same set of facts in front of a jury in a personal injury case. While this may not seem fair in all cases, workers’ compensation is the “exclusive remedy” for work injuries and unless there is some third party (such as the driver of another vehicle who hits you while you are driving a company car), you cannot pursue any recovery outside of the workers’ compensation system for your injuries. You should note, however, that if you are injured by a third party (like in a car wreck), however, you may then be able to pursue both a workers’ compensation claim against your employer and also a personal injury claim against the negligent third party.

WHAT DOES IT COST TO HIRE A GEORGIA WORKERS’ COMPENSATION ATTORNEY? Workers’ compensation is typically handled on a contingency fee basis, which means you do not pay a fee to your workers’ compensation attorney unless they help you recover benefits or unless they help you settle your claim. The fee in Georgia is currently fixed at 25%, which is significantly lower than those fees charged in other types of contingency fee litigation such as auto accident or slip-and-fall cases. Your attorney may also request that you reimburse any expenses such as transcript fees, fees for obtaining medical records, or other specific expense items, but these costs are generally also only paid out of any settlement of your claim. As a general rule, out of pocket expenses tend to be limited and are only required in unusual situations or litigated claims where extensive use of depositions and discovery is required.

HOW CAN MY ATTORNEY HELP ME GET THE MEDICAL CARE I NEED IN MY GEORGIA WORKERS’ COMPENSATION CLAIM? An experienced workers’ compensation attorney can ensure that your rights are protected by selecting the best qualified doctors from either your employer’s list of doctors (the “Panel” of physicians) or from outside the Panel if your employer has failed to maintain an updated and valid list of doctors. In addition, your attorney can ensure that you obtain any independent medical evaluation(s), prescriptions, tests, or other related medical procedures to which you are entitled. For these reasons, you need an experienced workers’ compensation attorney to guide you through the medical treatment process throughout the life of your claim.

HOW CAN AN ATTORNEY HELP ME GET MY WEEKLY BENEFITS IN GEORGIA? Your attorney can either negotiate to get your weekly benefits commenced (or recommenced), or can file a request for hearing before an administrative law judge (ALJ) if benefits are denied. An experienced workers’ compensation attorney can also evaluate your claim to ensure that the insurance company is paying you your weekly benefits at the correct weekly rate, which can have a significant impact both upon your weekly benefits as well as the potential settlement value of your claim.

HOW CAN MY ATTORNEY HELP ME EVALUATE MY GEORGIA WORKERS’ COMPENSATION CLAIM FOR SETTLEMENT? An experienced workers’ compensation attorney can advise you whether you should consider settlement of your claim or whether it would be in your best interest not to settle your claim, and your attorney can also help you evaluate the potential value of your claim in terms of future indemnity and medical benefits. Evaluating a workers’ compensation claim is a complex process which requires numerous assumptions and often also requires consideration of multiple scenarios based upon the estimated likelihood of future events. For these reasons, only an experienced workers’ compensation attorney is in the best position to ensure that your interests are fully protected and that you make the decision that is in your best interest with respect to the unique factors involved in your claim.

DO YOU ALSO PROVIDE REPRESENTATION FOR TENNESSEE WORKERS’ COMPENSATION CLAIMS? Yes. The Tennessee workers’ compensation system is significantly different than Georgia’s in too many ways to adequately outline here, but please call for assistance and a free consultation if you need representation in a Tennessee workers’ compensation claim. In addition, if you have a claim in a state other than Georgia or Tennessee and need a referral, or if you area a Federal employee and need a referral for a Federal worker's compensation claim, please feel free to call the Klob Law Firm for assistance.