Workers’ compensation is a no-fault insurance program paid by Atlanta employers, providing compensation to workers who are injured on the job or suffer a job-related illness.
If you were drunk or using illegal drugs at work or your injuries are self-inflicted, your workers’ compensation case can definitely be affected, but it does not automatically disqualify your benefits.
Positive Drug Tests
After you suffer an occupational injury in Atlanta, your employer may require you to take a drug test to determine whether drugs or alcohol played a role in your accident. If you have a positive drug test, your employer can use that against you and argue that you were impaired and caused the accident. But even if a drug test is performed immediately after an accident, the results do not necessarily prove that drugs were in your system at the time of the accident (although a positive alcohol tests immediately after the accident will probably disqualify your claim).
For example, if you smoked marijuana the week prior to your accident, the substance is probably still in your system and you could have a positive drug test. Your employer will have to prove that the marijuana was the cause of the accident.
If you were denied workers’ compensation benefits in the Atlanta area because you were drunk or using drugs on the job, you may still qualify for benefits, depending on your situation. Please contact the Atlanta workers’ compensation attorney at Robbins & Associates, PC today to discuss your claim.
If you are involved in a car accident, one of the first major concerns is how you will pay for repairs to your car, as well as any necessary medical expenses. One way in which insurance companies determine reimbursement and other issues is by determining fault in the accident. If one person was entirely at fault for the accident, he will have to bear the brunt of the costs. However, if fault belongs to both parties, costs in the state of Georgia are determined based on comparative fault.
Proportional Comparative Fault
Fault for an automobile accident can fall upon one person who was particularly negligent. However, in many cases some fault can fall upon both parties. This is called proportional comparative fault, and in Georgia the threshold for proportional comparative fault is set at fifty-one percent. This means that if a party was at least fifty-one percent at fault for the accident, he or she is not entitled to damages.
Determining Fault
In some cases, it is clear who was to blame for an accident. In others, however, fault is less clear-cut, especially when dealing with proportional comparative fault. In these cases, if often falls to the courts to decide who is entitled to damages, and how much.
In cases where a court proceeding is necessary to determine fault, a competent, experienced car accident attorney can make all the difference. For the best representation, please contact a car accident attorney at the Atlanta offices of Robbins & Associates, P.C. We will do everything in our power to ensure you receive the compensation you deserve.
Car accidents are traumatic enough, but a car accident suffered while you are on the job can be even more stressful. It also presents additional legal challenges, making it even more important to consult with an experienced car accident lawyer.
Definition of an On the Job Car Accident
Numerous circumstances can lead to an on the job car accident, including:
Performing your job while using a company car
Running errands or performing job duties while driving your own car
Driving during a business trip
Driving to or from a business meeting or other work-related event
On the job accidents do not have to involve a company car. They do, however, have to occur while you are performing job-related duties. A car accident that occurs during your regular morning commute is not considered an on the job accident.
Sources of Restitution
If you suffer serious injury, or if your car is severely damaged in the course of an on the job car accident, workers’ compensation is the first source that can provide funds to help cover these costs. If you were performing your job when the accident occurred, workers’ compensation should provide a certain amount of coverage. However, in cases of severe injury or disability, workers’ compensation might not prove sufficient to defray your expenses.
When workers’ compensation does not provide sufficient assistance, a standard insurance claim against a third party who caused the accident could provide additional reparations. In cases like this, it is important to have an experienced car accident lawyer on your side.
For an experienced workers’ compensation and car accident lawyer, please contact the offices of Robbins & Associates, P.C., experienced workers’ compensation and car accident lawyers in Atlanta, Georgia. We will provide the best possible guidance regarding your on the job car accident claim.
As in the case of many auto accidents, determining who is at fault for a rear-end collision in Georgia is not always a simple proposition. However, Georgia law offers a number of guidelines that can be used to determine who carries blame for an individual collision.
Following Distance
In the majority of cases, the rearmost driver in a rear-end collision is found at fault. This is because in most cases, the accident occurs because the back driver is not maintaining an appropriate following distance.
According to Georgia law, all motorists must maintain a following distance sufficient to allow them time and room to stop safely if the car ahead of them slows down or brakes suddenly. If the accident occurs because of a lack of room to stop, the drive in the back will be found at fault.
Other Circumstances
Rear-end collisions can occur for other reasons, however, and in some of these cases the driver in front might be found at fault. Examples include:
A driver changes lanes suddenly in front of another driver and slows down abruptly. In this case, the front driver’s actions eliminated the safe following distance maintained by the back driver, making the front driver at fault.
A car is stopped and another car hits it from behind. The front car in this collision then strikes a car in front of it due to the impact. In this case, the car in the middle is not at fault for the frontmost collision because it was stationary before it was struck.
In cases where it is difficult to determine fault in a rear-end collision, it is important to seek the assistance of an experienced car accident lawyer in Georgia. The personal injury and car accident attorney at Robbins & Associates, P.C., in Atlanta, is well-versed in Georgia law, and can help sort out even the most complex cases. If you need help regarding a rear-end collision in the Atlanta, Georgia area, please contact Robbins & Associates, P.C.
Car accidents don’t always involve two moving cars. Sometimes collisions occur between cars and stationary objects, or even between a moving car and a car that has been parked. These types of accidents can result in major damage, but can also bring up complex issues of fault and how compensation is to be meted out.
Collisions with Parked Cars
It might seem that, in most cases, a collision accident with a parked car is the fault of the driver of the moving car. However, this might not be true if, for example, the parked car is sitting somewhere it should not be. A car parked in the middle of a throughway, or in a no parking zone, creates a hazard. If a collision occurs involving this car, the owner of the parked car could be found liable.
Collisions with Other Stationary Objects
The same criteria could be applied to collisions with other stationary objects, such as trees or mailboxes. In the majority of cases, these objects are where they are supposed to be, and fault will lie with the driver. However, if a tree falls on a car, for example, it could be the fault of the tree’s owner if the tree was not properly cared for or if the property owner knew it was in danger of falling in the case of a windstorm.
Many of these types of collisions are covered by collision insurance. In cases where fault is uncertain, or when you experience roadblocks in making a settlement with the driver’s insurance company, an experienced car accident lawyer in Atlanta can make all the difference in making your case. If you have been involved in a car accident in the Atlanta, Georgia area, please contact the offices of Robbins & Associates, P.C. and let us evaluate your case.
In ideal circumstances, a workers’ compensation claim will go smoothly, allowing you to receive compensation for injuries sustained in a work-related accident. However, circumstances are rarely ideal, and in many cases the workers’ compensation process becomes complex and even adversarial.
Proving Eligibility
The first step in a workers’ compensation claim is usually proving that your accident and injuries are eligible for coverage by workers’ comp. Simply suffering an injury while at your workplace or while performing job-related duties will not always make your claim an eligible workers’ comp claim. For example, if an employee is injured on the job, but the injury is due to his not following rules or behaving recklessly, he will not be eligible for workers’ comp. The injury also must have occurred during the course of your job, and, in most cases, be related to a specific work condition.
Help With Workers’ Compensation
Although all businesses over a certain size are required to have workers’ compensation insurance, actually collecting a claim can sometimes be difficult. An attorney from Robbins & Associates with extensive experience managing workers’ compensation in the Atlanta area can help you make your case if you are facing injury due to a job-related accident or illness. To find out how we can help you receive a settlement for your workers’ compensation case, please contact the Atlanta, Georgia office of Robbins & Associates, P.C.
In the state of Georgia, companies with three or more regular employees are required to maintain workers’ compensation insurance to defray employee expenses if employees are injured on the job or become ill due to a condition of the workplace. In some cases, injuries or illness of this kind can lead to permanent disability.
Does Workers’ Compensation Cover Permanent Disability?
Workers’ compensation does cover long-term or permanent disability. It also provides compensation to the family of an employee who is killed in the course of doing his job. The amount of money provided in these cases is usually based upon a percentage of the employee’s salary.
Workers’ compensation is intended to help defray all costs of on-the-job injury, including lost wages, hospitalization, rehabilitation, physical therapy and other expenses required to help you recover so you can work again. In cases where injury is severe enough that you will not be able to return to work, workers’ compensation will provide a long-term settlement to help you care for your family.
Permanent Disability Cases in Court
Proving a workers’ compensation case can be complex and difficult. When you need workers’ comp to put your life together and care for your loved ones, you might also find yourself needed an experienced workers’ compensation law team to help you make your case.
If you have suffered a serious injury resulting in disability in the Atlanta, Georgia area, please contact the law team at Robbins & Associates, P.C. With extensive experience in workers’ compensation in the Atlanta, Georgia area, we can help you get the compensation you need and deserve.
When examining a potential medical malpractice claim, there are many factors to consider. Just because a surgery did not yield the results you were hoping for or you received a diagnosis for which you’re not prepared, does not mean that medical malpractice took place. If you suspect you have been harmed by a medical mistake, you should contact an experienced medical malpractice attorney as soon as possible following the date the injury occurred. Keep in mind that there are statutes of limitation with medical malpractice cases, and if you miss the deadline, you cannot file suit.
In the state of Georgia, there are four very specific things that must be proven in order for medical malpractice to have occurred:
A duty must be owed to the injured person.
The duty must be breached.
The breach of duty must cause injury.
There must be damages from the injury.
Robbins & Associates, PC understands Georgia medical malpractice law inside and out. We have handled countless med mal cases, and we have been extremely successful in getting fair settlements and just verdicts. If you suspect you have suffered (or if a loved one died) due to medical error, then you need a medical malpractice attorney’s guidance. After hearing the details of your case, we can advise you on how to proceed.
One of the most important aspects in an auto accident case is establishing fault. Our Atlanta, Georgia, car accident lawyers are highly experienced in handling automobile accident lawsuits. We will work with you to ensure that the negligent parties, whether other drivers or, in the case of defective vehicles, vehicle manufacturers, are held responsible. One thing to keep in mind that is that it is the job of the insurance company to pay out as little as possible. It is imperative that you accept no settlement over the phone with an insurance agent. Those conversations are recorded, and your verbal acceptance of money can be binding. If you are involved in a car accident in the Atlanta area, you should contact Robbins & Associates, PC immediately so we can explain to you how these cases work and what we must prove to get you the compensation to which you are entitled.
After you have filed a claim for car accident, the adjuster immediately evaluates the car insurance claim. He or she reviews the property damage appraisal and determines how much it will cost to fix your car. If the cost to repair the damage exceeds the fair market value (FMV) of your car, they will most likely recommend totaling the car in lieu of repairing it. If the damage is within the repair guidelines, then your car should be repaired by an authorized body shop at no cost to you except for your deductible. If you have rental insurance, you should be provided a rental car up to the maximum limits. If the accident was not your fault, the at-fault driver’s insurance may provide a rental car to you at no expense.
The second part of your car accident claim is determining bodily injury, if any. If you were not injured in the accident, consider yourself extremely fortunate. If you were injured and you require medical treatment, physical therapy, etc., this could prolong your car accident compensation claim. Different types of insurance coverage will kick in to help cover your medical costs, time lost from work due to your injuries, prescriptions and even mileage to and from your medical appointments.
Remember, the car accident compensation claims adjuster’s primary goal is to settle your claim for the least amount of money. Seek legal counsel for guidance and never sign a release until you do.
Disclaimer: Robbins & Associates, P.C., handles medical malpractice, personal injury, wrongful death, workers compensation and auto accident lawsuits in Atlanta, Georgia and surrounding communities. This website is a public resource for general information about our firm and the law. Nothing in this website should be used by the reader as a source of legal advice in a particular case or situation. Please contact us today to schedule a free consultation with an Atlanta, Georgia personal injury lawyer.
