Frequently Asked Questions

Frequently Asked Questions

What is the cost of hiring an attorney?

There is absolutely no cost for an initial consultation. In fact, you will be represented on a contingency fee basis meaning, in most circumstances, your attorney only receives payment if your case settles.

Do I need an attorney if I am injured on the job?

There are several reasons you might need an Atlanta workers' compensation attorney to represent you following a workplace injury. First, there are deadlines for filing a claim and notifying your employer of your injury, and your claim may be barred if you miss one of those deadlines. Further, an employer or insurance company might not voluntarily provide you all of the benefits to which you are entitled under the Georgia Workers' Compensation Act. Having a knowledgeable attorney handle your claim helps ensure that your rights are protected, and ensures you receive maximum recovery allowed under the law.

What are my rights if I am injured on the job?

Under the Georgia Workers' Compensation Act, if you are unable to work following a job injury, you are entitled to payment of two thirds of your weekly income (not to exceed $800 per week) for up to four hundred weeks. If your claim is designated as catastrophic, you could be entitled to receive income benefits for the remainder of your life. Further, your employer is required to pay for all reasonable and necessary medical expenses incurred as a result of your workplace injury.

What if my claim is denied?

If your employer or the insurance carrier denies any part of your claim, you have a right to a hearing in front of an Administrative Law Judge. An effective and experienced attorney will file the proper documentation and maximize your chances of prevailing if your case proceeds to trial. Of course, workers' compensation cases frequently settle prior to trial, or the parties are able to resolve the issues without proceeding to a trial. In those cases, your attorney will protect your rights and ensure that your employer lives up to their legal obligations.

What types of claims does the Law Office of Brian H. Sumrall handle?

The Law Office of Brian H. Sumrall focuses its practice on the handling of workers' compensation claims. Mr. Sumrall has extensive experience in this field and spent over six years representing employers and insurance companies defending workers' compensation claims. This vast experience has provided Mr. Sumrall with the knowledge and expertise to effectively handle all aspects of your workers' compensation claim.

Does it matter if my job injury was my fault?

Generally speaking, it does not matter if you caused your work related injury, or if you were responsible for your accident. In Georgia, the workers' compensation system is designed to protect all employees who are injured on the job subject to some limited exceptions. Thus, you are most likely still entitled to workers' compensation benefits even if you were the cause of you own injury.

How long do I have to file a workers' compensation claim?

The Georgia Workers' Compensation Act provides that you have one year from the date of your accident to file a Notice of Claim. However, if you employer has provided medical treatment as a result of your job injury or if you are able to continue working following your injury, this deadline is extended. Of course, if you are uncertain about whether the statute of limitations has run in your case, it is best to consult an attorney.

How long does workers' comp last in Georgia?

In the state of Georgia, the duration of workers' compensation benefits depends on the severity of the injury and the capacity for the injured employee to return to work. Typically, injured workers may receive Temporary Total Disability (TTD) benefits, which consist of two-thirds of their average weekly wage (up to a state-determined maximum per week) for up to 400 weeks from the date of the accident. However, if the employee's injury is deemed to be catastrophic, such as severe spinal cord injuries, amputations, or severe brain injuries, they may qualify for lifetime benefits under the Georgia Workers' Compensation Act. In the case of Temporary Partial Disability (TPD), wherein an employee can still work but with reduced capacity, benefits are provided at two-thirds of the difference in wages (up to a state-determined maximum per week) for up to 350 weeks after the injury. It is essential to note that specific limitations, exceptions, and requirements may apply to each case, so consulting an experienced workers' compensation attorney can help ensure that injured workers receive the appropriate benefits for the appropriate duration.

Does my pre-existing injury or condition bar my right to file a workers' compensation claim?

No. In Georgia, you are still entitled to workers' compensation benefits if you aggravate or exacerbate a pre-existing condition on the job. It is common for people to have pre-existing injuries but still be able to work. However, if your job aggravates that condition and you become unable to work or need medical treatment, you are entitled to workers' compensation benefits as a result of the aggravation.

I was injured in another state but I work for a Georgia company. Do I have a Georgia workers' compensation claim?

Probably. Jurisdiction for workers' compensation claims can be complex, and an injured worker may have his choice of jurisdiction in some circumstances. You can file a workers' compensation claim in Georgia if you were physically in Georgia when you were injured, if you were working for a Georgia company at the time of your injury, or if your contract of hire was completed in Georgia. If you are unsure about the proper jurisdiction for your work injury claim it is important that you contact an attorney to ensure that you are filing in the correct jurisdiction.

If you or someone you know has sustained workplace injury, contact Atlanta workers' compensation lawyer Brian H. Sumrall today.

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