Representing Accident & Injury Victims

Handling Personal Injury, Workers' Compensation and
Criminal Defense Cases

ATTORNEY MATTHEW C. HINES

Representing Accident & Injury Victims

Handling Personal Injury, Workers' Compensation and Criminal Defense Cases

ATTORNEY MATTHEW C. HINES

I Was Hurt at Work, but It Was My Error. Can I Get Workers’ Comp?

I Was Hurt at Work, but It Was My Error. Can I Get Workers' Comp?

The state of Georgia has a no-fault workers’ compensation system. This means you don’t have to prove that your employer’s negligence or another party’s negligence resulted in your injury. It’s possible to receive benefits automatically. You don’t have to file a lawsuit against your employer to receive them.

However, to receive these benefits, you must report the incident to your employer and have the injury documented. After that, filing an official workers’ compensation claim is necessary.

While Georgia has a no-fault workers’ compensation system, it’s still possible to encounter issues in the legal process. Because of this, contact our legal team at the Law Offices of Matthew C. Hines. We can help you get the benefits you deserve after an on-the-job accident and injury.

What to Do if Your Workers’ Compensation Claim is Denied

As mentioned above, even though Georgia’s workers’ compensation system is a no-fault system, you may still experience issues during the legal process.

Your employer or their workers’ comp insurance provider may deny your claim to reduce or prevent you from receiving the benefits you are entitled to.

There are several ways this may occur, including the following:

  • Your employer claims your injury was not related to your job.
  • Your employer claims your alcohol or drug intoxication caused your injury.
  • Your employer’s insurance company claims you did not provide the requested medical evidence.
  • Your employer or their workers’ comp insurance company takes too long to move your workers’ compensation claim forward.

Important Note: You may be disappointed when something like this happens; however, you should not let it stop you in your tracks. With the help of an experienced workers’ compensation attorney, you will have someone fighting for your rights and helping you recover the benefits you deserve.

Even if you took a drug test that indicated you had a substance in your system after the injury occurred, it might still be possible for you to recover benefits with the help of our workers’ compensation attorneys. Just because something showed up on a drug test does not mean it caused the accident.

Types of Workers’ Compensation Benefits You May Receive

Sometimes, an on-the-job injury can result in you being unable to work for an extended period of time. In this situation, receiving most of your prior income may be possible.

For situations where you can work at a limited capacity, you can often receive a lower percentage of your prior income to help offset the loss you will sustain.

Another type of coverage offered by workers’ compensation insurance is for your medical costs. This includes medications, surgeries, hospitalizations, physical rehabilitation, and more. Any treatment required to help you fully recover from the at-work accident should be covered.

It’s important to remember that when you begin receiving workers’ compensation benefits, they will likely come from the insurance company your employer uses for this coverage rather than the employer.

Georgia’s Stance on Repetitive Use Injuries

Many people sustain repetitive use injuries on the job. It can be in the form of a back injury due to repetitive lifting or cases of carpal tunnel that occur because of small tasks you use your hands and wrists for.

Some people don’t realize just how painful these injuries can be. In fact, they can be so debilitating that they keep you from being able to work at all.

Unfortunately, in many situations, when a worker experiences pain because of ongoing repetitive work, they fail to report it to their employer since there’s no specific incident that caused their injury. If this happens, the injury gets worse. When this happens, the worker may go to the doctor or hospital and then complain to their employer about the situation.

Important Note: If you believe that the pain you are experiencing has occurred because of your job responsibilities, be sure to report it immediately. You shouldn’t allow weeks or months to pass or wait until you are in serious pain. By that point, your employer may not believe your job duties caused your injury. When you believe your pain is due to work duties, report it immediately.

If you are terminated after this and then request medical treatment, you have documentation that you were dealing with some type of work-related injury before you were terminated. At this point, it will seem retaliatory on your employer’s part, which can work in your favor when trying to receive benefits.

Let Your Doctor Know Your Injury is Work Related

If you go to a doctor or the emergency room after a work-related injury, make sure you let the treating physician know that the injury, disease, or condition occurred on the job.

Many injured workers are not clear about this with their medical providers. Unfortunately, if you don’t make the cause of the injury clear, it will not be noted in your medical record. This can hurt your ability to secure the workers’ compensation benefits you are entitled to.

Don’t Wait to File a Workers’ Compensation Claim

After you are injured on the job, you may think you can wait to report the incident. However, this isn’t a good idea. You have just 30 days to report the accident to your employer.

While you have 30 days (legally) to report what happened, filing a report in writing as soon as possible is recommended. There are a few reasons for this.

First, letting your employer know what happened and why will help them put safeguards in place to prevent the issue from occurring again. Also, if you wait to report the injury, your employer may claim that you:

  • We’re not really injured at work
  • Were you not as severely injured as you claimed
  • Were using drugs or drinking when the accident occurred

These suspicions can lead to your employer denying the claim. By reporting the incident immediately, you may be able to avoid some of these potential delays.

It’s also worth noting that you have just one year to file a workers’ compensation claim. Because of this, you really can’t wait to report what happened or the injuries you sustained.

Reasons You Should Not Wait to Talk to a Workers’ Compensation Attorney

If you are injured at work, and the injury was caused by an accident that was your fault, you can still receive workers’ compensation benefits.

While this is true, more than a few situations may result in your claim being denied. Because of this, it is smart to call and talk to our legal team at the Law Offices of Matthew C. Hines. We can review your situation and help you get the benefits to you are entitled to.

Do you need help with your workers’ compensation claim? Do you have questions? If so, contact us today.

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Atlanta

Law Offices of Matthew C. Hines
1900 The Exchange SE, Building 500 Atlanta, Georgia 30339 USA


Phone : 770-800-2000

Marietta

Law Offices of Matthew C. Hines
639 Powder Springs Street, Unit D Marietta, GA 30069

By Appointment Only
Phone : 770-800-2000

Gainesville

Law Offices of Matthew C. Hines
175 John W. Morrow Junior Pkwy Gainesville, GA 30501

By Appointment Only
Phone : 770-800-2000

Austell

Law Offices of Matthew C.Hines
5000 Austell-Powder Springs Road, Suite 282 Austell, GA 30106

By Appointment Only
Phone : 770-800-2000

We serve clients throughout Georgia including those in the following localities: Atlanta, Gainesville, Norcross, Marietta, Austell, Alpharetta, Canton, Dallas, Hiram,Lithia Springs, Powder Springs and Gwinnett County.