The Georgia workers' compensation system is complex and often confusing and frustrating to injured workers. Issues arise in workers' compensation claims, such as disputes concerning medical care or disability benefits, which require knowledge of the laws of Georgia. Although you are not required to hire an attorney to represent you in workers' compensation claims, very often it is in your best interest to do so.
Insurance companies pay millions of dollars to attorneys to represent them and ensure they are protected and receiving the full benefit of the laws. It is therefore important that injured employees have someone whom they can trust to advise and represent them in their claims.
Questions
Q1. How much do lawyers charge for workers' compensation claims?
Georgia Law regulates attorneys' fees in workers' compensation claims. An attorney may not charge more than $100.00 in a workers' comp claim without obtaining approval of the fee from the State Board of Workers' Compensation. Attorneys who represent employees in workers' comp claims work on a “contingent fee basis” which means they will only receive a fee if they recover benefits for the injured worker. The amount of the fee is limited by law to 25% of weekly benefits or settlements recovered by the attorney. No fee can be charged for recovery of medical care or reimbursement of medical expenses.
Q2. The adjuster told me that I do not need an attorney and that she could answer my questions. Should I listen to the adjuster?
Adjusters cannot give legal advice. Also, remember that adjusters are mainly concerned about protecting their insurance company, and not the injured worker. It costs you nothing to contact an attorney to determine whether using an attorney is appropriate.
Q3. What kind of attorney should I talk to about my workers' compensation claim?
Just like doctors, attorneys are specialized. Questions concerning workers' compensation matters should be addressed to attorneys who are experienced in workers' compensation law and whose practices are limited primarily to the representation of injured employees.
Q4. How do I choose a qualified attorney who is right for me?
No matter what led you to speak with a particular attorney, finding one who is right for you depends not only on the attorney's experience, but whether you feel comfortable working with that attorney. The attorney/ client relationship in workers' compensation claims may last only a few months, or may last for years. Do not be shy about asking questions. What sort of experience does the attorney have? Does he or she answer your questions about your claim satisfactorily? Is the attorney someone you feel you can trust? You may not always be pleased with the answers you receive, but you should feel confident that the attorney is honest with you and will look out for your best interests.
