Workers Compensation Claims
In Georgia, workers are subject to “The Exclusive Remedy Doctrine,” which states that, as condition of employment, workers are to be limited to workers compensation claims alone when suffering a compensable injury on the job and they cannot maintain a separate lawsuit against their employer, absent an intentional act causing their injury or gross negligence. With that said, the claim is comprised of the injured party receiving a portion of their wages while out of work and medical treatment geared toward rehabilitation and getting him or her back into the workforce as soon as their medical conditions will allow. At the conclusion of their medical treatment, the injured party will also receive a permanent disability rating which will dictate a lump sum to be received which is also a function of their average weekly wage. The client should note at all times that the claims are being administered by the employer’s insurance company and their goal is often to provide as little compensation as possible and expensive medical treatment is often minimized or withheld altogether.
They do not have the final say. In fact, it’s just the beginning. If you have been injured in a work-related accident, we strongly urge you to contact the Kurz Law Group for a free consultation so that we can best advise you as to all your legal rights, as well as to the pitfalls often associated with these claims. As in any other case, it is in the insurance company’s financial best interest to pay out as little as possible and to maximize the premiums collected by their policyholders. Many people often think that, because they have a “good relationship” with their employer or because they have been at their job for many years, they’re not likely to be subject to poor or unfair treatment by their employer’s insurer. In our experience, this is not the case. It’s also important for our clients to realize they have their choice of more than one physician provided by their employer and, if the employer has not legally provided for any medical treatment under the Georgia Rules of Workers Compensation, then the injured party has a right to seek medical treatment from any physician they choose.
It’s also been our experience that insurance doctors are usually not inclined to give such high disability ratings to their patients for fear of compromising their professional relationship with the insurance company and potentially jeopardizing an endless source of referrals. In short, you’re not stuck with the final rating they give you – they just want you to think you are. If you have suffered an on the job injury, we strongly urge you to contact this law firm as soon as possible to discuss the numerous important aspects of your workers compensation claim. Attorneys’ fees are set by the State Board of Workers compensation, they are a function of your recovery, and you don’t pay us anything out of pocket at any time. You do not need to go this alone and there is no benefit to waiting. Show them you’re serious and let us add the value to your claim that we know how to do. Show them you’re not to be taken advantage of and that you came to win.