How to Know If You Need a Work Injury Lawyer
Types of Work-Related Claims and Injuries
There can be two types of claims when it comes to work-related injuries: (1) worker’s compensation and (2) personal injury claims. More often than not, injuries arising from these can completely affect the life of the involved individual and even reduce or even destroy their long-term earning capacity.
It is therefore an unfortunate reality that some employers unscrupulously fire their employees the moment they find out that their injured employee filed a worker’s compensation claim. In Georgia, employment-at-will is recognized, which means that in the absence of a written contract, an employee can be fired at the discretion of the employer, EXCEPT where the firing is in retaliation to filing a work injury or claim for worker’s compensation. In the case of the latter, an employer from Georgia would be in violation of the law.
Furthermore, an employer is required to pay an injured employee medical and income benefits if seven days have already lapsed from the time they incurred the work-related injury. This is why some employers exactly time the firing of the employee after they have been released by a doctor so that they won’t be required to give residual or ongoing payments to these victims.
If your employer is doing this to you as a result of you being injured or having filed a claim, you should immediately find a lawyer to help you. Remember, your employer should not discriminate against you just because you filed a worker’s claim or have been injured at work. Many “loyal” employees who have been faithfully doing their jobs have been surprised by their company whose treatment of them suddenly changed when they became seriously injured. Believe it or not, and despite the loyalty which you may inherently feel with your employer, many employers will do everything in their power to either deny or minimize your claims as a cost saving device – even if getting your benefits can mean life and death to you or your family. In addition, you can even expect less sympathy from the involved insurance provider.
Also, keep in mind that you can be entitled to worker’s compensation even if there was no accident or traumatic incident that happened to you at work. Compensation for injuries can also cover repetitive movements or conditions arising from work. An attorney can help you understand all incidents or circumstances where you are entitled or eligible for benefits.
Another essential matter for the establishment of your worker’s compensation or injury claim is the choice of your doctor. A good attorney will help you plan and select a qualified doctor who can evaluate your injury fairly. While insurance and employers are required under the law to have a panel of physicians, their primary aim is still most likely to delay, deny, and minimize your claims.