Benefits of Workers’ Comp
Before you file for workers' compensation, you may be wondering what benefits will be involved if you do so. Each workplace injury or illness has its own unique circumstances and could be eligible for one of four different types of workers' compensation benefits:
- Temporary Partial Disability - where the employee is able to return to work, but to a lesser paying position than before their injury
- Temporary Total Disability - where the employee is unable to return to work at all for a certain length of time
- Permanent Partial Disability - where the employee is permanently disabled because of their injury
- Death Benefits - where the employee was killed in a work-related accident, making certain dependents eligible for compensation
The length and amount of your disability payments depend upon which of these descriptions your injury falls under. For temporary disability, the weekly payment is determined by a percentage of the injured employee's wages and can continue for a maximum of 400 weeks. Permanent disability payments are also a percentage of the employee's wages, but continue for the duration of the disability. Death benefits include a burial allowance, as well as weekly payments to the spouse and eligible dependents of the deceased employee based on a percentage of their previous wages. Whichever of these you decide to pursue, make sure you have a qualified Atlanta workers' compensation attorney on your side.
Common Problems in Workers' Compensation Claims
While a claim can provide you with many benefits, it is important that you work with a professional to avoid potential problems or handle them effectively when they are faced.
- Weekly check is constantly late: an experienced attorney can confirm whether or not the weekly checks are actually late and, if they are late, can force the employer/insurer to mail checks in a timely fashion and/or pay the appropriate penalty.
- Workers' comp adjuster will not return my phone calls: adjusters often ignore unrepresented work comp claimants. Individuals represented by attorneys generally get better "customer service" from work comp adjusters because adjusters know that attorneys can escalate the situation by requesting a hearing or filing a Motion.
- Mileage check constantly late or not sent at all: claims adjusters constantly mail mileage checks late or do not mail them at all. Again, an experienced workers' comp attorney will make sure that medical mileage is paid in a timely fashion and can file a Motion if the mileage is not paid.
- Medical treatment or testing not authorized: claims adjusters take their time in authorizing medical treatment or testing more often than not. They hope the injured worker will simply forget about the treatment or stop requesting it. The insurance company is not the final decision maker as to what medical treatment is authorized. A work comp lawyer can request a hearing seeking a Court Order requiring an insurance company to pay for medical treatment or testing.
- Terminated following a workers' comp claim: sadly, employers sometimes terminate individuals who suffer workplace injuries. This does impact your workers' compensation claim and can increase the likelihood that you are entitled to workers' compensation income benefits if you are terminated because of a job injury. A work comp lawyer will make sure to raise this issue at a hearing if there is a dispute about whether you are entitled to work comp income benefits.
Workers' Compensation Lawyer in Atlanta
Having been included in Super Lawyers® Rising Stars℠, attorney Brian Sumrall has proven his skill and aptitude as a workers' comp lawyer. By retaining his firm, you retain him personally; no paralegal or secretary will be assigned to your case. His firm has a decade of experience in workers' compensation law, providing them with excellent resources and proficiency in handling all types of workers' comp cases. To learn how the firm could help you build a strong case and maximize your compensation, call today and schedule a free initial consultation.
Find Us in Office
- THE LAW OFFICE OF BRIAN H. SUMRALL 513 Edgewood Avenue, Suite 300 Atlanta, GA 30312 [+] Map & Directions
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