The workers compensation insurance program was established by federal legislation that mandates all states to design a workplace injury insurance program that allows for immediate benefits for injured workers while still insulating employers from expensive general damages personal injury lawsuits. Employers are required to complete an injury claim report, but many also conduct an investigation when an injury occurs as well. As long as the employers follow the rules of the program, the system generally works well for uncontested injuries that obviously occurred on the job due to a particular event. Accidents happen at work on a regular basis, and employers deal with the situation regularly. However, employees are not always as familiar with the workers comp insurance program as the employers, who are also often reluctant to even file a claim. This scenario is not as unusual as it may seem, as many employers also want to completely avoid a claim in any fashion they can utilize. What this means for employees is that whey will be needing legal assistance from an experienced and effective Dublin GA workers comp lawyer who understands the system and how employers and insurance companies try to impact claims.
Not all workers comp insurance issues are as simple as others, especially when the injury in question occurred due to repetitive motion included in job responsibilities or exposure to harmful materials. The statute of limitations for filing a claim in Georgia is not as strict as employers and insurance providers may claim, often denying a claim based on an expired period to file. One year is the filing period for an injured employee to submit a claim, which is a stipulated rule. This rule is why it is vital to contact a workers comp attorney as soon as possible after a problem exists. Repetitive motion disorders can be complicated claims as well because they are difficult to pinpoint when the injury actually began to develop over time. These cases are commonly denied on the initial filing, only to be won in the appeals process when they are allowed to proceed. The appeals process is governed by specific rules, but the board does have the authority to allow an injury claim that as previously been treated and is recurring regularly. Documentation can be essential to this negotiation, and having a workers compensation legal professional representing the case is always best because the responsibility for proving the injury is employment-related is charged to the injured claimant worker.
Additional Compensation Potential
There are many instances when employees are injured while being required by employers to work in less than acceptable safety conditions, including using work equipment that is not designed for the task. This is especially true with work-related fatalities in unsafe conditions. There could be potential for a personal injury claim against the employer along with a workers comp or wrongful death claim when willful negligence can be proven by an aggressive Dublin GA workers comp lawyer who can conduct a complete investigation into all case particulars. Injuries that occur due to defective work equipment could result in an additional product liability claim in addition to the comp claim and personal injury standing. However, none of these scenarios are possible without solid legal representative who understands to craft a case for whole damages. Employers know when they are skirting the rules, and they also understand their additional liability. Evidence can be found practically anywhere in serious negligence cases.
Contact Nelson & Smith Law Firm
Never accept denial of workplace benefits you deserve. Always get a tried and true Dublin GA workers comp lawyer who will investigate your injury case and pursue all avenues of financial compensation. Being made whole following a workplace injury can be difficult, but it is not impossible when you have the right attorney. Your attorney can matter. Call Nelson & Smith.