3151 Maple Drive, NE Suite 225
Atlanta, GA 30305
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Fax: (404) 365-5041
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You are entitled to a safe work environment, but accidents can happen even if your employer has followed all of the mandatory safety regulations. Workers' compensation laws provide employees who are injured or disabled on the job with certain limited benefits. However, many employers and their insurers work hard to get around these laws and frequently fail or refuse to pay benefits on legitimate claims. For more than 18 years, attorney Jeffrey Gilbert has been fighting on the side of people with serious workplace injuries. During this time, he has joined forces with those who have experienced catastrophic injuries that resulted in long-term or permanent disability, as well as families whose lives have been devastated by the wrongful death of a loved one. If you have been injured at work, you have the right to seek workers' compensation benefits. Mr. Gilbert will fight aggressively to help you obtain the maximum compensation to which you are entitled.
- Traditional and Catastrophic Workers' Compensation
- Railroad Workers: Protection under the Federal Employers' Liability Act
Traditional and Catastrophic Workers' Compensation
According to workers' compensation laws, victims of workplace accidents may be entitled to financial compensation for losses and expenses related to any injuries that result. In many cases, these benefits are capped and will be paid only for a specific length of time.
In Georgia, however, state workers' compensation laws give special consideration to injuries deemed "Catastrophic." Catastrophic workers' compensation claims are unique and require a tremendous amount of work on the part of attorneys to ensure that victims receive the full award to which they are entitled. Unfortunately, many high-volume firms do not have the resources to allocate the time and energy needed to represent these cases successfully. As a result, many victims of catastrophic workplace injuries receive only a portion of the benefits for which they are eligible. For this reason, many attorneys prefer to refer these cases to Jeff because it is in their clients' interests to do so, and they will not draw resources away from other claims. A substantial number of Jeff's cases originate from other lawyers, and he is truly a lawyer's lawyer in this respect.
Individuals suffering from severe workplace injuries such as amputations and serious brain and spinal cord trauma that lead to paralysis or other motor or sensory impairments are typically eligible for lifetime benefits as these injuries are considered catastrophic in nature. A common misperception is that these victims do not need counsel. On the contrary, victims of these types of injuries need an attorney who has extensive knowledge of Georgia's catastrophic workers' compensation laws and who has the skill and experience to help workers maximize the return on their claims. Many other serious injury victims such as those with post-surgical backs and necks are subject to arbitrary caps and limitations unless designated as "Catastrophic" by the State Board of Workers' Compensation. Without such designation, the compensation victims may obtain is often far less – sometimes tens, if not hundreds of thousands of dollars less – than what the severity of their injuries merits. What distinguishes good from average representation is the ability and determination to push for and obtain those benefits that might otherwise be denied to victims. For more than 18 years, attorney Jeffrey S. Gilbert has displayed just such determination, fighting on behalf of people who have suffered catastrophic workplace injuries, and helping numerous individuals obtain the full compensation they deserve.
Filing for Workers' Compensation
If you have suffered a work-related injury, it is important to make sure the following steps are completed in a timely fashion. Mr. Gilbert can help you through this process and ensure that your rights are protected and that all deadlines are met.
- Notify your employer of your injury. Georgia workers' compensation law generally requires victims to report their injuries within 30 days of the incidents that caused them.
- In most cases, you must file a claim with the State Board of Workers' Compensation within one year of the date of your injury.
- For most claims, if your employer is in compliance with the state's Workers' Compensation Act, then unless your lawyer negotiates otherwise, you must go the physicians listed on the employer's panel. Going outside the panel can result in your doctor not being paid.
- However, if there is no panel posted at the time of your injury, then you may go to a doctor of your choice. Workers should be aware of the "suddenly appearing" panel.
Railroad Workers: Protection under the Federal Employers' Liability Act
To this day, railroads continue to be busy arteries for transporting goods and people across the country. The labor that railroad workers engage in on a daily basis is intensive and dangerous, and serious accidents frequently occur. However, Georgia catastrophic workers' compensation laws do not provide benefits to injured railroad workers. Instead, injured workers must seek compensation under the Federal Employers' Liability Act (FELA). Congress enacted this piece of legislation in 1908 in response to the significant number of federal employees working in the expanding rail industry who were injured on the job. Today, attorney Jeffrey Gilbert provides experienced representation to injured railroad workers with FELA lawsuits. His experience and skill have helped numerous victims obtain the compensation to which they are entitled under the law.
FELA Lawsuits
The Federal Employers' Liability Act gives injured railroad workers and their families the right to seek compensatory damages directly from victims' employers. These damages may include lost wages, medical expenses, and pain and suffering. Claimants must demonstrate, however, that their employers are responsible in some way for the injuries they suffered while on the job.
FELA lawsuits are complex, and victims need experienced representation to make sure they receive the maximum compensation to which they are entitled. Determination of compensation is based on the concept of comparative negligence, meaning that the amount of compensation is directly calculated in relation to the injured worker's responsibility in the accident. A claimant found to be 25 percent responsible for the accident causing his or her injury will be eligible to recover 75 percent of the total damages. If it is determined that a claimant is 100 percent at-fault, then no compensation is awarded.
Contact Personal Injury Attorney Jeffrey S. Gilbert
Victims of catastrophic workplace injuries require representation by an experienced attorney who will protect their rights and aggressively pursue the compensation they deserve. Attorney Jeffrey S. Gilbert has built his career on a foundation of integrity, perseverance, and an undying commitment to helping injured individuals. If you have suffered a workplace injury, contact the Law Offices of Jeffrey S. Gilbert to schedule a free case evaluation. By enlisting Mr. Gilbert on your team, you will give yourself the edge you need to obtain the compensation you deserve.