Although a work-related injury may be inconvenient, it is sometimes difficult to determine if it is worth it to contact a workers’ compensation attorney. Many employees do not fully understand the workers’ compensation system and this unfamiliarity can result in injured workers opting to not file a workers’ compensation claim when in reality, they should. Sometimes a workplace injury can be remedied without filing a workers’ compensation claim, however, it is always a good idea to contact an attorney to understand your rights as an injured worker and how to proceed with filing a claim in the event that your employer does not properly handle your on-the-job injury.

There are three primary reasons that many injured workers choose not to contact an attorney after a workplace injury. It is important to understand that you have every right to contact an attorney so you are equipped with the knowledge necessary to decide whether or not you want to file a claim. 

1. Too Minor of an Injury: Oftentimes, workplace injuries do not require serious medical attention. This could be an ankle sprain from tripping, a small cut from a machine, or even a bruise from bumping into something. Although these injuries will likely heal on their own without the attention of a medical professional, at a minimum, you should strongly consider still contacting an attorney. An experienced workers’ compensation attorney will help you determine your rights as an injured worker which is crucial so you are on equal footing with your employer’s insurance company. This knowledge can be powerful in situations where the insurance company or your employer may be attempting to cut back on the benefits you deserve. Contacting an attorney will also help you to determine if it is lucrative to file a claim at that time or potentially in the future if your injury worsens over time. 

2. Employer retaliation: A major fear for many injured workers is that if they file a workers’ compensation claim, their employer could retaliate against them in the form of termination or some other undesirable consequence. Georgia is an at-will state meaning, in reality, your employer can fire you for almost any reason unless it is because of a constitutional right such age, gender, sex, etc. Although this may seem like it would permit employer retaliation, if your employer fires you because of your injury, you are entitled to immediate commencement of indemnity/weekly checks. If, however, you are fired for unrelated reasons, you will have to prove that you are unable to find other work because of restrictions resulting from the work injury. If you are able to prove you cannot find other work, you then will be eligible to receive weekly indemnity checks.

Do not hesitate to contact an attorney if you feel like your rights are being violated at your place of employment. If you have been injured on-the-job, you should receive no retaliation for reaching out to an attorney to ensure you understand the workers’ compensation process and what benefits you should receive as a result of your injury. 

3. Is the Reward Worth the Time/Effort? The Georgia workers compensation system is a no-fault system meaning negligence by any party does not need to be proven in order for benefits to be awarded. This can be a positive thing for injured employees as it does not matter if the injury was the fault of that employee, however, because Georgia is a no-fault system, jury trial and pain and suffering is not available for employees. Despite the fact injured employees in Georgia do not have access to a jury trial or pain and suffering, they do have three main rights. These include weekly payments to compensate for lost work, access to medical treatment, and Permanent Partial Disability (PPD) given by a doctor at the end of a case when the employee has reached MMI (maximum medical improvement). 

If you have suffered from an injury on the job, regardless of the severity, it is important to prioritize contacting a workers’ compensation attorney. They will work with you to help you understand your rights to ensure you receive the full benefits you deserve. Call Poirier Law Firm today if you are an injured worker so you can receive all of the information you need to be best prepared when speaking to your employer or insurance company about the benefits you are eligible for.