Hawkinsville, GA Workers Comp Lawyer
Workers compensation insurance protection is designed as a “no fault” type of coverage that provides immediate medical attention and replacement wages for workers who will be off from work for over seven continuous days. It works well in simple cases of clearly recoverable injuries when workers will definitively be able to return to work in a similar capacity as before the injury. The elimination of typical fault-based claims means that employer consideration in the program is protection from a costly personal injury general damages suit for pain-and-suffering. But, that does not mean an employer could not still be found negligent when injuries are serious and the employer has failed to comply with all safety rules and regulations. That is why it is vital to always have a seasoned Hawkinsville GA workers comp lawyer handling your case.
Bad Faith Employers
There are many instances when the workers comp program does not work effectively when employers or their insurance providers are being difficult and potentially acting in bad faith. Employers also often place a nominally injured employee on a different position that is less physically demanding in an effort to avoid a workers comp claim, then later terminating the injured employee for any technical reason they can find that is not associated with the injury. This is clearly bad faith activity by the employer, and having an experienced and aggressive Hawkinsville GA workers comp lawyer means this type of action by an employer can be presented and evaluated when a comp claim is filed. Employers who require employees to work in illegal safety situations can also be held liable for injuries that occur while safety violations are being committed, which is determined in a standard lawsuit in a state court additional to a comp claim.
Bad Faith Workers Comp Insurance Providers
There is no shortage of workers compensation insurance companies that meticulously investigate workplace injury claims, many of which deny the claim even when the employer is compliant. Common reasons for a denial are claims that the injury is not work-related or is an aggravation of an previously existing condition. Workers comp insurance providers also regularly claim the injury is not as serious as is portrayed by the injured party, often using evidence they have compiled by using a private investigator to monitor the claimant’s personal routine. Many recipients of workers comp benefits have actually had benefits ceased during the payment process and instructed to have a third-party evaluation of the injury in question. Depending on the material case facts regarding any of these actions by the insurance provider, an effective Hawkinsivlle GA workers comp lawyer could possibly craft a case for bad faith or demand an immediate lump sum payment to avoid further litigation. Insurance companies actually prefer lump sum payments because they can settle a benefits issue quickly, often for less money when the claimant does not have solid legal counsel.
Statute of Limitations
Georgia workers compensation law regarding the time frame in which a claim may be filed can be confusing. The standard rule for simple cases is one year from the time of injury. However, there are also circumstances that could impact that time frame based on when the actual statute of limitations time clock begins. There are exceptions written into law for certain circumstances like awareness of the disease or injury, the date of the last weekly replacement wage benefits payment, and the date of the last covered medical treatment for the claimed injury. The clock begins anew with each documented claim normally, which is a situation that can be presented by a Hawkinsville GA workers comp lawyer in any filing.
Retroactive Claims and Long-Term Injury Development
There are also instances when a claimant is filing based on a repetitive motion injury or a back injury that has manifested over a long period of time of performing a job that is particularly stressful on a particular body part or has exposed the worker to harmful chemicals. These cases are always defended vigorously, with many of them actually becoming standard personal injury claims instead of workers comp issues. Having an experienced Hawkinsville GA workers comp lawyer means that technicalities and weak defenses by the respondent employer can be addressed with a counter argument regarding liability for the injury. Back injury claims, along with wrist and shoulder injuries, are regularly won when a solid case is crafted by the right attorney.
Contact Nelson & Smith Attorneys at Law
Never let a difficult employer or workers comp insurance company deny a claim for a valid workplace injury. Always call the legal professionals at Nelson & Smith Law Firm and let them put their legal experience to work for you.