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But It Was My Fault! 3 Myths About Filing A Workers Comp Claim

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When you’ve been hurt on the job, the last thing you want to have to worry about is navigating your workers compensation claims. That’s where workers compensation attorneys come in.

A workers comp lawyer can help you understand the confusing and complex process of filing your claim and what you can do should your claim be denied.

But there are a few things you need to be aware of when it comes to filing your workers compensation claim whether or not you’ve already contacted a lawyer.

3 Myths About Workers Comp Claims You Need To Know

Workers compensation is a system designed to provide wage replacements and medical benefits to employees who have been hurt on the job. But there are a few things many employees believe are true about workers compensation that are actually myths.

That said, here are the top three myths about workers compensation claims you need to be aware of:

 

    1. Your employer will file the necessary forms to protect your claim. Your employer is only required to file a Form 19 report of injury to the Industrial Commission within five days of being notified of your injury. This form doesn’t protect your workers compensation claim. You’re required to file your own notice to your employer, also known as a Form 18. All other forms that are necessary to be filed are up to you.
    2. A workers compensation claim means I have to sue my employer. When you file a workers compensation claim, you’re filing a claim against your employer’s insurance and not the employer themselves. If your claim goes to a hearing, you’re arguing that your injuries are legitimate and were caused on the job. You’re not suing your employer.
    3. You can’t file a workers compensation claim if the injury was your fault. Workers compensation is a no-fault system. That means you’re able to file a workers comp claim whether the injury/illness was your fault or not.

 

 

Where can I seek help about my workers compensation claims?

According to the U.S. Bureau of Labor Statistics, the storage and warehousing industry experiences up to 15,000 injuries and illnesses every year. And that’s only the storage and warehousing industry.

Whether you’re looking for legal advice for your workers compensation claims, legal help for your personal injury case, or you want justice for a wrongful death, the McMahan Firm can help. To learn more about our legal services and how we can help you, contact the law offices of the McMahan Firm to schedule a free consultation today.

Can I Receive Compensation For Pain And Suffering After A Car Accident?

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Car accidents are one of the most common sources of injury during the summer months. This is especially true during the 100 days between Memorial Day and Labor Day, which have been dubbed by AAA as the 100 Deadliest Days.

After an accident, you may recover expenses from the other driver for things like medical bills for your injuries. But what about recovering out-of-pocket expenses for pain and suffering?

What Is Pain And Suffering After A Car Accident?

Pain and suffering, in the legal sense, refers to the emotional and physical stress you’ve suffered due to an accident. For instance, you may be able to receive compensation for pain and suffering if you’ve been severely burned in a car accident.

In this case, you might receive compensation for the pain of your burns. You might also receive compensation for the treatment of your burns and for the limitations your burns have imposed on your job or lifestyle.

Can I Receive Compensation For Pain And Suffering In A No-Fault Claim?

Although you may have experienced pain and suffering from your car accident, you might not be able to receive compensation if you’re at partial fault for the accident.

Most states, including Georgia, follow a fault-based liability system. This means the driver who is responsible for the car accident is also responsible for paying for the damages that resulted from the accident. These damages include your pain and suffering.

If you’re at partial fault for the car accident, you’re responsible for paying for the damages (or a certain amount of them). This includes paying for your damages related to your pain and suffering.

Is It Worth Filing A Claim For?

It’s a good idea to ask yourself whether the pain and suffering you’ve undergone is worth filing a car accident claim over. An experienced car accident attorney may be able to help you make an informed decision.

Approximately 4% to 5% of personal injury cases go to trial in the U.S. while the rest are settled out of court. If you believe you’ve been the victim of personal injury due to reckless driving, it may be in your best interest to contact a personal injury lawyer. To learn more about personal injury law or if you need a workers compensation attorney regarding your workers compensation claim, contact us today.