Work Injury

According to the Centers for Disease Control (CDC), over one million non-fatal work injuries in 2020 led to workers’ taking time off. The three leading causes of work-related injuries were contact with objects and equipment; overexertion; falls, slips, and trips without a fall.

For people injured on the job, workers’ compensation should be there to protect them. Unfortunately, that isn’t always the case. Workers’ compensation doesn’t always pay the full cost of the injury. In cases where the injury was due to the actions of a third party or outside vendor, workers’ comp may not cover the injury.

Georgia law requires all companies with three or more employees to carry workers’ compensation insurance. Any injury suffered while on the job qualifies for coverage under workers’ comp, as does any condition caused by the work environment.

For instance, if you suffer from back pain and your doctor determines it is due to a stress fracture caused by repetitive lifting on the job, you may be able to file a claim through workers’ comp insurance.

However, workers’ comp has tradeoffs. It is essentially “no-fault” insurance, meaning you get immediate, unconditional insurance but give up the ability to sue your employer if they are at fault for the injury. Workers’ comp insurance is limited to:

• 100 percent of medical bills
• Ongoing disability benefits – though there could be coverage limits or gaps
• Two-thirds of your average weekly wages; maximum payment amounts are limited – or “capped” – by the state.

Workers’ comp does not cover:

• Non-economic damages like pain and suffering
• Legal damages against your employer for negligence.

You can recover two types of damages in a personal injury claim related to work in Macon, Georgia. These are economic damages and non-economic damages.

Economic Damages

Economic damages are those which have a specific monetary amount attached to them. Some common economic damages in a Georgia personal injury claim include:

• Lost wages and loss of income or economic opportunity (past and future)
• Medical expenses (past and future) related to the injury you sustained, including additional surgeries, rehab, and devices
• Home or car adjustment to accommodate your disability
• Property damages.

Non-Economic Damages

They are less easy to quantify but nevertheless affect your quality and enjoyment of life. Some non-economic damages include:

• Psychological and emotional effects, such as depression, anxiety, and PTSD
• Physical suffering, such as chronic pain and neuropathy
• Trauma
• Quality-of-life issues.

For instance, if your injury leaves you unable to travel to your children’s soccer games as you used to because you cannot sit outdoors for long periods, this is a “quality of life” injury for which you deserve compensation. This is because the injury has affected your ability to live the way you did before the accident.

While economic damages are easy to compute, determining non-economic damages is problematic because it requires expert testimony and witness statements. Making these claims stick requires the assistance of skilled attorneys who understand the evidence needed to prove your case.

Sometimes, your workers’ compensation won’t fully cover your injuries. You need extra assistance to make your case to the insurance company and the court in these special cases.

Product Defect Cases

A product defect can be due to poor product design or a piece of equipment that left the factory in a broken or damaged condition. For instance, a bearing may have been manufactured with low-grade steel, leaving it subject to stress fractures that could not be seen once the part was installed.

If you were injured when the product broke, you might have a product liability claim against the designer, manufacturer, distributor, or all three of the entities who placed the part into the supply chain. Proving that the defective component was the cause of your injury can require expert testimony and other specialized evidence.

Malicious Conduct Or Willful Negligence

Unfortunately, not all coworkers are good people. Some workers are careless, negligent, or even malicious toward others at the workplace. Your employer has a duty to correct this behavior if they are aware of it. If they fail to do so, you may have a cause of action against both the malicious coworker and your employer in the event of an injury.

Proving knowledge and failure to act takes a skilled legal team. This is the kind of case you’ll want top-tier attorneys to handle, like those with Mann Law Firm.

If you are injured on the job, you must notify your employer within 30 days of the injury or when you become aware that you had a job-related injury. If your workplace requires seeing a specific doctor or clinic, you must schedule your appointment there.

Because your employer’s insurance rates may go up if there are too many job-related injuries, like any other insurance, they may want to minimize your injury or deny your claim so you can start work sooner.

In some cases, your employer may not have caused your injury. Workers’ compensation will not cover an injury caused by a third party or outside vendor. For instance, if your building uses an outside janitorial service, and the janitor leaves a puddle of water in the stairwell that causes you to slip, the janitor and the service may be responsible for your injury, not your employer.

If your claim is denied because of improperly completed forms or missed deadlines, you have a right to appeal, but the process for appeal is complicated.

All these complications are why you should consult the Macon workers’ compensation lawyers with the Mann Law Firm. Besides helping you avoid these difficulties, we will investigate your claim and prepare your case if litigation is necessary. Our attorneys and their legal teams can help you by:

• Making sure all forms are filled out correctly and all procedures followed on time
• Investigating your case, interviewing witnesses, and gathering evidence to help prove your claim
• Obtaining all relevant work and medical records
• Negotiating with insurance companies for a fair settlement
• Representing you at any hearings
• Preparing your case and arguing on your behalf if a claim goes to trial.

You have enough concerns without handling legal affairs and mounds of paperwork. Let our attorneys take care of your insurance worries for you.

When people contact an attorney, they first ask what they can expect from their services. What are the benefits of having an attorney? When you choose Mann Law Firm, you get the personal attention of attorney David Mann. He will take the time to learn about your case and develop a winning strategy for you.

What You Get With Mann Injury Law

• A thorough investigation of your case. No matter the cause of your injury, whether on the job or off, our legal team will sort through the evidence to ensure that the facts in the case are found. We will locate the police and medical reports, find witnesses, and arrange depositions of all parties to make an accurate picture of the case.
• We are on your side throughout the case. Sometimes it seems like you’re fighting the world in an insurance claim. Employers want you back on the job as fast as possible. The other party wants to put all the blame on you. The insurance companies have whole legal departments on their side. You need someone fighting to protect your interests and get you the compensation you deserve.
• We deal with the insurance company and their attorneys. Attorney David Mann left a position with a large insurance company to work with his family-owned firm, so he knows how those legal departments work. He knows what to say when they offer lowball settlements and high-pressure tactics. When dealing with insurance companies or the state workers’ compensation board, you need someone who knows how the game is played.
• We fight to get you the maximum compensation you deserve. We understand that your injury has left you with bills and lost income. You need to know that someone is looking out for you and fighting to get you the best settlement possible.

David Mann wants all his clients to have their attorney’s full attention. He handles every case personally so he can get them the justice they deserve for their case. Unlike some large firms, he does not hand his cases off to junior staff or paralegals. This impersonal approach does not fit David’s belief that his clients are hiring him, not a staff member.

This hands-on personal touch came from learning the trade with his father, attorney Tommy Mann. Today, the practice focuses exclusively on personal injury cases: motor vehicle accidents, workers’ compensation, and wrongful death claims.

Accidents and injuries in the workplace can lead to numerous questions and concerns, especially when it comes to understanding your rights and seeking compensation. Below are frequently asked questions we get about work injuries.

Do I have to file a workers’ compensation claim?

You are never absolutely required to file a workers’ compensation claim, but you should consult a work injury attorney before deciding what insurance to use. Some people prefer to use their private insurance for various reasons, and some are afraid to report an on-the-job injury for fear of losing their job. There may be consequences for failing to report a work injury, so consult an attorney before turning down workers’ comp insurance.

Can I sue my employer if I file a workers’ compensation claim?

Workers’ comp aims to release your employer from any liability for your injury. In exchange for full coverage for your medical bills and income, you agree not to sue for anything related to the injury while you recover. However, workers’ compensation will cover all the costs, even if you were responsible.

Because you waive your right to sue even if your employer was negligent, you should consult a work injury lawyer if you believe your employer was at fault for your injuries.

I’m a contract worker for my company. Can I get workers’ compensation?

Maybe. In Georgia, an independent contractor is not eligible for worker’s compensation. Only employees and “statutory employees” are eligible. However, if you receive a 1099 from your employer, and they control the “manner, time, or method” of your employment, you may be able to claim you are not an “independent contractor.”

For instance, if your employer requires you to clock in and out during specific hours, wear a company uniform, or work in a prescribed manner, your status as an “independent contractor” becomes more suspect. In the California case of Alexander v. FedEx, for instance, independent drivers were considered employees of FedEx because they were required to wear distinctive FedEx uniforms, drive vans with the FedEx logo, and assigned specific routes from which they could not deviate.

If your work conforms to this “manner, time, or method” restriction, you should speak to a work injury attorney regarding your possible employment status and right to workers’ compensation coverage.

Can I choose my doctor for a work injury?

In Georgia, your employer or their workers’ compensation insurance company may provide a list of approved doctors for you to choose from. However, if your employer does not provide a list, you may have more flexibility in selecting a physician.

Can I be fired for filing a workers’ compensation claim?

Georgia law prohibits employers from retaliating against employees for filing a workers’ compensation claim. You may have legal recourse if you believe you have been wrongfully terminated due to a work injury claim.

Can I sue my employer for a work injury?

In most cases, you cannot sue your employer for a work injury in Georgia. Workers’ compensation is the exclusive remedy for workplace injuries. However, there may be exceptions in gross negligence or intentional harm cases.

If you’ve experienced a work-related injury in Macon, seeking the guidance of a skilled Macon work injury attorney is crucial to navigating the complexities of workers’ compensation law. An experienced work accident attorney can provide invaluable legal advice, assist in filing claims, and advocate for your rights. Don’t hesitate to reach out for the support and representation you deserve.

Contact the Mann Law Firm at (478) 742-3381 to schedule a free consultation and take the first step toward securing the compensation you’re entitled to.