We Know Injury Law

Advocating For Injured Workers In Atlanta

Being injured on the job can turn your life upside down. We understand, and we want to help. While you focus on your health and your family, let us handle your workers’ compensation claim.

At the Law Office of Perry Dean Ellis, P.C., we are in our third decade of helping injured people get the compensation and benefits they need and deserve after workplace injuries. Our attorneys can handle your work injury claim from start to finish, as well as help find you appropriate medical care for your specific injury.

For a free consultation on workers’ comp, contact us today at 404-692-7474. We advise and represent injured workers and their families in the Atlanta metro area and throughout Georgia.

Your Rights And Responsibilities After A Workplace Accident

The Georgia workers’ compensation system is very specific in its procedures. If you have been injured on the job, there are specific steps you have to take in order to maximize and receive workers’ comp benefits.

For example, you must report your injury to your employer within 30 days of being injured. Also, you should get medical treatment as soon as possible — not only for your health, but also to start a medical trail of your injury. Our lawyers will help you find appropriate medical providers and treatment. In Georgia, your employer will provide you with a list of six doctors to choose from, all specialists. You can decide which doctor to see.

Workers’ compensation benefits cover medical expenses, as well as lost income in the event that your injury disables you from working. For more on that, please see our guide to weekly benefit checks. The amount you are entitled to depends on factors like whether you are entitled to partial disability benefits or permanent disability benefits, and your average weekly wage prior to the injury.

And keep in mind that it does not matter who was at fault for your injury; Georgia workers’ compensation is a no-fault system. If you have questions about the workers’ comp process, our Workers’ Compensation FAQ is an excellent resource.

Failed Drug Tests And Workers’ Compensation

Your employer may require you to take a drug test after a workplace accident. Employers have eight hours under the law to test an injured employee for intoxication. If those eight hours pass, the burden is on the employer to prove you were intoxicated. If you test positive, the burden is on you to prove you were not impaired.

However, a positive test may not be the end of the line for your workers’ compensation case depending on the circumstances of your case. For example, if you are injured on the job and are treated for your injuries at the hospital with pain medications and test positive, they may deny your claim. Still, it could be easier to argue that you were not impaired at the time of your accident. Scenarios like these are why it is important to discuss whether a failed drug test will prevent you from collecting workers’ compensation, even after your claim was denied. Read more about failed drug tests and workers’ comp here.

Other Important Information | What To Expect

  • Under Georgia state law, an employer is only required to have workers’ compensation insurance if the employer has three or more full-time employees.
  • If your claim has not been reported to the workers’ compensation insurance carrier by your employer, we will notify your employer to turn the claim in to their WC insurance company. The process will take about five to seven days to get your case claim started.
  • If your claim has been reported to the insurance company, we will need to send a letter of representation to the insurance company. This process will take about three to five days to set up your file.
  • Please do not directly contact the insurance company. By law, once you have hired an attorney, the insurance company can no longer speak to you directly.
  • If your claim has been wrongfully denied, we will request a court hearing to go in front of a workers’ compensation judge. Your hearing date will be set on the first available calendar date, which is usually two to three months after the court receives the request.

Once your case is settled, the insurance company’s attorney will send us settlement papers that you will need to sign. After you sign them, the State Board of Workers’ Compensation will need to approve the settlement before your check will be issued. The entire process usually takes about one month, give or take.

Once a settlement has been reached and we receive the check in our office, we will contact you immediately so that you can make arrangements to come to our office to sign the final documents and receive your money.

Get A Free Consultation | Contact Us

To arrange a free consultation, please call 404-692-7474 or send us an email. Our skilled lawyers and courteous, responsive staff are ready to help you. We advise and represent clients in Atlanta and throughout Georgia on workers’ comp law.

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