Castan y Lecca Group
Being involved in a workers’ compensation case can be distressing, stressful, and uncertain, so getting the right legal advice is very important. That is why Castan & Lecca attorneys want to help you solve these situations easily and resolve any concerns that may arise during the process. In this latest blog post, we’ve outlined the most frequently asked questions we get from clients so you can learn about workers’ compensation issues. At Castan & Lecca, we’re here to provide you with assistance in your workers’ compensation case–you can rely on us.

What is considered a workers’ compensation case?

It is important to be clear about which cases are eligible for workers’ compensation and which cases are not. Firstly, you must know that these cases proceed when an employee has some type of accident or complication at work due to the negligence of the employer. In general, workers’ compensation cases are structured so that the injured employee obtains physical, mental, and monetary protection after facing any type of workplace accident. Workers’ compensation benefits include:
  • Medical Care
  • Rehabilitation
  • Financial compensation
  • Funeral benefits
All of these workers’ compensation benefits are mandated by state law and in no case can insurers stop paying these benefits, nor can your employer stop insuring you as an employee.

What should I do if I sustain an injury?



The first step is to report the workplace accident once it happens, and you should do so directly to your employer. You should report the injury not only because it will allow you to keep track of what happened, but a report will help avoid legal complications throughout your compensation process. However, this is not enough. Remember to follow these steps:
  • Gather sufficient evidence
  • Seek witnesses if possible
  • Report the accident to the insurance company
  • Seek medical help
  • Fill out paperwork as thoroughly as possible
  • Seek legal support from an experienced attorney
Following these steps closely will allow you to have a positive outcome of your case and receive your compensation.

What happens if an injury report is not made?

Failure to report your injuries in a timely manner puts you at risk of receiving inadequate compensation. That’s why time is of the essence when it comes to collecting evidence, receiving medical treatment, and securing documentation. Remember that if you do not report it immediately and decide to seek medical help, you should be sure to obtain as detailed a medical report as possible. Then, you should send it to your employer as soon as you can to start the process and get the compensation you deserve.

Will there be an accident investigation?

Yes, because no workplace accident is taken lightly. This is not only because of what it represents for the employee, but also because of the legal procedures that focus on the employer.  Because of this, each workers’ compensation case must be carefully detailed to ensure that the insurance company starts the process quickly. When cases are delayed, it only increases the chance of a negative result.  Insurers assign an investigator to determine what factors caused the accident. They will also provide guidelines for the employer to rectify any unsafe situations in the work facility. They will also analyze the compensation to be received by the employee.  Using this analysis, the insurers provide a direct report to the employers with the necessary guidelines to implement procedures to help correct the company’s protocols.

If the negligence in the case is my fault, can I apply for workers’ compensation?

If the employee engages in willful misconduct, no, workers’ compensation benefits do not apply. It should be noted that negligence or willful misconduct on the part of the employee is considered any activities that are carried out under the influence of controlled substances (such as alcohol or psychoactive drugs) that alter their senses or mental acuity at work. Negligence is also seen as any type of alteration of work-related activities such as games, fights, or malicious acts. Workers’ compensation is generally awarded when the employer’s negligence causes an injury to their worker, but in cases of employee haste or inattentiveness, the State board states that the employee may still be able to receive compensation. This is decided on a case by case basis, so it’s important to have a trusted attorney by your side to guide you.

Are there any state entities involved in a workers’ compensation investigation?

Yes, the State Board of Workers’ Compensation can intervene if fraud is suspected. In this case, the state board has investigators available to analyze such fraud and also has the power to assess civil penalties of up to $10,000 for violations involving fraud. If you do suffer an accident at work, gathering sufficient evidence and reporting your accident in the correct time saves you from these types of penalties.

Are there circumstances that prevent me from receiving my compensation?

Yes, as mentioned above, any inappropriate conduct while engaging in work activities that is against safety policies puts you at risk for not receiving compensation.

Can I choose my personal physician to assess my injury?

No, remember that the medical care you receive must be from a doctor on the list provided to you by your company. It is important to note that your employer must provide you with an authorized list of the medical institutions you can access. If you decide to go to a doctor who is not on the list for injury evaluation, it will be seen as unauthorized treatment. This may prevent you from receiving your compensation.

Where can I find the list of authorized physicians?

This list should be provided by your employer to keep you and all your co-workers aware of the options available to you in case of an accident at work. This type of list should also be displayed in your workplace with the following characteristics:
  • Must be a visible 8.5″ by 14″ print
  • Must be titled as “Official Notice: this company operates under the Georgia Workers’ Compensation Laws”
  • Must contain a list of medical providers and their corresponding contact numbers
If these frequently asked questions have not resolved your concerns, please contact us. At Castan & Lecca, we are prepared to help you with all your questions. Above all, we will guide you throughout your workers’ compensation process. Remember that it is essential to make a detailed study of your case so that the results are always in your favor.
(864)761-4141

Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.