Workplace Accident Lawyer Serving Gwinnett County
If you or a loved one has suffered a workplace injury, you may need to
fight hard to get the compensation you deserve.
According to a 2021 report by America’s Health
Rankings, there were 5,333 fatal workplace injuries in Florida in 2019. Many
thousands more are injured every year due to workplace accidents and receive
less compensation than they are entitled to.
Whether you have suffered a broken bone from a slip and fall injury or a catastrophic injury from working with machinery, workplace and personal injury laws protect you and entitle you to recover fair compensation.
At the Law Office of Adam D Brown, we provide the personalized and aggressive representation you need to ensure that your injury doesn’t end up negatively impacting your life in the long term.
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What should you do if you’re injured in a workplace accident?
After a workplace accident, there are three critical steps to take.
You need to report the incident as soon as possible to your supervisor and receive medical treatment for your injuries. The order in which you carry them out may depend on the extent of your injuries but do not fail to take both steps.
Your injuries should be checked by a medical professional whether or not you believe you are badly hurt so that they are on your official medical record. Your accident injuries may turn out to be more serious than you realize and could even have long-lasting effects on your life.
If so, you will need documentation of your injuries to provide the proof required to receive the maximum compensation available.
The third step—again depending on the extent of your injuries—is to contact an experienced workplace accident lawyer in the Gwinnett County area.
What if you’re at fault for a workplace injury?
With a workman’s compensation claim, you can still receive compensation regardless of fault. There is no requirement to prove that your employer was negligent.
Some employers in Gwinnett County try to deter an injured employee from filing a claim if the accident was the fault of the employee. This is poor advice and you should check your legal status by speaking to a qualified personal injury attorney.
Fault is not a factor in workers’ compensation cases. Therefore, benefits are available to you even if you are accused of causing the accident.
We will protect your rights in this respect and aggressively pursue the compensation that you are entitled to.
EXPERIENCED WORKPLACE ACCIDENT INJURY LAWYER IN GWINNETT COUNTY, GEORGIA
If you have been hurt in a construction or workplace accident due to someone elses negligence, contact the Law Office of Adam D. Brown, LLC today at (404) 883-8893 for a confidential consultation about your case.
Types of workplace accident injuries
The most common types of workplace accidents that we see in Gwinnett County are the following:
- Slips and falls
- Vehicle accidents
- Being hit by an object
- Exposure to toxic chemicals
Sometimes, physical stress or strain in the workplace also causes injuries. The accident injuries may be catastrophic or less serious but any workplace injury has the potential to seriously impact your life.
Most commonly, we see the following in Gwinnett County:
- Brain trauma
- Spinal cord damage
- Broken bones
- Loss of sight/hearing
- Internal organ damage/puncture wounds
In the most serious cases, the injured victim dies. Regardless of the full extent of the injuries, it is important to receive legal advice after a serious workplace accident.
Claiming workers’ compensation in Gwinnett County
Most employers in Georgia are required to carry workers’ compensation insurance, which covers the majority of workplace accidents.
Injured employees (but not independent contractors) can claim a variety of benefits including the costs of medical bills, rehabilitation costs, and lost income during the recovery period when it is not possible to work.
Workers’ compensation only covers injuries that occur at work while performing the duties you are paid to do. It applies from the first day of your employment to the last but does not cover break times or when travelling to or from work.
An application for workers’ compensation means that you will waive the right to sue an employer for losses. In some cases, if your employer was negligent and it resulted in a workplace injury and you can prove it, it may pay to file a personal injury lawsuit against your employer rather than filing a workers’ compensation claim (see below).
It is important to seek advice about your legal options from an experienced workplace accident injury lawyer.
What workers’ compensation can you recover?
The amount of workers’ compensation you can claim depends mainly on the extent of your injuries.
All of your medical bills and rehabilitation expenses will be covered but the law imposes limits on the amount you can receive in lost income, according to the following injury classifications:
If you can continue to work in a limited capacity during your recovery, you are entitled to two-thirds of the difference between your previous earnings and what you can earn now. These benefits are capped at $450/week for a maximum of 350 weeks.
If you are out of work temporarily for at least seven days, you are entitled to two-thirds of your previous weekly salary (up to $675/week) for a maximum of 400 weeks or until you have reached maximum medical improvement.
Maximum medical improvement is usually taken to mean the time after which you cannot heal any further with medical intervention, i.e., you will need to live with your injury and perhaps work in a reduced capacity.
Why file a premises liability claim for a workplace accident?
While workers’ compensation can be an excellent source of compensation if you were at fault for your accident or if it is challenging to prove that employer negligence resulted in your accident injuries, there are times when a premises liability lawsuit may be preferable.
If you can prove negligence from your employer, a lawsuit can lead to higher compensation because you can claim pain and suffering as well as medical expenses, any other out-of-pocket expenses, and lost earnings/earning capacity.
This can amount to considerably more than a workers’ compensation claim, which is subject to statutory limits.
If you are an independent contractor or the accident occurred outside of paid work hours, you are not covered by workers’ compensation so a premises liability lawsuit may be your only legal option to claim compensation.
Sometimes, too, employers fail to obtain a workers’ comp policy or are not legally required to do so.
In each of these cases, a personal injury lawsuit may be the best way to proceed.