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Workers' Compensation Attorney in Atlanta
Work injuries can turn life upside down. We fight for injured workers to access the medical care and wage support they’re entitled to.
Results may vary depending on your particular facts and legal circumstances. The attorney featured may not be licensed in your state. For a full list of attorneys in your state please visit our attorney page.
Georgia Personal Injury Lawyers
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Atlanta Workers' Compensation
Getting hurt on the job can be a stressful period in your life. You have medical bills and missed time at work, and sometimes you’re even dealing with pressure from your job and its insurance so it can avoid compensating you for your troubles. While there are many similarities, each state has its own laws that govern workers’ compensation.
Georgia’s workers’ compensatlation laws have their own specifics, and the Morgan & Morgan attorneys in Atlanta are well-versed in the ins and outs of the law. Whether you have been recently injured on the job, are dealing with a complicated case, or have been denied your claim for various reasons, we can help you navigate these tricky waters.
To find out how we can help with your claim, please fill out a free case review form today.
Why Hire an Attorney for Your Workers’ Compensation Claim?
Even though workers’ compensation is meant to benefit everyone — from you to your employer to its insurance carrier — oftentimes the carrier will look to deny your claim. When it's reluctant to offer an injured employee the compensation they deserve, we can be there to help ensure a legitimate workers’ compensation claim.
Insurance companies may be wary of workers’ comp fraud, which occurs when employees make fake or exaggerated claims to yield a significant payout, or may refuse to pay because it isn’t in their financial interest. Likewise, employers might deny a claim because they don’t want their premiums to rise, or try to cover up the injury and deny it ever occurred.
You will have a better chance of receiving the benefits you’re entitled to with an attorney at your side than going it on your own. An Atlanta workers’ compensation lawyer can help you gather evidence to bolster your case, such as medical records, safety reports, and even eyewitness testimonies if possible. If with all of this, your claim is still denied, an attorney may be able to file an appeal with the Georgia workers’ comp board demanding those benefits be paid.
An attorney can also help you determine whether you can seek additional damages for your injury. Workers’ compensation in Georgia covers lost wages, medical treatment, and permanent partial disability funds. But if someone other than your employer has some responsibility in your accident, your lawyer can figure out whether a third-party lawsuit is possible. A third-party lawsuit could be against the manufacturer of a defective piece of equipment that helped cause an injury.
Filing a Claim With a Lawyer’s Help
In Georgia, any employer with three or more employees is required to offer workers’ compensation insurance. Injured workers have 30 days to file what is known as a notice of injury with their employer. It is important to report your injury as soon as possible and not delay the process. The notice should be filed as soon as is practical following the injury. This step needs to be completed before your actual workers’ compensation claim can begin.
Following the notice of injury, a workers’ compensation attorney can help you file a WC-14 form with the Georgia State Board of Workers’ Compensation. At this point, there are several issues that need to be addressed before your case can move forward:
- Determining where on the work site the injury took place
- Confirming the victim's employment with the defending employer
- Proving the injury was due to the course of work
- Making sure the Georgia State Board of Workers' Compensation has jurisdiction
- Accessing records of the victim's wages
Once you have reported your injury, you must see a doctor who is provided by your employer’s insurance. One way your employer can do this is to post a panel of at least six physicians that you may choose from. A lawyer can help you pick the right one, and if your claim is denied, they can help you find a doctor who can offer you a second opinion for your appeal.
Options if You Were Denied a Claim
There’s no guarantee that your claim goes through. Perhaps the insurance company decides that there isn’t enough evidence that the injury was caused by an accident in the office or that it was the result of a preexisting condition. Our Atlanta workers’ compensation attorneys have seen employers use a wide range of tactics to try to undermine the workers’ compensation claims of our clients. Some examples include:
- Claiming a victim’s fall was caused by their own negligence
- Unjustly giving the employee a negative performance review
- Falsely claiming that an employee’s injury has already healed
- Firing an injured employee who has been cleared for work by an employer-assigned doctor
The appeals process for someone who was denied workers’ compensation in Georgia begins with a hearing scheduled within 60 days of when the administrative law judge receives your file. This judge, after hearing both sides of the case, will either issue you an award or deny your claim. In some cases, the appeals process can go even further, and you can continue to appeal after your claim has been denied again.
Workers' Compensation for the Independent Contractor
In general, independent contractors in Georgia are not offered workers’ compensation. As such, there are times when employers will try to take advantage of this and misclassify employees as independent contractors in an attempt to avoid paying workers’ comp.
Even if you’re classified as an independent contractor, however, there are ways you can be eligible for these benefits. For example:
- If they are given a structured work schedule from a third party
- If their working conditions are not personally controlled
- If the means by which the victim completes their job is dictated by another individual, entity, or company
Morgan & Morgan’s Atlanta attorneys can work with you to determine if your employer has misclassified you as an independent contractor. If that turns out to be the case, they may be able to help you file a claim.
Contact Us About Your Case
Time is of the essence when it comes to a workers’ compensation claim. If you need help with any part of the process, do not hesitate to contact us for a free, no-obligation case review. If you feel you’re entitled to benefits you aren’t getting, please complete our form today.
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Do I have a workers’ compensation claim in Atlanta?
Most on-the-job injuries and occupational illnesses are covered if they arise out of and in the course of your work. That includes single-incident accidents (falls, machinery injuries), repetitive stress (carpal tunnel, tendonitis), and exposure-based conditions (hearing loss, respiratory issues). If your injury required medical treatment or caused you to miss work, you may have a claim.
What are some common Atlanta workplace injuries?
Workplace accidents don’t always happen in the same way. Some are sudden, such as a fall from a ladder, while others develop gradually, like back pain resulting from years of lifting. Regardless of how they occur, these injuries can leave workers struggling with medical expenses, lost wages, and uncertainty about their future. In Atlanta, some of the most common job-related injuries include:
- Slip, trip, and fall injuries on job sites and in warehouses
- Back, neck, and shoulder injuries from lifting or overexertion
- Construction, trucking, and industrial accidents
- Repetitive use injuries from assembly, driving, typing, or tools
- Burns, electrocution, or chemical exposure
- Occupational illnesses from long-term exposure (dust, fumes, noise)
What types of benefits are available?
Georgia workers’ compensation can provide:
- Medical treatment related to your injury, including specialists, surgery, PT, medications, and mileage to appointments
- Wage replacement (a portion of your average weekly wage) when a doctor keeps you out of work or restricts you
- Temporary disability benefits while you recover; permanent partial disability benefits if you have a lasting impairment
- Vocational help or light-duty coordination when appropriate
- Death benefits for eligible dependents in fatal cases
How and when do I report a work injury?
Report the injury to your employer as soon as possible. Delays can jeopardize your claim. After reporting, your employer/insurer opens a claim, and you’ll complete state forms to start benefits. Early notice also helps preserve video, witness statements, and incident reports.
Can I choose my own doctor?
In Georgia, employers typically offer a panel of physicians or an approved care arrangement. You can choose a doctor from that panel; switching within the panel is usually allowed. If your claim is denied, you can seek your own evaluation to support an appeal. A lawyer can help you select a provider who understands work-injury documentation and restrictions.
What if my claim is denied?
Denials are common, often for “insufficient evidence,” “pre-existing condition,” or “not work-related.” You can appeal to be heard by an administrative law judge. A workers’ compensation attorney will:
- Gather medical records, imaging, and expert opinions
- Prepare you for testimony and cross-examination
- Challenge insurer's Independent Medical Examination (IME) findings
- Pursue benefits and penalties where appropriate
What’s the difference between temporary and permanent disability?
Not all workplace injuries heal the same way. Some employees can return to work after a period of recovery, while others face lasting limitations. Georgia’s workers’ compensation system recognizes this by dividing disability benefits into temporary and permanent categories:
- Temporary Total/Partial Disability (TTD/TPD): Wage benefits while you’re off work or on reduced hours due to restrictions.
- Permanent Partial Disability (PPD): A one-time or scheduled benefit when a doctor assigns a permanent impairment rating after you reach maximum medical improvement.
Can I be fired for filing a claim?
Retaliation is unlawful. If your employer cuts hours, reassigns, or terminates you because you exercised your workers’ compensation rights, talk to an attorney immediately. We can assess additional remedies in conjunction with your compensation case.
What if my employer doesn’t have workers’ compensation insurance?
Most Georgia employers with a minimum number of employees are required to carry coverage. If your employer is uninsured, there may still be recovery paths, including claims against the employer directly or other responsible parties. Get legal help fast; these cases move differently.
Can I sue my employer?
Workers’ compensation is generally the exclusive remedy against your employer for work injuries. However, you may have a third-party claim against others who contributed to your injury, e.g., a negligent subcontractor, property owner, or equipment manufacturer. These claims can include pain and suffering and may significantly increase your overall recovery.
How do IMEs and “second opinions” work?
Insurers often send injured workers to Independent Medical Exams (IMEs). An IME can impact your benefits, work status, and impairment rating. We prepare clients for IMEs, challenge inadequate reports, and line up treating-physician opinions or independent specialists when needed.
What do I need to know about light duty and returning to work?
If your doctor releases you to light duty, your employer must offer suitable work within your restrictions. If the position is unsuitable or increases your risk, your lawyer can address it with the insurer and the judge. Never exceed medical restrictions to “keep your job”; that can prolong injuries and harm your case.
What if my injury wasn’t from a single accident but from repeated work duties?
Not every valid claim involves a single accident. If your job duties gradually caused injury (e.g., chronic back pain) or exposure (e.g., lung issues), you can still qualify. The key is medical evidence linking your condition to your work. Consistent treatment notes and job-duty descriptions matter.
How long until I receive benefits?
Timelines vary. Prompt reporting, documented restrictions, and responsive medical providers help expedite the process. If benefits are wrongfully delayed or underpaid, we advocate for compliance and seek penalties when permitted by law.
What steps can I take to strengthen and maximize my claim?
Strengthening your workers’ compensation claim often comes down to the details. Insurance companies look for gaps, inconsistencies, or mistakes they can use to reduce or deny benefits. By being proactive and organized, you can give your claim the strongest foundation possible.
- Report promptly and follow all medical advice.
- Choose a panel doctor who understands work injuries.
- Keep a diary of symptoms, restrictions, missed work, and out-of-pocket costs.
- Save pay stubs, mileage logs, prescriptions, and denial letters.
- Don’t post injury details on social media.
- Seek legal assistance before providing recorded statements or participating in IMEs.
Do I need a workers’ compensation attorney in Atlanta?
You’re not required to have a lawyer, but it can make a major difference. An experienced workers’ compensation lawyer can help you:
- Prove the injury is work-related and medically supported
- Calculate average weekly wage correctly (including overtime/bonuses when applicable)
- Protect wage checks during light-duty disputes
- Navigate hearings, mediations, and settlement strategy
- Identify any third-party claims to increase total recovery
Morgan & Morgan works on a contingency fee basis. The Fee Is Free™, you pay nothing unless we win.
What evidence should I collect after a work injury?
Building a strong workers’ compensation case requires more than just reporting the accident. The right documentation helps prove how the injury happened, the impact on your job, and what benefits you’re entitled to. Some of the most important evidence includes:
- Incident report and witness names
- Photos/video of the hazard or equipment
- Job-duty descriptions and training records
- Medical records, work notes, and restrictions
- Company communications about modified duty or scheduling
- Any IME notices or insurer correspondence
How are trucking, construction, and other hazardous work cases handled?
High-risk industries, such as construction, trucking, and industrial work, often involve multiple parties who may share responsibility for an injury. In these situations, your workers’ compensation claim may only cover part of your losses. Our attorneys frequently coordinate workers' compensation benefits with third-party lawsuits against subcontractors, equipment manufacturers, or maintenance providers when their negligence has contributed to the accident. These claims can arise from crane failures, forklift accidents, trench collapses, roadway incidents, refinery explosions, or unsafe warehouse practices. By pursuing every available avenue, we work to maximize recovery for injured workers in hazardous fields.
What are the deadlines for Atlanta workers’ compensation cases?
Workers’ compensation has several deadlines: providing prompt notice to your employer, filing with the state board on time, and adhering to strict appeal windows. Missing a required step can harm your case. If you’re unsure about your status, please contact us immediately. We’ll review your timeline and file the necessary documents to protect your rights.
Why should I choose Morgan & Morgan for my workers’ compensation case?
When you’re hurt at work, you deserve more than a quick settlement; you deserve a firm with the experience and resources to stand up to insurers and employers. At Morgan & Morgan, our dedicated workers’ compensation team includes attorneys, case managers, and experts who focus exclusively on work injury claims. We know how to gather the medical proof needed, challenge insurer tactics, and fight for every benefit you’re owed.
If you were injured on the job in Atlanta, don’t go through the process alone. Contact Morgan & Morgan today for a free, no-obligation case evaluation, and let us fight for the medical care, wage support, and peace of mind you deserve.























