Gwinnett County Workers’ Compensation Lawyer
Whether you work in an inherently dangerous industry or work a typical office job, you could suffer workplace injuries that may cause significant physical impairments or even death. Fortunately, in the event of a workplace accident, injured victims may be able to obtain compensation.
If you or a family member were injured or killed due to a workplace accident, you should speak with a knowledgeable attorney about your rights. A Gwinnett County workers’ compensation attorney could advise you of any potential workers compensation claims you may have against your employer.
Types of Workplace Accidents in Gwinnett County
Although every workers’ compensation case is unique, some workplace accidents that generate workers’ compensation claims occur more frequently than others. Common work accidents that typically result in viable workers’ compensation claims include:
- Machinery or equipment malfunctions
- Falling off scaffolding or construction equipment
- Being hit by falling object on a job site
- Tripping over office equipment
- Slipping and falling because of wet floors
- Performing repetitive movements
- Lifting or carrying heavy objects or performing other strenuous tasks that cause physical overexertion
When employees suffer injuries in one of these types of accidents, they likely have a meritorious workers’ compensation claim. A workers’ compensation attorney in Gwinnett County could review the facts surrounding injured workers’ workplace accidents and assist them in developing a legal strategy to bring an actionable claim against their employers.
How are Damages Calculated in Workers’ Comp Cases?
Under Georgia law, workers who incur medical costs or need rehabilitative care may receive workers’ compensation for these expenses, provided that a licensed physician prescribed the course of treatment employees underwent or are currently undergoing. Workers may also receive disability income benefits if their injuries restrict them from working. The amount of disability income benefits injured workers or family members of deceased workers could receive depends on whether injuries disable employees from working entirely and whether workers suffer permanent or temporary injuries.
What is Total Disability?
If workers suffer injuries that prevent them from working or performing their job functions, O.G.C.A. § 34-9-261 allows claimants to recover weekly disability benefits equal to two-thirds of their average weekly income or up to $675 per week, whichever is less. Regardless of whether the injuries are permanent or temporary, claimants may only recover this type of benefit for 400 weeks, unless the law deems the injuries catastrophic. If the injuries are catastrophic, meaning they caused paralysis, amputation resulting in severe loss of the use of an extremity, irreparable brain damage, total blindness, or significant second- or third-degree burns, then workers may collect total disability benefits until their condition improves, which is unlikely to happen.
Additionally, the law permits dependents of workers killed in job-related accidents to receive death benefits that cover burial expenses of up to $7,500 and compensation for lost income caused by the worker’s death.
Georgia law provides different compensation schedules for workers who suffer temporary partial disabilities and permanent partial disabilities. For workers who sustain injuries that cause partially disability on a short-term basis, the law permits claimants to recover the difference between two-thirds of their average weekly wage before the injury and after injury up to $450 per week, for a maximum of 350 weeks. Those who suffer permanent partial disability may receive the same amount of compensation as those who suffer a total disability, but for durations that specifically correlate with the type of injury sustained.
Calculating the specific amount of benefits claimants could receive can become complicated. A skilled Gwinnett County workers’ compensation attorney could help claimants estimate the total amount of benefits they could receive based on the facts of their case and file claims to recover those benefits on claimants’ behalf.
Schedule a Consultation with a Gwinnett County Workers’ Compensation Attorney
If you or a loved one suffered serious or fatal injuries in a work-related accident, a Gwinnett County workers’ compensation lawyer might be able to help you.
A workers’ compensation attorney in Gwinnett County could analyze the facts surrounding the accident to assess whether you have a potential claim. A lawyer could file a claim on your behalf, safeguarding any rights to may have to compensation. Call today to get started.