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  • Home
  • About
    • Ben Sessions
    • Andrew Fleischman
  • Macon
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    • Car Accidents
    • Premises Liability
    • DUI
    • Workers’ Compensation
  • Atlanta
    • Personal Injury
    • Car Accident
    • DUI
  • Milledgeville
    • Workers' Compensation
    • Truck Accident
    • Motorcycle Accident
    • Car Accident
    • Personal Injury
    • DUI
  • LaGrange
    • Personal Injury
    • Car Accidents
  • Practice Areas
    • Car Accidents
      • Most Common Car Accident Causes
      • Injured by a driver following too closely?
      • Car Accident Blog
    • Personal Injury Lawyers
      • Back Injury Lawyer
      • Spinal Cord Injury Lawyer
      • Nerve Damage Lawyer
      • Broken Bone Lawyer
      • Brain Injury Lawyer
      • Scarring Injury Lawyer
      • Motorcycle Accidents
      • Truck Accidents
      • Slip-And-Fall & Premises Liability
      • Pedestrian Accidents
      • Bicycle Accidents
      • Elder Abuse
      • Product Defect Attorney
      • Negligent Security
      • Wrong Prescriptions
      • Wrongful Death
      • Personal Injury Blog
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      • Georgia DUI Process
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      • 2nd DUI Offense
      • Child Endangerment DUI
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        • Ignition Interlock Permit
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Milledgeville Workers Comp Attorney

Milledgeville Workers Comp Attorney

By Attorney Ben Sessions

Contributer

Ben Sessions has personally tried over 60 cases to a jury, and he has successfully litigated cases before both the Georgia Supreme Court and the Georgia Court of Appeals. We understand that aggressively preparing cases for a jury trial is frequently the best way to a resolve a case. When you meet with us, we’ll help you understand the process and we’ll also relieve a lot of the stress that you may have about the process involved with your case. If you want a lawyer that is willing to fight to the very end for your cause, Ben Sessions is the lawyer for you. Ben has built his reputation among former clients and other lawyers by being willing to stand up for people in the hardest times in their lives. If the obstacles in your case seem too large, if the other side appears too rich, if the other side appears to have too much power, Ben Sessions is the lawyer you need to call.

See Full Bio

By Attorney Ben Sessions

Contributer

Updated: May 23, 2022, 02:13 pm

Table of Contents

  • What Are My Rights Under Georgia Workers’ Compensation Laws?
  • Practice Areas Related to Workers' Compensation
  • Do You Need the Help of Milledgeville Workers’ Compensation Lawyers?

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If you have been hurt at work, the workplace injury lawyers at Sessions & Fleischman in Milledgeville can help. Workplace injuries can be complex, but we have a proven record of helping clients obtain the recovery that they deserve following an accident that occurs while they are on the job. Our Milledgeville workers’ compensation lawyers can help put your mind at ease during a free consultation. We help clients that have been hurt at work in Milledgeville and people that live in Milledgeville and were hurt at work in other places.

milledgeville-workers-compensation-lawyer-employment
Source: Georgia Dept,. of Labor – Milledgeville Employers

Milledgeville’s economy is mostly service-based, and many people mistakenly believe that service-based jobs do not pose substantial risks of on-the-job injuries. For example, employees that work in health-related and medical-care services face substantial risks of injury. They are often called up to lift and assist patients and, as a result, incur back-related injuries very frequently.

What Are My Rights Under Georgia Workers’ Compensation Laws?

Workers’ compensation is an accident insurance program paid for by your employer. Workers’ compensation benefits/payment may pay for medical care, rehabilitation services (e.g., physical therapy), and loss of income. Workers’ compensation benefits are intended to help you return to work and to compensate (offset losses) your dependents if you die as a result of a job-related injury.

Practice Areas Related to Workers’ Compensation

  • Personal injury caused by a 3rd party other than a person that is also an employee of the company that you work for, and
  • Product failures

Do You Need the Help of Milledgeville Workers’ Compensation Lawyers?

If you or a loved one needs a qualified workers’ compensation lawyer to help you with a workers’ compensation claim, contact The Session Law Firm today at (478) 654-8380. We offer clear and straightforward free case evaluation and legal advice. We will help you understand how medical expenses will be paid. We will help you understand the applicable state law and regulations governing your workers’ compensation case. We can help you understand whether disability benefits, including social security disability, may be available to you. We will help you understand what your legal rights are when you are communicating with workers’ compensation insurance companies regarding your workers’ compensation claim. If you have a loved one that was killed as a result of workplace incident (wrongful death), we will help you and your family understand the death benefits that are available.

We work to protect the rights of injured workers seeking the payments due to them under the GA Workers’ Compensation system. It is important that you understand your right to quality medical treatment after a workplace injury.



Frequently Asked Questions (FAQs)

Can I be denied workers’ compensation payments if I refuse a drug or alcohol test after an injury?

Yes, refusing to submit to a drug or alcohol test after an injury may result in the denial of workers' compensation benefits under Georgia law. If an employee unjustifiably refuses to submit to a drug test following an on-the-job injury, there shall be a presumption that the accident and injury were caused by alcohol or drugs. If the presumption is not overcome by other evidence, any claim for workers’ compensation benefits would be denied. Below is the law that governs the availability of workers' comp benefits after refusal of a drug- and/or alcohol-test after an injury:
(a) No compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his or her attempt to injure another, or for the willful failure or refusal to use a safety appliance or perform a duty required by statute.
(b) No compensation shall be allowed for an injury or death due to intoxication by alcohol or being under the influence of marijuana or a controlled substance, except as may have been lawfully prescribed by a physician for such employee and taken in accordance with such prescription:
(1) If the amount of alcohol in the employee's blood within three hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, is 0.08 grams or greater, there shall be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol;
(2) If any amount of marijuana or a controlled substance as defined in paragraph (4) of Code Section 16-13-21, Code Sections 16-13-25 through 16-13-29, Schedule I-V, or 21 C.F.R. Part 1308 is in the employee's blood within eight hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, there shall be a rebuttable presumption that the accident and injury or death were caused by the ingestion of marijuana or the controlled substance; or
(3) If the employee unjustifiably refuses to submit to a reliable, scientific test to be performed in the manner set forth in Code Section 34-9-415 to determine the presence of alcohol, marijuana, or a controlled substance in an employee's blood, urine, breath, or other bodily substance, then there shall be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol or the ingestion of marijuana or a controlled substance.
(c) With the exception of the rebuttable presumptions set forth above, the burden of proof shall be generally upon the party who claims an exemption or forfeiture under this Code section. O.C.G.A. § 34-9-17.
Is there no limit to whether the presence of drugs and/or alcohol is related to the cause of the injury? This is a great question that your workers' compensation lawyer should be prepared to raise and litigate in the right case.

What are indemnity benefits under Georgia workers’ compensation law?

During your workers' compensation case, you may hear the phrase indemnity benefits used. The phrase indemnity benefits refers to lost wages or income that you are entitled to as a result of a covered workers' compensation injury. If your injury is categorized as a catastrophic injury, you are entitled to indemnity benefits with no time limit.

What is a catastrophic injury under Georgia workers’ compensation law?

Under Georgia workers' compensation law, injuries are classified as catastrophic or non-catastrophic. The classification of an injury as catastrophic can make a significant difference in the benefits that you or a loved one are entitled to received. A catastrophic injury is defined under the Georgia workers' compensation law as:
  1.  A spinal cord injury involving severe paralysis of an arm, a leg, or the trunk of the worker's body;
  2.  Amputation of an arm, hand, foot, or leg resulting in loss of use of that appendage;
  3.  Severe brain or closed head injury resulting in (a) severe sensory or motor disturbances; (b) severe communication disturbances; (c) severe complex integrated disturbances of cerebral function; (d) severe disturbances of consciousness; (e) severe episodic neurological disorders; or (f) other conditions at least as severe in nature as any condition provided in subparagraphs (a) through (e) of this paragraph;
  4.  Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands;
  5.  Total or industrial blindness; or
  6. Any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy for which such employee is otherwise qualified.
O.C.G.A. § 34-9-200.1.
 

Is an independent contractor covered under Georgia’s workers’ compensation plan?

An independent contractor is not covered under Georgia's workers' compensation plan. Workers' compensation insurance carriers will attempt to avoid coverage for your injuries and wages based upon their belief that you are an independent contractor. The determination as to whether you were an independent contractor or an employee is complex and involves many different facts. An experienced workers' compensation may be able to establish that you are covered under worker's compensation when it is questionable.

What is the authorized treating physician in your workers’ compensation case?

The authorized treating physician that you choose for your case can have a huge impact on your life and wellbeing after an on-the-job injury. Consult with an experienced workers' compensation attorney before you select an authorized treating physician.

What is proper notice of an injury in a Georgia workers’ compensation case?

If you have been hurt on the job, be sure to give proper and timely notice of your injury in writing to your employer. Don't let your employer or the workers' compensation insurance carrier avoid responsibility for your medical expenses and lost wages because they did not receive proper notice. Notice to the employer of the injury must be given within 30 day of the date of the incident.

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By Attorney Ben Sessions

Contributer


Ben Sessions has personally tried over 60 cases to a jury, and he has successfully litigated cases before both the Georgia Supreme Court and the Georgia Court of Appeals. We understand that aggressively preparing cases for a jury trial is frequently the best way to a resolve a case. When you meet with us, we’ll help you understand the process and we’ll also relieve a lot of the stress that you may have about the process involved with your case. If you want a lawyer that is willing to fight to the very end for your cause, Ben Sessions is the lawyer for you. Ben has built his reputation among former clients and other lawyers by being willing to stand up for people in the hardest times in their lives. If the obstacles in your case seem too large, if the other side appears too rich, if the other side appears to have too much power, Ben Sessions is the lawyer you need to call.

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