Gainesville Workers’ Compensation Attorneys
Protecting the Rights of Injured Workers in Georgia
Workers’ compensation benefits are meant to provide an injured – and eligible – worker with medical benefits after an on-the-job injury or illness. In some cases, workers’ compensation can also provide wage replacement benefits until the worker is well enough to return to work.
To make certain you are getting the most out of your workers’ compensation benefits provided through your employment, team up with Hasty Pope Davies, LLP in Gainesville. Our workers’ comp lawyers can review your employer’s policy, analyze the extent of your injuries, and verify the benefits you should be able to receive. Our goal is to end your case knowing that you will be comfortable and financially stable as you recuperate from your injuries.
We represent injured workers from all industries, such as:
- Retail clerks
- Office workers
- First responders
- Medical providers
- Construction crewmembers
- Foodservice professionals
You can count on the Hasty Pope Davies, LLP team to help you file initial workers’ compensation claims. If you have already filed a claim but it has been denied, then we can use our 130+ years of total legal experience to find the next best step in pursuit of fair compensation.
Let us see how we can help you. Call (770) 741-1951 today.
Can Workers’ Comp Pay for Medical Benefits?
The primary benefit of workers’ compensation is full coverage for necessary medical treatments following a work-related injury or illness. From ambulatory transportation and emergency room care to hospitalization and prescription medications, all medical care deemed necessary should be covered if you are eligible for workers’ compensation.
Initially, you will be required to see an examining doctor selected by your employer’s insurance company. You can later schedule an examination with your own primary care physician at the expense of the insurer or your employer, but you must pay for any additional examinations not approved by the insurance provider.
Trouble can arise if the insurance company tries to argue that some of the medical treatments you have received were not medically necessary, which would give them grounds to deny payments. Unless you can counteract their arguments, you could be stuck with massive medical bills. An attorney can help you stand up for your rights as an injured worker if an insurer tries to dodge providing full medical benefits.
What Does Workers’ Comp Pay in Georgia?
When your work-related injury prevents you from returning to work for at least seven days, your workers’ compensation benefits can expand to include temporary total disability (TTD) benefits. TTD benefits are a wage replacement benefit that will provide two-thirds of your average weekly wage, up to a pay cap that is typically updated once a year. You can receive weekly TTD payments for up to 400 weeks or until you reach your maximum medical improvement (MMI) and can return to work in some capacity, whichever occurs first. Severe and permanent injuries can extent your wage replacement benefits beyond 400 weeks, though.
You might also be able to receive temporary partial disability (TPD) benefits if you can return to work but now earn a lesser salary due to limitations imposed by your injury. TPD benefits will be equal to two-thirds the difference between your average previous wage and what you are earning upon your return. As with TTD benefits, there is a payment cap on TPD benefits, and you cannot earn them for more than 350 weeks.
Workers’ Comp is a No-Fault System
Keep in mind that the Georgia workers’ compensation program is a no-fault system. You can admit to causing your own workplace accident due to a mistake and still be eligible to receive benefits. While being “guaranteed” workers’ compensation is certainly beneficial, it does have one drawback: You most likely will not be able to file a claim or lawsuit against your employer for additional damages – like pain and suffering damages – if you receive workers’ comp.
What Happens If You’re Fired While on Workers’ Comp?
Two common concerns about how workers’ comp affects your employment:
- Workers’ compensation continues after termination: Being on workers’ comp does not make you immune to being fired, laid off, or terminated for reasons unrelated to your injury or accident. However, your workers’ comp benefits are not dependent on your continued employment. You will keep receiving medical care coverage and wage replacement benefits until you recover, reach your MMI, or the policy reaches its time limit cap.
- Employers can fire you for using workers’ comp: Georgia is an at-will employment state, which means that your employer can end your employment contract at any time for any nondiscriminatory reason. An employer could fire you for filing workers’ comp or for being unable to work due to your workplace injury. Again, this does not stop you from filing or receiving workers’ comp benefits, though.
Fighting for Hard Workers Like You
Hasty Pope Davies, LLP and our Gainesville workers’ compensation attorneys are ready to amplify your voice and guide your workers’ comp claim. We are proud to advocate for people from all walks of life and in all career fields.
If you need help securing your owed benefits, call (770) 741-1951 first!
Expectations Exceeded- Brian and Sheryl
Simply the best- Christine Chester
Quality representation by intelligent and honorable legal team- Former Client
Absolutely satisfied with the way were treated- Michael Smith
Top notch service- Nicole Smith
$9,000,000 Wrongful Death
Settlement of $9 million in September of 2019. This was for the family of a 20-year-old man struck and killed by a driver who crossed the centerline in Cherokee County, Georgia on May 18, 2018.
$6,000,000 Truck Accident
A tractor-trailer lost control and struck two motorcyclists, both suffered catastrophic injuries.
$5,000,000 Rear-End Accident
A female client was rear-ended at a high rate of speed in Fannin County, Georgia, a county in North Georgia. The negligent driver was following too closely and failed to maintain control of her vehicle.
$2,800,000 Dental Malpractice
A woman sustained permanent injury to her mouth and teeth as result of dental work performed below the standard of care by a dentist employed by a large corporate dental chain.
$2,500,000 Intersection Collision
A woman suffered multiple injuries including head trauma, multiple rib fractures, and a collapsed left lung when another car ran a red light and struck her vehicle in West Palm Beach, Fla.
$2,000,000 Intersection Collision
Our 76-year-old client, Sara, was on her way home from the salon. She was driving through an intersection on a green light when a young driver turned in front of her.
$1,735,000 Distracted Driving Accident
Our client was struck and killed on I-985 in Hall County, Georgia. Our client had pulled off I-985 to secure his load and was outside all lanes of travel.
$1,700,000 T-Bone Collision
A woman suffered permanent injury to her dominant arm after being involved in a collision at Davis Drive and Mansell Road in Alpharetta, Georgia.
$1,650,000 Accident on MARTA Bus
Our client sustained an injury in an accident in which the wheelchair ramp of a MARTA bus closed on her foot in 2016.
$1,300,000 Rear-End Collision
Our client, a 49 year-old small business owner was on his way home from a job when his life was forever changed - he was rear ended at a high rate of speed by a large construction truck.