Castan Y Lecca workers compensation
Workers’ compensation provides payments for medical care, lost wages, and rehabilitation for an employee who suffered a work-related injury. As an employee, your employer is responsible for your safety and security at work. Therefore, it is essential to ensure that the company has workers’ compensation coverage. Having the help of an experienced workers’ compensation attorney is very important. Don’t try to defend your case yourself. Castan & Lecca will help you achieve both monetary and non-monetary benefits. If you get injured due to your work, you might be entitled to workers’ compensation benefits. As long as you are eligible, you can receive compensation regardless of who was responsible for your injuries. Call Castan & Lecca today at 770-800-7000. Your first consultation is free.


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What is workers’ compensation?

Workers’ compensation is a state program that consists of awarding legally required payments to an employee who is injured or disabled from work. Each of the states has its laws for compensation benefits. Check our official Workers’ Compensation page here. Compensation benefits act as insurance for employers and help employees no matter who was at fault for the accident.

Are You Eligible For Workers’ Compensation Benefits?

There are basic requirements that must be met to be eligible. Here are the requirements to obtain compensation benefits:
  • You must be an employee.
  • Your employer must have workers’ compensation insurance.
  • You must have a work-related injury or illness.
  • You must meet the deadline for submitting your claim.
If you were injured on the job and meet any of these requirements, read on to learn more about each one.

You must be an employee.

Employees are generally covered from the first day of employment. On many occasions, when they do precarious jobs, employers do not carry out the hiring. Employers often misclassify workers as independent contractors to avoid paying taxes. If you are injured on the job and are not hired, you will not be able to apply for compensation benefits.

Your employer must have compensation insurance.

The vast majority of employers must have workers’ compensation coverage, but not all. Laws vary by state, but in Georgia, the responsibility to provide compensation coverage depends on the number of employees a business has.  Sometimes employers buy workers’ compensation insurance even if they aren’t required to do so. This strategy helps employees obtain benefits for work-related injuries, and they can’t file a lawsuit against the employer.

Your injury/illness must be work-related.

If your injury or illness is work-related, you will be eligible for workers’ compensation benefits. For example, suffering a severe illness from being exposed to dangerous chemicals at work or hurting your back after lifting a heavy item as a warehouse worker.  Some difficult situations to prove that injuries are work-related are: Lunch breaks. Injuries that occur during an employee’s lunch are not considered work-related. You will not be covered if you were doing something during your lunch break that was not allowed or was within other exceptions to workers’ compensation coverage. Business events. Injuries sustained at these events are generally considered work-related. But in many states, after-hours activities like picnics or parties aren’t covered.  Travel to/from work. Benefits for workers’ compensation generally do not cover commutes to and from work. There are exceptions, such as driving a company vehicle, having company trips, or running errands for your employer. Bad behavior. Sometimes we don’t know if we are doing the right thing or if your employer maintains the proper safety and security standards for employees. Getting hurt under the influence of alcohol and drugs, or trying to harm yourself to collect benefits, are not covered under workers’ compensation.

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You Must Meet The Filing Date of Your Claim

As soon as you get injured in an accident at work, you should inform your employer. He or she must record the injuries that occurred in the workplace in writing.  After reporting your injury or illness to your employer, it is crucial to contact experienced Atlanta workers’ compensation attorneys, like Castan & Lecca. With our help, you can file a claim and stay informed throughout the process. An expert can help you understand the deadlines for your compensation claim.
(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.