Atlanta Personal Injury Lawyer Blog

Can a person injured in an accident in Georgia have both a worker's compensation claim and a personal injury claim? Yes. Georgia personal injury lawyers and Georgia worker's compensation lawyers should always evaluate the accident to see if both personal injury and worker's compensation claims exist. Atlanta worker's compensation attorney, Richard Griffin, stated, "if a worker is injured on the job and the accident was caused by the negligence of a third party, then you can have both a worker's compensation claim and a personal injury claim. The easiest example would be a truck driver that is involved in a truck accident due to the negligence of another driver who is not a co-worker. If the truck driver is an employee and is on the job when the motor vehicle accident occurs, then he or she has a worker's compensation claim against his or her employer and their worker's compensation insurance company. The truck driver would then also have a personal injury claim against the negligent driver for his or her medical expenses, lost wages, pain and suffering, and punitive damages (examples DUI, hit and run, etc.). Under Georgia Worker's Compensation laws, the injured worker or worker's compensation claimant could seek treatment with worker's compensation doctors and have his or her worker's compensation related treatment paid for as the treatment is provided. Lost wages under worker's compensation are paid as you go in the form of temporary total income benefits and temporary partial disability benefits.

Georgia law provides for worker's compensation to be the "exclusive remedy" employees have against their employers. However, this "exclusive remedy" does not apply to people who are not co-workers or the injured victim's employer.

Attorney Richard Griffin of Firm, The Griffin Law, P.C. stated that it is very important that you seek the advice (free consultation) of an Atlanta worker's compensation lawyer and an Atlanta personal injury lawyers as soon as possible after you are injured. In this way you can learn about your rights and can understand what actions need to be taken to protect and process your Atlanta personal injury claims and Atlanta Worker's Compensation Claims.

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If you have a worker's compensation claim, then selecting the right Atlanta worker's compensation attorney is probably the most important decision you will make. A great Georgia worker's compensation lawyer will help in the following ways:

(1) Take the pressure off of the injured worker and answer all of their legal questions;
(2) Make sure the injured worker’s medical treatment is authorized;
(3) Make sure the injured worker’s medical treatment is paid for by the adjuster;
(4) Make sure the injured worker receives all of the income benefits (lost wages) they are entitled to receive;
(5) Make sure the injured worker is paid for the permanent impairment benefits (permanent loss of use) that they are entitled to receive; and
(6) Negotiate a lump sum worker’s compensation settlement that fully compensates the injured worker for his or her worker’s compensation claim.

The worker’s compensation laws and workers' compensation rules are complicated. Worker’s without representation are at the mercy of the adjuster without knowing what their rights are. Great worker’s compensation attorneys do not the adjuster off the hook. Rather great worker’s compensation lawyers will file motions and request hearings aggressively to make sure that the injured worker’s rights are protected and benefits are paid. This is what is also required in creating the pressure needed on the worker’s compensation insurer so that they will agree to pay lump sum settlements that are fair and reasonable. Injured workers who are not represented are completely in the dark in any settlement negotiations with the adjuster since they do not understand what the true value is for their worker’s compensation claim. Great lump sum settlements do not happen by accident and do not usually fall into the lap of an injured worker who does not have the protection of a great worker’s compensation attorney.

It is clear that all workers who are seriously injured and who are disabled from work need a great worker’s compensation lawyer. However, it is important to realize that not all worker's compensation lawyers have the same level of experience, work ethic, commitment, and resources to obtain the great settlement that you deserve.

So how can you make sure you are hiring the best possible worker compensation attorney for your case? Atlanta worker's compensation lawyer, Richard Griffin, says that firm reviews or client testimonials from former clients can be extremely helpful when you are deciding which worker's compensation attorney to hire. Client reviews and testimonials can often be found on the website of law firm or at the firm’s listings on Yahoo, Google, and other directories. Atlanta worker's compensation attorney Richard Griffin "believes that the outstanding growth and success of his law firm (The Griffin Law Firm, P.C.) has been due to his commitment to providing great customer service". It is easy to see from the client testimonials on our website and the reviews of our firm on Yahoo and Google that our past clients are very satisfied with our worker’s compensation representation. It has always been our mission to provide our clients with great representation and to always keep our clients fully informed. Great results (great settlements) are perhaps the most important factor in creating outstanding client satisfaction. Happy clients will send everyone they know to their attorney because they only want the best for their family and friends who have worker's compensation claims. However, it is even more likely that unhappy clients will tell even more people about a law firm or lawyer that they did not feel adequately represented their claims.

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Social Security Attorney Richard Griffin has successful handled a large number of Social Security Disability Claims. From this experience at The Griffin Law Firm, P.C., Attorney Richard Griffin has noticed that there are 7 common reasons why Social Security Disability Claims are often denied at the first stage of the application process. These 7 common reasons why Social Security Claims are denied can be found below:

1. CLAIMANT IS STILL WORKING: If you are still working even part-time at the time when you are applying for social security disability, then the Social Security Administration will usually conclude that you are not disabled from work.

2. CLAIMANT DOES NOT HAVE A SEVERE IMPAIRMENT: Often Claimants feel that they simply cannot work any more. However, unless your opinion is supported by a documented, diagnosed, and treated medical conditions, then it is unlikely that social security disability benefits will be awarded. Further, your disabling medical condition must be causing you a "severe impairment". Severe impairments usually are medical conditions that have a negative impact on your ability to work and your ability to conduct your daily activities.

3. CLAIMANT HAS NOT WORKED ENOUGH: If the claimant has not worked enough or has not paid into social security through payroll taxes, then you may not have sufficient quarters to qualify for Social Security Disability.

4. CLAIMANT IS TOO YOUNG: The Social Security Administration considers everyone under the age of fifty to be in the “young category”. In the young category you must not only show a severe impairment, but you must also prove you cannot do any kind of light duty work. Older claimants for Social Security Disability Benefits have a lower burden of proof of merely showing a severe impairment that prevents you from doing the work you normally did.

5. CLAIMANT IS RECEIVING UNEMPLOYMENT BENEFITS: If the claimant is receiving unemployment compensation benefits, then you are very unlikely to also be granted Social Security Disability Benefits. This is because Unemployment Benefits are granted when you are "ready, willing, and able to work" and when you are actively looking for work. This is inconsistent with someone who is disabled from work which is required for Social Security Disability Benefits.

6. CLAIMANT'S DISABILITY WILL NOT LAST 12 MONTHS OR MORE: If you are disabled from work, but your disabling condition will not keep you out of work for at least 12 months, then you will not qualify for Social Security Disability Benefits.

7. CLAIMANT'S IMPAIRMENT IS NOT DOCUMENTED BY MEDICAL RECORDS: If you are disabled from work but your impairment is not documented with medical records, then your Social Security Disability will usually be denied. Usually there must be medical proof (doctor's opinion) that you are disabled. The Social Security Administration may even send you to one of their doctors for an examination, but without past medical treatment establishing your medical condition and impairment you are unlikely to win your claim.

The process of applying for Social Security Disability can be long and confusing. Proving your impairment or disability is often difficult unless you are represented by an experienced Social Security Disability attorneys. Social Security Disability lawyers can make sure your denial is appealed timely and can present your case to the Social Security judge in the best possible light. For this reason it is strongly recommended that you contact an experienced Social Security Lawyer for a free consultation.

Continue reading " Most Common Reasons Social Security Disability Claims Are Denied " »

If you have a personal injury case or wrongful death case, then selecting the right Atlanta Personal Injury Attorney is probably the most important decision you will make. Good personal injury lawyers take the pressure off of the injured victim and make sure that a fair and reasonable personal injury settlement is reached. However, not all personal injury lawyers or wrongful death lawyers have the same level of experience, resources, work ethic, and commitment to obtain the great results that you deserve.

So how can you make sure you are hiring the best possible injury lawyer for your case?
Atlanta Personal Injury Lawyer, Richard Griffin, says that prior client reviews or client testimonials can be extremely helpful when you are deciding which personal injury attorney or wrongful death attorney to hire. Many client reviews or client testimonials can be found on the law firm’s website or at the firm’s listings on Google, Yahoo, and other directories. Atlanta personal injury attorney Richard Griffin "believes that the tremendous growth and success of his firm (The Griffin Law Firm, P.C.) has been his commitment to offering the best customer service possible". For examples of client testimonials that may help prove the law firm is qualified to provide you with great representation you can read real client testimonials at the following link [CLIENT TESTIMONIALS]. Clients should feel like the law firm cares about them and that they are being kept informed about their case. Another important factor in client satisfaction is was the recovery fair and reasonable. Happy clients will eagerly send everyone they know to you if you treat them right because they want the best for their friends and family that have personal injury or wrongful death claims. The opposite is also true. Unhappy clients will tell even more people about a firm that did not provide the representation that they needed and deserved.

Continue reading " Client Reviews Are Helpful In Finding Great Personal Injury Attorneys " »