Workplace Accident Injury Lawyer in Atlanta

Employers have legal obligations to the people who work for them, including providing a safe workspace and, in many cases, maintaining appropriate workers’ comp insurance.

The ideal resolution to a workplace injury isn’t always easily attainable for Atlanta employees. Businesses might not carry the appropriate coverage, or they could dispute your claim in any number of ways. If you feel like your workers’ comp claim is being treated unfairly, or you’re not sure how to proceed after a claim denial, you may benefit from consulting with an Atlanta workers’ comp lawyer.

Third-Party Personal Injury Claims

One of the reasons businesses maintain workers’ comp policies is to prevent injured workers from filing traditional personal injury claims against them. As an employee, you usually only have the option to pursue a workers’ comp claim after a jobsite injury.

The situation is different if someone other than your employer (or a coworker) causes your injury. For example, if a construction worker suffers an injury due to the actions of an equipment manufacturer, a subcontractor or the property owner, the worker may be able to file a more traditional third-party personal injury claim against the responsible party while still pursuing the workers’ comp claim with their employer’s workers’ comp insurer.

If you believe a third-party caused or contributed to your injury, an experienced Atlanta personal injury lawyer can help you understand your options for recovery.  

Common Atlanta Workplace Accidents

While it’s true that injuries can happen in literally any workplace – including in an office – there are some jobsites that are inherently more dangerous than others. Fishermen and fishery workers, roofers and construction workers have extraordinarily high incidents of injuries while people in IT or finance tend to have extremely low rates of injury. Common workplace injuries include:

Falls from Height:

These can lead to serious injuries like traumatic brain injuries, spinal cord injuries or even death.

Machinery Accidents:

Such accidents can cause severe trauma, amputations and crush injuries.

Chemical Exposure:

Acute exposure can lead to burns, respiratory problems and poisoning. There are many class action lawsuits related to long-term worksite chemical exposure, like recent cases involving AFFF foam (a fire suppressant used to fight jet fuel fires), which has been linked to cancer in first responders. 

Overexertion Injuries:

Overexertion can lead to musculoskeletal injuries like strains and sprains, herniated discs and repetitive stress injuries.

Slip and Fall Accidents:

These commonly result in fractures, sprains and strains. Although usually less life-threatening, they can still lead to significant pain and disability.



What’s the Difference Between Workers’ Comp and Personal Injury Claims in Georgia?

Unless a business meets specific exemption requirements, they are required by law to carry workers’ comp coverage. It’s the right thing to do for both employees and the business, as workers’ comp coverage protects employers as well.

If a worker is injured on the clock while performing their job duties, they should be entitled to a percentage of their lost wages, rehabilitation expenses and medical expenses. Injured workers who suffer disabilities or long-term injuries that prevent them from returning to work in their pre-injury capacity may also qualify for additional types of compensation, like job retraining or disability compensation.

You may have noticed that workers’ comp does not cover pain and suffering. Essentially, workers’ comp only cover the economic damages, not non-economic damages. If you’re covered by workers’ comp and your injury fits squarely into the workplace injury category, you will usually not have the option of pursuing a traditional personal injury claim, which means you won’t be able to collect pain and suffering damages.

However, if you do have a valid third-party claim, you can still pursue non-economic damages from the party who caused your accident. You can file both types of claims concurrently in those scenarios, although you won’t be able to get double compensation. Instead, your workers’ comp may max out on the economic damages while the third-party claim pays for non-economic damages and picks up any remaining expenses (like the remainder of your wage compensation that wasn’t paid by workers’ comp).

What to Do After Suffering a Workplace Injury

1. Immediately seek medical attention and inform your manager of your injury
2. File any necessary reports to document the injury, what happened and when it happened
3. Note any coworkers or others who witnessed the incident
4. Make sure to take pictures of your injuries and the accident scene
5. Get a list of authorized physicians (this should be posted in break rooms or common areas, or ask your manager/HR for a list) and visit an appropriate specialist
6. Exceptions are made for emergency medical care if it’s required
7. Your employer is required to notify their workers’ comp provider, at which time the insurance company will investigate the situation (including consulting with the authorized physician who examines your injuries and recommends treatment)
8. Your claim will either be approved or denied based on the insurance company’s analysis
9. If your claim is denied or you believe is being undervalued, it may be in your best interest to consult with an experienced Atlanta workers’ comp lawyer
   

Get Help With Your Workplace Injury Claim in Atlanta

The Law Office of Cameron Hawkins has represented many Atlanta workers who have been treated unfairly in the workers’ comp claim process. We’ve also assisted workers who have needed to file third-party claims against other parties. If you feel like your situation isn’t being handled properly, don’t hesitate to call (678) 921-4225 for a free consultation.