When to Hire a Workers' Compensation Lawyer in Georgia?

Workers' Compensation Attorney and Client Shake Hands to Begin Process

The decision to hire a lawyer is crucial and can significantly influence the outcome of your case. In Georgia, workers’ compensation laws are designed to protect both employees and employers in the event of work-related accidents or illnesses.

In this blog, we explain what situations require the assistance of a specialized lawyer and how to know if you have a solid case. For any additional concerns, Castan, Lecca & Boeschen, the exceptional law firm that never stops delivering superior results, is always available.

Understanding Workers’ Compensation Laws in Georgia

Panoramic view of the city of Atlanta, Georgia

In Georgia, the legal system operates under a “no-fault” framework, meaning that an injured employee can receive medical and income benefits without having to prove that the employer was at fault for the accident. This aims to streamline the Workers’ compensation claims process but can also limit the types of compensation available to the injured worker.

Incidents That Justif Hiring a Lawyer

Severe Injuries: If you have suffered severe injuries requiring surgery, prolonged hospitalization, or resulting in long-term disabilities, a Workers’ compensation lawyer can help ensure that all medical benefits and compensations are adequately awarded and calculated.

Disputes Over Work Capacity: If there is disagreement about your ability to return to work in your current condition, a lawyer can be crucial in protecting your rights and ensuring you receive a fair evaluation.

Denial of Your Claim: Insurers sometimes deny claims for various reasons. A lawyer specializing in workers’ compensation can appeal and fight these decisions to overturn them.

Employer Retaliation: If your employer fires you, demotes you, or takes retaliatory actions against you for filing a workers’ compensation claim, it is vital to have legal representation to protect your rights and possibly file a retaliation Workers’ compensation lawsuit.

How to Know if You Have a Workers’ Compensation Case

Direct Relationship to Work: You must be able to demonstrate that your injury or illness is directly related to your job duties. For example, if you get injured using machinery at work or develop an illness due to exposure to chemicals at your workplace.

Medical Evidence: Having detailed medical documentation linking your condition to your work is crucial. A Workers’ compensation lawyer can help you obtain and organize this documentation effectively.

Non-Compliance with Safety Standards: If the accident was caused by non-compliance with workplace safety standards, this can strengthen your case and should be mentioned during your legal consultation.

The Importance of Trusting Legal Professionals

Castan and Lecca Attorneys in Park

Trusting legal professionals is not only a wise decision but also an effective strategy to protect your rights as a worker. 

Workers’ compensation lawyers are equipped with the knowledge and experience necessary to navigate the complex legal system and ensure that victims of workplace accidents receive the fair compensation they deserve. They deeply understand the laws and stay updated with legislative changes that can affect your case.

Letting a professional handle your Workers’ compensation claim frees you from the burden of legal work and ensures that every aspect of your case is attended to with the necessary rigor. This not only increases the chances of a favorable outcome but also allows you to focus on what matters most: your recovery and well-being.

Hiring a workers’ compensation lawyer in Georgia can be decisive in many cases, especially if you face complex situations or disputes with the insurer or your employer.

A Workers’ compensation lawyer will not only provide you with legal guidance but also actively represent you to ensure your rights are protected and that you receive all the benefits to which you are entitled under Georgia law.

If you or a loved one find yourselves in a complex situation and believe a lawyer could help, do not hesitate to contact Castan, Lecca & Boeschen. Our exceptional lawyers will not rest until the case is concluded and will fight to the fullest to offer superior results to any client, no matter where they come from, who they are, or what problems they are facing.

Call today and schedule a free consultation with us!  678-825-3611

(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.