Marietta Work Injury Lawyer
When you’ve been hurt on the job in Marietta, finding the right legal representation is crucial to securing the workers’ compensation benefits you deserve. At O’Connell Law Firm, LLC, our experienced Marietta work injury lawyers are committed to helping injured workers navigate Georgia’s complex workers’ compensation system. Andrew and Daniel O’Connell bring years of specialized experience to every case, ensuring that clients receive proper medical treatment and income benefits under Georgia law.
Our firm’s sole purpose is to make sure every client receives the medical treatment and income benefits to which they are entitled under the Georgia Workers’ Compensation Act. If you’ve never had to apply for workers’ comp before, it can be confusing to know if you are getting the right amount of benefits and how to settle your case. We’re here to answer your questions and guide you through the workers’ comp process while making sure you are treated fairly.
The Experience You Need After a Workplace Injury
Workers’ compensation is a specialized area of law that operates differently from other legal matters. Georgia workers’ compensation has its own state agency, its own laws, and its own judges. Hearings and appeals in workers’ comp cases have their own sets of rules and procedures that are unlike other courts. Getting a lawyer experienced in workers’ compensation is essential to helping you with your claim.
Andrew O’Connell has years of experience working for various defense firms and knows all the insurance company tricks and how to respond when they aren’t playing fair. Dan O’Connell has experience working directly for Georgia workers’ compensation judges and is intimately familiar with the courts and process involved in workers’ comp claims. Together, the O’Connell brothers have the well-rounded experience needed to tackle any Georgia workers’ compensation issue.
Attorneys throughout the region know our work and reputation and frequently refer matters to our firm. Personal injury lawyers who regularly represent people who have suffered an injury due to another’s negligence make the choice to call our office when they meet a client who has been injured on the job. They recognize the specialized nature of a workers’ compensation practice and trust that we will take good care of their clients and meet their needs.
Common Workplace Injuries We Handle in Marietta
Making sure you get the right medical care and level of income benefits means understanding the nature of your injury and the limitations it puts on you. We work with orthopedists and other medical specialists as needed to make sure we fully understand the facts of your case and are able to present those facts to the insurance companies as well as the judges and claims examiners at the Georgia State Board of Workers’ Compensation.
Our lawyers assist injured workers with any type of accidental injury or work-related illness. Manufacturing facilities near the Big Chicken area, retail locations along Cobb Parkway, and construction sites throughout Cobb County can all present unique workplace hazards. We handle cases involving catastrophic injuries, back and neck injuries, shoulder and knee injuries, hand and elbow injuries, foot and ankle injuries, occupational disease, hearing loss, and psychological injuries.
Whether you’ve been injured at one of the major employers in the Town Center area or suffered an occupational illness from long-term exposure at your workplace, we understand how to build a strong case for maximum benefits. Our workers’ compensation lawyers have successfully represented clients across various industries throughout Georgia.
Understanding Georgia’s Workers’ Compensation System
Georgia operates under a “no-fault” workers’ compensation system, which means that with few exceptions, injured workers can file a claim for benefits regardless of their contribution to the cause of the accident. However, insurance companies still have several defenses they may use to try and deny claims, including willful misconduct, violation of safety rules, failure to follow statutory duties, and intoxication by drugs or alcohol.
The amount of workers’ compensation income benefits you receive depends on your average weekly wage, calculated by adding up your gross wages for the 13 weeks preceding your accident and dividing by 13. Your workers’ compensation rate is two-thirds of your average weekly wage. For example, if your average weekly wage was $600, your workers’ compensation rate would be $400 per week.
Under Georgia law, all employers with three or more regular employees are required to have workers’ compensation insurance. This includes part-time and full-time workers, minors, and any person working under a contract of hire. If you’re unsure whether your employer has coverage, the Georgia State Board of Workers’ Compensation provides an online verification system.
Marietta Work Injury FAQs
Do I have to prove who is at fault in my workers’ compensation claim?
No. Georgia workers’ compensation law is a “no-fault” system. This means that with a few exceptions for defenses available to the insurance company, injured workers in Georgia can file a claim for workers’ compensation benefits regardless of the injured worker’s contribution to the cause of the accident and injury. However, in exchange for the right to receive “no-fault” benefits, injured workers cannot sue their employer and do not receive compensation for pain and suffering.
What defenses can employers use to deny my claim?
In Georgia, insurance companies have several “affirmative defenses” they can use to try and deny benefits. These include willful misconduct, violation of a safety rule, failure to follow a duty required by statute, and intoxication by drugs or alcohol. If the insurance company is trying to deny your claim with one of these defenses, you should discuss your case with an attorney to review your options.
How long do I have to file a workers’ compensation claim?
Time is of the essence in a workers’ compensation claim. Georgia has specific deadlines for reporting injuries and filing claims. Generally, you must report your injury to your employer within 30 days and file a formal claim within one year. However, there are exceptions and nuances to these deadlines that make it important to consult with an experienced attorney as soon as possible after your injury.
Can I choose my own doctor for treatment?
In Georgia workers’ compensation cases, the insurance company typically has the right to direct your medical care initially. However, you may have the right to request a one-time change of physician or seek a second opinion in certain circumstances. Understanding your rights regarding medical treatment is crucial to ensuring you receive appropriate care for your work-related injury.
What if my employer doesn’t have workers’ compensation insurance?
If your employer is required to carry workers’ compensation insurance but doesn’t have coverage, you may have additional options for recovering damages. This could include filing a personal injury lawsuit against your employer or seeking compensation through the state’s uninsured employers’ fund. These situations require immediate legal attention to protect your rights.
How much will it cost to hire a workers’ compensation attorney?
Most workers’ compensation attorneys, including our firm, work on a contingency fee basis. This means you don’t pay attorney fees unless we successfully recover benefits for you. The fee is typically a percentage of the benefits obtained and is regulated by state law. We provide free consultations to discuss your case and explain how our fee structure works.
Can I return to work while receiving workers’ compensation benefits?
Yes, in many cases you can return to work while still receiving certain workers’ compensation benefits. If you can only perform light duty or work reduced hours due to your injury, you may be entitled to temporary partial disability benefits. The key is ensuring that any return to work is medically appropriate and properly documented to protect your ongoing rights to benefits.
Serving Throughout Marietta
- East Cobb
- West Cobb
- Fairground
- Lemon Street
- Marietta Square
- Powder Springs
- Kennesaw
- Acworth
- Smyrna
- Austell
Contact a Marietta Work Injury Attorney Today
When you hire O’Connell Law Firm, you meet and speak directly with your attorney, not a case manager, so you get answers straight from the source and know your case is being handled with the utmost priority and diligence. You’ll find a family atmosphere at our firm and enjoy a family-type relationship with our attorneys and staff, an experience you can appreciate when you’re hurting and looking for help from a team you can rely on. Our Marietta work injury attorneys are ready to fight for the benefits you deserve and provide the skilled, aggressive representation needed to secure all benefits to which you are entitled under Georgia law.
