Physical accidents can be quite common at work anywhere in the world and Atlanta, Georgia is not an exemption. Examples of these accidents that can happen in an Atlanta-based company may be a broken arm from falling off a ladder, an injury to the back from heavy box lifting, or CTS or carpal tunnel syndrome because of years of typing from a computer. These examples are a lot more common than one can think. A workers’ compensation lawyer in Atlanta can help workers who were injured on the job to get compensation for these injuries, including but not limited to medical bills and wage losses.
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The workers’ compensation laws offer various available benefits to those employees who have been injured at work, depending on the injury. These compensable benefits can include:
- Permanent Partial Disability Benefits
- Permanent Total Disability Benefits
- Temporary Partial Disability Benefits
- Medical Benefits
- Vocational Rehabilitation Benefits
- Wage Reimbursement Benefits
Workers’ compensation lawyer Atlanta knows that compensation laws for workers are ruled by individual state legislation and by federal statutes as well. Both of these bodies are for employees or their qualified dependents to be provided with fixed awards in cases where work-related accidents or diseases occur.
These workers’ compensations laws that are statutorily prescribed enable injured workers to be awarded compensations even without triggering legal actions against their employers. Different state laws differ in terms of the type of covered workers, the number of benefits, the duration or length of benefit coverage, and other pertinent specifics.
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The aim of most workers’ compensation lawyers Atlanta and laws are to hold the employer strictly liable for the sustained injuries of the workers in the course of their employment. This is without regard to the negligence of either party. Two qualifications should be satisfied. Firstly, the injury should arise in the course and within the scope of employment for it to be a valid claim. And second is that an employee-employer relationship must exist between the parties.
This goes to say that independent contractors are non-covered under most of the workers’ compensation lawyer Atlanta cases.
Overall Duties of a Worker’s Compensation Lawyer Atlanta
The eventual goal of a workers’ compensation lawyer Atlanta representing the claimant or the injured worker is to aid him or she obtain benefits.
While the goal of the workers’ compensation lawyers in Atlanta representing the employer or their insurance company is to allay the defendant’s obligation.
A workers’ compensation lawyer Atlanta’s typical functions may include:
- Gathering medical records and pieces of evidence
- Taking a statement from the injured worker, physicians, medical experts, and other parties involved
- Executing legal research
- Being updated with the latest development in workers’ compensation laws
- Drafting legal documents like pleadings, motions, beliefs, findings of the fact, opinions, and other
- Contesting cases before the judge or referee
The lack of comprehensive and concrete medical support or evidence is one of the main reasons cases of workers’ compensation claims go downhill. It is the critical responsibility of a workers’ compensation lawyer Atlanta to prevent this from happening.
Specific Offense Workers’ Compensation Lawyer Duties
The claimant workers’ compensation lawyer Atlanta must have a working comprehension of the process of claims filing. The workers’ compensation lawyer Atlanta on the claimant side should also have compassion for the injured party’s troubles. A lawyer representing the injured worker claimant will have to:
- Guide client’s throughout the workers’ compensation process
- Answer clients’ questions
- Represent the interest of the worker-client at hearings, trials, mediations, arbitrations, oral arguments, and other proceedings
- Complete paperwork relating to the workers’ compensation claim
- Contact medical experts and providers
- Support the worker-client with benefits such as appropriate medical care
- Converse with the worker client’s supervisors on the status of the injured worker
- Negotiate settlements on the claimant’s behalf
A prestigious claimant’s workers’ compensation lawyer Atlanta must have superior negotiation skills which are based on accurately-made assessments of the case’s honest worth. The legal assessment should not involve pipe dreams or inflated figures.
The claimant’s workers’ compensation lawyer Atlanta should be able to recognize when a “final order” from the court is not quite final.
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Specific Defense Workers’ Compensation Lawyer Duties
On the defense side, the workers’ compensation lawyer Atlanta is there to help employers or insurance companies to mitigate their obligations. They should also be there to defend against the workers’ compensation claims.
A workers’ compensation lawyer Atlanta representing the defense must understand the claims-handling process for individual business units they work together with. They should also be able to calculate exposure and budget costs effectively. Defense workers’ compensation lawyer Atlanta should also have a working knowledge of billing procedures. Lawyers on the defense side of a workers’ compensation lawsuit have the responsibility to:
- Communicate with claims representatives
- Represent the interest of the self-insured employer or insurer at hearings, trials, mediations, arbitrations, oral arguments, and other proceedings
- Assist with the investigation of the accident and other problem areas
- Monitor running loss reports for fluctuations and trends or increases
- Alert the defendant of concerns in loss run reports
- Manage the workers’ compensation budget and costs
- Submit complied reports required by the employer management
- Coordinate and attend reviews of claims
- Negotiate settlement on the behalf of the employer or insurance
Skills That a Workers’ Compensation Lawyer Atlanta Should Have
To be an excellent workers’ compensation lawyer in Atlanta, other capabilities and know-how are expected to be essential legal skills. These additions to their arsenal may include:
- A strong trial and litigation experience
- Extensive knowledge of workers’ compensation laws, processes, and procedures
- Effective oral and written communication skills
- Strong analytical skills
- Excellent research skills
- Excellent negotiation skills
- Ability to work independently as well as with a team
- Ability to handle multiple caseloads and deadlines
- Strong technology know-how
- Extensive understanding of medical, construction, engineering, products, and scientific issues inherent in most workers’ compensation cases
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Like any U.S. attorney, a workers’ compensation lawyer Atlanta must get an undergraduate degree and complete 4 years of law school. The workers’ comp lawyer also needs to obtain a license by passing the Georgia bar exam as this is their place of practice.
Make sure to hire a reliable and well-rounded workers’ compensation lawyer Atlanta to get a strong chance to win the case whether you are the claimant or the defendant for that matter.