What Does a Worker’s Compensation Attorney Do?
While most people don’t think they’ll get hurt at work, it happens more often than most think. Atlanta and surrounding areas, like Sandy Springs, are expanding, and construction workers play a significant part in helping these areas grow. Therefore, workplace injuries are inevitable as these construction workers aid in building and developing these cities. These workplace injuries could range from having a strained back to something more severe like falling off a ladder or severing a part of the body. When these incidents occur, Sandy Springs Worker’s Compensation Attorney Mark Thomas helps fight for your rights to receive the compensation you deserve due to a workplace injury.
How can a Worker’s Compensation Attorney help me?
An experienced workers’ compensation attorney speaks with the insurer on your behalf, gathers evidence to support your claim, gets you the medical attention you need, represents you at any hearings, and negotiates a settlement.
In many cases, they have a difficult road ahead because insurance companies’ claims lack medical evidence. The attorney works to uncover all the evidence needed to support your claim by:
- Gathering all the facts and medical records
- Arranging treatment with specialists
- Getting different medical opinions from physicians
- Getting an independent medical exam for you
- Deposing medical experts
That’s just scratching the surface. Depending on the type of claim, a workers comp attorney may have to dig a little deeper, get testimonies from family, friends, and vocational experts, and examine your working conditions. In addition, they must know the background of the law, perform legal research, conduct discovery, draft pleadings, motions, and other legal documents, and litigate your case before a judge.
The worker’s compensation attorney’s role is to ensure your claim is heard and approved for a fair and equitable settlement.
What happens when I speak to a worker’s compensation attorney?
The attorney is there to answer all relevant questions and guide you through the process to ensure you understand what you may be facing. They will get information from the medical providers you have seen and complete the paperwork related to the claim. They are there to review everything to ensure that there isn’t any missing information or documentation to help your case.
The attorney may also speak to your supervisor to find out what happened. They will be able to uncover whether there were any improprieties or attempts to cover up the truth. They will also assist you with benefits and get you to trusted and knowledgeable medical practitioners to ensure you have what you need. Finally, the attorney intervenes and recommends that an independent medical practitioner assists, examines, and diagnoses any injuries sustained while being hurt at work.
Throughout this process, the attorney should communicate about any hearings, trials, depositions, and other legal-related appearances to ensure your preparedness. Sandy Springs Worker’s Compensation Attorney, Mark Thomas, believes communication is the cornerstone for helping those injured and that they should stay informed consistently. Hear more about what to expect when working with Attorney Mark Thomas on your Worker’s Compensation claim in this video: (insert video link)
What types of benefits are available?
Workers’ compensation laws vary by state, but the benefits are typically the same. They include vocational rehabilitation, wage reimbursement, certain medical benefits, temporary partial disability, permanent partial disability, and, worst-case scenario – permanent total disability.
What’s covered under Georgia Worker’s Compensation Laws?
The laws under worker’s compensation vary by state and federal statutes to offer protection for employees or dependents when employment-related diseases or accidents occur.
These statutes allow injured workers to receive compensation without bringing legal action against the employer. The amount of benefits, duration, and other factors are all based on the state. However, injuries sustained by independent contractors are usually not covered under workers’ compensation laws, but we still encourage consultation with an attorney to discuss your specific situation.
The purpose of worker’s compensation laws is to make employers liable for injuries sustained by their workers while on the job without regard to the negligence of the employee or employer. In addition, the injury suffered must occur in the course and scope of their employment for their claim to be valid, and an employee-employer relationship must be in place.
Are there any specific skills required of a worker’s compensation attorney?
Yes. Attorneys have an extensive background in the law, but worker’s compensation is a specialty. They should have:
- In-depth knowledge of the workers’ compensation laws and procedures
- Excellent written communication skills
- Excellent oral communication skills
- Litigation and trial experience
- Research and analytical skills
- Top-tier negotiation skills
- Able to work with a team and independently
- A good grasp of technology and legal software
- A good understanding of terms and issues in the medical, construction, science, engineering, and similar industries.
Education requirements for a worker’s compensation attorney
The attorney must have extensive education to represent you in a worker’s compensation case effectively. They should have an undergraduate degree, four years of law school, and have passed the bar exam in the state where they are trying to practice.
What types of compensation does a worker’s compensation attorney make?
When representing clients, the worker’s compensation attorney usually does not charge an hourly fee. Instead, they typically work on a contingency basis and collect their fees on the back end as a percentage of the award received. Some states have laws that cap the percentage to ensure the client gets a large part of their settlement. There are some situations where the fees may have to be approved by the judge or appeals board.
When should you contact a worker’s compensation attorney?
We recommend contacting a worker’s compensation attorney after suffering a work-related injury. Once you’re stable, after the injury has occurred, scheduling a consultation with a worker’s compensation attorney is crucial.
In addition, it’s essential to contact a worker’s compensation attorney if your claim has the potential to be denied or you feel as if you haven’t received a worthy settlement offer. Other instances may warrant calling a worker’s compensation attorney:
- You lack the medical evidence to support your claim
- The employer is disputing your claim
- You don’t know whether to accept the settlement
- You have a high-value claim
- You have an extensive amount of long-term injuries
- You need to file an appeal for your claim
If you’ve suffered a workplace injury and need to understand your rights as an employee, contact our team at Mark Thomas Law offices today for a free consultation by calling 404-984-2653. Let our team help you and your family gain normalcy again.