Roswell Workers’ Comp: Fault Doesn’t Kill Your Claim

Navigating the workers’ compensation system in Roswell, Georgia, can feel like wading through a swamp of misinformation. Are you sure you know the truth about your rights after a workplace injury?

## Myth 1: I Can’t Get Workers’ Compensation if My Injury Was Partly My Fault

This is a common misconception. Many people believe that if they contributed to their workplace injury in any way – perhaps by not following procedure perfectly or by being momentarily distracted – they are automatically disqualified from receiving workers’ compensation benefits in Georgia.

That’s simply not true. Georgia operates under a “no-fault” workers’ compensation system. This means that, in most cases, you can receive benefits regardless of who was at fault for the accident. There are, of course, exceptions. For example, if you were injured because you were intoxicated or deliberately violated safety rules, your claim could be denied. According to the State Board of Workers’ Compensation (SBWC), benefits can be denied if the injury was caused by the employee’s willful misconduct SBWC Website. But, in general, mere negligence on your part will not bar you from receiving benefits.

I remember a case we handled a few years ago involving a construction worker in Roswell who tripped over some debris at a job site near the intersection of Holcomb Bridge Road and GA-400. He admitted he wasn’t paying full attention because he was thinking about a personal matter. The insurance company initially denied his claim, arguing his inattention was the cause. We successfully argued that his negligence didn’t rise to the level of “willful misconduct,” and he was ultimately awarded benefits.

## Myth 2: I Have to See the Company Doctor

Many employers lead their employees to believe they must see a doctor chosen by the company after a workplace injury. While your employer (or their insurance company) does have the right to direct your initial medical care, that doesn’t mean you’re stuck with their choice forever.

Under Georgia workers’ compensation law, you have the right to seek treatment from a physician of your own choosing after you have received authorized treatment from the company doctor. Now, here’s what nobody tells you: getting approval for that independent medical examination (IME) can be tricky. You may need to formally request a change of physician from the State Board of Workers’ Compensation.

I’ve seen this play out many times. For example, I had a client last year who worked at a manufacturing plant near Mansell Road. He was initially sent to a doctor who seemed more interested in getting him back to work quickly than in properly diagnosing his injury. We filed a request for a change of physician, and after a hearing before an administrative law judge in Atlanta, he was approved to see a specialist who finally identified the full extent of his injuries. If you are in Dunwoody, it is important to know that pre-existing conditions matter.

## Myth 3: I Can’t Afford a Lawyer, So I’m On My Own

The fear of legal fees prevents many injured workers from seeking the help they need. They assume that hiring a workers’ compensation lawyer in Roswell will be too expensive.

Fortunately, most workers’ compensation attorneys, including us, work on a contingency fee basis. This means that you don’t pay any attorney’s fees unless we win your case and obtain benefits for you. The attorney’s fees are then a percentage of the benefits we recover for you, as approved by the State Board of Workers’ Compensation. O.C.G.A. Section 34-9-108 outlines the specifics.

Think of it this way: you’re investing in expertise to navigate a complex system. A good lawyer can often secure significantly more benefits than you would be able to obtain on your own, even after attorney’s fees are deducted. We often see cases where an initial settlement offer is far below what the injured worker is actually entitled to.

## Myth 4: I Can Be Fired for Filing a Workers’ Compensation Claim

This is a scary thought for many employees. They worry that if they file a workers’ compensation claim in Georgia, their employer will retaliate against them by firing them or otherwise making their work life miserable.

While Georgia is an “at-will” employment state, meaning that an employer can generally fire an employee for any reason (or no reason at all), it is illegal to fire an employee solely in retaliation for filing a workers’ compensation claim. If you believe you have been wrongfully terminated for this reason, you may have a separate legal claim for retaliatory discharge.

Proof can be difficult, of course. Employers rarely admit that the firing was retaliatory. But circumstantial evidence – such as a sudden change in performance evaluations or a termination shortly after filing a claim – can be used to support a claim of retaliation. It’s worth noting, however, that proving this requires a separate legal action in Fulton County Superior Court. I’ve seen employers mask retaliation with claims of “restructuring” or “performance issues,” which makes a strong legal defense all the more critical. If you are in Marietta, be sure you choose the right lawyer.

## Myth 5: I Only Have a Few Days to Report My Injury

While it’s true that prompt reporting is crucial, the idea that you only have a few days to report a workplace injury is an oversimplification. While you should report your injury as soon as possible, Georgia law actually gives you up to 30 days to report the injury to your employer (O.C.G.A. Section 34-9-80).

However, here’s a word of caution: waiting even a week or two can create problems. The longer you wait, the more difficult it becomes to prove that the injury occurred at work. The insurance company may argue that the injury happened outside of work or that you are exaggerating the severity of your condition.

Consider this: A client of mine who worked at a landscaping company near Roswell Area Park delayed reporting a back injury for three weeks, thinking it would get better on its own. By the time he finally reported it, his employer was skeptical, and the insurance company initially denied his claim. We eventually won the case, but it would have been much easier if he had reported the injury promptly. Many Savannah workers need to know what they need to know to file a claim.

Navigating the workers’ compensation system can be daunting. Don’t let misinformation dictate your next steps. If you’ve been injured at work, speaking with an attorney who understands the intricacies of Georgia law can make all the difference in securing the benefits you deserve. If you feel your negligence is costing you benefits, you should speak with an attorney.

Don’t let myths and misconceptions prevent you from getting the workers’ compensation benefits you deserve. Take action: Document your injury thoroughly and contact an attorney for a free consultation to discuss your legal rights and options.