Answers To Your The Most Commonly Asked Questions
Over the years, Tillman & Associates, Attorneys At Law, has worked with clients throughout Georgia. Our founding attorney, Burt L. Tillman is a former defense attorney. With over 30 years of experience just on his own, he knows how the legal system works. Throughout the process, our team is here to guide you in the right direction. After reading through the frequently asked questions below, call our office to schedule your free consultation.
What should I do if I’ve been injured at work?
You are required by law to notify your employer within 30 days of the injury. It is wise to speak with an attorney as soon as possible so he or she can communicate with your employer and its insurer on your behalf. You do not need to give any statement to the insurance company without talking to a lawyer.
How do I apply for workers’ compensation benefits?
While it is legal and possible to file the initial claim for benefits yourself, we highly recommend you speak with an attorney before you do so. Often, the best course of action is to have your lawyer take care of the initial filing so you can start your case off on the right foot. We can walk you through the application process and let you know what to expect at every step.
Who will pay my medical bills after a workplace injury?
Your employer’s workers’ compensation insurer should pay all of your medical expenses associated with an on-the-job injury. Sometimes, unfortunately, the insurer may look for reasons not to pay fully or promptly. We can communicate with the other parties on your behalf to ensure you are treated fairly.
How much will I be paid for lost wages?
Income benefits vary based on several factors, including your average weekly wage, the severity of your injury, and your ability or inability to work. We are dedicated to helping you pursue full and fair income benefits under the law.
Do I have to accept a light-duty job?
Generally, yes. If a doctor restricts you to light duty and such work is available at your place of employment, you will likely have to accept light duty. If you are given a lesser-paying position or your hours are cut, you may be eligible for temporary partial disability benefits to compensate you for the lost income.
Do I need a workers’ compensation attorney?
Some people may feel that they do not need to call a lawyer because it seems that they are treated fairly and given the benefits they deserve right away. However, many cases that start out seemingly fine can go south very quickly. At Tillman & Associates, we prefer to be in it with our clients from the beginning so that we can steer the case through the complex medical and legal quagmire that is the Workers’ Compensation Act and keep the case, as they say, “between the ditches.” If you have any concerns about your case or hit any roadblocks, legal representation is essential. It is always wise to discuss your case with an attorney to ensure you are getting what you deserve.
Can I file both a workers’ compensation claim and a personal injury claim?
It depends on your circumstances. If your injuries were caused by someone other than a co-worker, it is possible to bring up a personal injury case at the same time as your workers’ compensation case. Say, for example, you are a truck driver. While you were on company time, driving on the highway, a car hit you. This means that you could file a workers’ compensation claim with your employer and sue the negligent driver.
If I don’t win my injury case, will I owe any money?
We take all of our cases on a “contingency” basis. If we fail to collect a recovery for you, there is no attorney’s fee owed or incurred. You might be responsible for reimbursement of any out-of-pocket expenses or costs only.
How does Tillman & Associates make money off a case?
Under a contingency plan, our fees are calculated as a percentage of the total amount of money we recover for you. In workers’ compensation cases, this is determined by state law and is 25% of the benefit we recover for you in the case. All lawyers in Georgia who practice in the area of workers’ compensation must adhere to the same fee rate. In the area of Social Security Disability, the attorney’s fee is also determined by law. If a Social Security case is successful and the client obtains benefits, the first check, called “back due benefits” goes back to the date of disability in most cases. The fee is 25% of all “back due” benefits, not to exceed $6,000. In the area of personal injury, the contingency fee percentage can vary depending on whether the case has to go into litigation or can be settled prior to litigation.
What is mediation?
In mediation, both parties sit down with their respective attorneys and a third-party mediator. The mediator, usually a retired judge or lawyer with knowledge of the particular practice area, guides the parties toward a resolution that is acceptable, if not optimal, for both sides. Mediation must be voluntary on the part of all parties, and it can help resolve disputes without the stress and expense of trial. If a settlement can be reached, the case is concluded and does not advance to trial. Many cases are resolved in this manner.
How long will it take to resolve my case?
The duration of a case depends on many factors, including the type of law involved, the number of issues being disputed and the willingness of both parties to negotiate. Injury cases may take anywhere from a few months to several years. There is no guarantee of this, however, and it largely depends on the willingness of the parties to find a meaningful and realistic resolution of a case. Workers’ compensation cases vary widely depending on the seriousness of the injury at hand and the state of the ongoing medical treatment for the injury.
Call Today For More Answers
It is normal to have many questions about your rights and options if you have been injured on the job. During our free, confidential initial consultation, we will answer your questions and gather the information we need to assist you. Please call 877-849-5895 toll-free to discuss your case with one of our lawyers. From offices in Atlanta, we serve clients all over Georgia, traveling to represent them when necessary.