Castan, Lecca & Boeschen
Get In Touch
678-825-3611

Which Injuries Are Not Covered by Workers’ Compensation?

Regardless of all of the precautions and safety measures in place, sometimes work-related accidents can still occur. According to the Bureau of Labor Statistics, total employer compensation costs for civilian workers averaged $42.48 per hour worked in December 2022.
As an employee, you should know that there are structures in place that ensure you are covered if you happen to be injured in a work accident.

If you suffer a burn, fracture or concussion on the job during the ordinary course of work, then you may be entitled to compensation through the workers’ compensation program. Furthermore, if there is evidence that there was no way to avoid the accident and someone else caused the injury, it is possible to still be eligible for benefits. But there are certain injuries that are not covered by the program.

In this blog, we will review a few injuries that are not eligible for workers’ compensation:

  • Commuting to Work
  • Injuries from Intentional Fighting
  • Intentional Injuries
  • Injuries from Drug or Alcohol Use


Commuting to Work

Workers’ compensation payments (which are paid out by your employer) occur when you’ve sustained an injury during the course of your job. Injuries sustained in the workplace are largely covered.

While commuting means you are intending to go to work, you’re still not technically at work. Commuting itself is not a part of your job, which means if you are injured in a car accident during this time, workers’ compensation may not apply to your situation.

It’s important to know that if you leave your job site to go on a break or go get food for lunch and sustain an injury during this time, the injury may not be covered by workers’ compensation protection—even if you were on the clock. However, if an injury occurs in the break room or cafeteria, you may be eligible for benefits.

Car accident injuries sustained while you are trying to get to your workplace do not fall under injuries eligible for workers’ compensation. However, if you use a car or drive as a specific part of your job, you might be eligible. It’s best to get a free consultation from a trusted, experienced legal team like Castan & Lecca so that they can review your case. They’ll be able to tell you exactly what you can expect. 


Injuries from Intentional Fighting

If you engage in a fight while you are at work, any injuries sustained from that altercation may not be covered by workers’ compensation. Since fights occur outside of ordinary work duties, injuries from them are not covered unless it was directly involved with a specific work issue.

However, if ongoing fighting or physical altercations occur and the employer neglects to take responsibility for these issues, you may be eligible to receive compensation. Each case is different, so be sure to review the particulars of your situation with a trusted attorney like those at Castan & Lecca.


Intentional Injuries

While accidents do happen and workers are compensated for their injuries sustained at work, sometimes employees engage in dishonest practices. Workers compensation fraud could include employees intentionally trying to injure themselves so that they can get a pay out.

This dishonorable behavior is not at all eligible for workers’ compensation benefits. Every employee should know that each workers’ compensation case is investigated by several different parties–including the state board. If the nature of the case reveals an intentional injury has occurred, the injured employee will most certainly not receive benefits. 


Injuries from Drug or Alcohol Use


If an employee is under the influence of alcohol or drugs while injured at work, the injury that might occur will not be covered by workers’ compensation. The employee will be deemed as engaging in reckless behavior that not only endangers themselves but their fellow coworkers around them.

If you are driving while impaired on drugs or alcohol, you may not be eligible for workers’ compensation. Since DUIs can occur due to the person’s own decisions and out of the scope of your work, your employer will not cover it.

It’s important to stay aware of your own behavior while commuting to work and while at work. This is especially true if the nature of your work includes operation of heavy machinery. Workers owe it to themselves and those around them to stay sober and safe during–and before–work hours.

What to Know About Workers’ Comp

So what can you do if you’ve been injured during the course of your work duties? You may be eligible for workers’ compensation benefits, which will be paid out by your employer. But there are a few things you should know:

  1. Get help immediately. If you’ve been injured on the job, seek medical help immediately so that your injuries can be treated. 
  2. Let your employer know. The sooner you let your employer know of your injury, the sooner you may be able to receive workers’ compensation. 
  3. Document your injury. If you’re able, be sure to document everything about the nature of the accident and injury. This includes getting witness statements and evidence. It also includes keeping track of medical bills and documentation. 
  4. Be aware of filing deadlines. You should file your claim with the Georgia Workers’ Compensation Board as soon as possible so that you do not miss deadlines and delay your benefits.

An experienced legal team can help you ensure that your benefits get to you as quickly as possible. Speak to us today. 


The Takeaway


Workers’ compensation can be a lifeline to those injured on the job. But many times, certain injuries are not eligible for benefits. It’s important for employees to stay informed about their rights and which injuries fall under workers’ compensation. 

If you’ve been injured at work, you should know your options and what is available to you. Speak to us today and get a free consultation. We’re ready to hear your story.

 

 

 

 

What is premises liability and how does it apply to restaurants

Going out to eat at your neighborhood’s favorite restaurant is the perfect weekend activity. Whether you’re going out with family or friends, sharing a meal at your favorite spot is supposed to be a fun and pleasant experience. 

According to a new survey, around 56% of Americans who eat out will do so between 3–4 times a week, including eating at restaurants and ordering food to go. So eating out is a fave for the everyday American, but sometimes, an injury or accident could taint this fun activity. If this happens, the restaurant could be liable if this was caused by negligence of the restaurant owner. 

Premises liability is the legal concept where a property owner is liable for injuries to guests and visitors. In order to win a premises liability case, the guest or customer must prove that the property owner was negligent concerning ownership or maintenance of the premises. This commonly occurs in personal injury cases where the incident happened at a public place, like a restaurant.

It’s important to note that just because you were injured at someone else’s property does not mean the property owner was negligent or created an unsafe situation for them to be liable. You need to show and prove that the property owner knew or should have known that the premises were dangerous for the customers. 

Restaurant owners are responsible for providing a safe space for their guests and visitors and providing a warning when conditions may be unsafe. They can be held accountable for injuries happening on the premises, including parking lots and surrounding areas. The most common injuries they could be liable for are slips and falls caused by spills, uneven flooring or pavement outside the restaurant, and poorly lit areas like parking lots.

 

Here are some examples of Premises Liability cases

Slip and fall:  These are the most straightforward premises liability cases; some common conditions that lead to a slip and fall are:

  • Food or drink spill
  • Accumulation of ice and snow
  • Wet or oily floors
  • Hidden extension cords
  • Unsecured carpets or rugs
  • Broken/loose tiles or wooden floors, steps, or sidewalks

Defective conditions on the premises: This can be because of poor design, repairs or construction, building code violations, unmarked hazardous areas or insufficient maintenance. It includes: missing or damaged stairs, inadequate handrails, and damaged doors or windows. 

 

 

Inadequate security: Most common in an apartment or office buildings but could also apply to restaurants. 

Fires, water leaks, and floods: On the rare occasion a fire or flooding happens, the premise could be liable if these conditions cause injury. 

Slips and falls because of spills are the #1 cause of injury in restaurant liability cases. Still, the customers must prove negligence in any case, so showing that the restaurant created a hazard, knew of it, or should have known of it is vital. Evidence of how long the spill was there, with no one cleaning it, will be a deciding factor in the case. 

 

 

Restaurants could also be liable for negligent security if they have created an unsafe environment or conditions inside and around the restaurant. For example, if a drunken customer attacks or assaults another customer, the restaurant could be liable for providing alcohol to an already intoxicated person, especially if there has been a history of fights at that location. A dark parking lot could also be considered unsafe. Suppose there’s a history of robbery or rape at the site, and the owners didn’t provide additional security or lighting. In that case, they could be liable for creating unsafe conditions for their customers. 

In order to file a negligence claim seeking damages, the customer must prove four elements:

  1. Must show that there was a dangerous condition on the property:  From a spill in the floor to a loose handrail, the customer must prove there was something causing danger in the premises. 
  2. Prove that the property owner knew or should have known of the danger: This refers to the owner’s duty of inspecting the property for dangerous conditions. 
  3. The third element refers to the property owner not fixing the situation: Failing to clean up a spill, repair the damage or prevent customers from going through any hazard that could cause injury.
  4. Finally, the customer must prove that this caused their injuries: In Georgia, this requires establishing that the dangerous conditions caused the injury. This means that the incident is a direct result of the hazard. 

Like any other public site, restaurants have the legal duty of keeping their customers safe from dangerous conditions. Exposing them to any hazard will leave the business owner liable.

Getting a team of attorneys to determine the best course of action will be the first step in filing a personal injury claim. Contact the personal injury experienced attorneys at Castan & Lecca; we have represented many accident victims who were injured due to unsafe conditions. 

Who to notify after an accident on the job?

Creating a safe working environment is a priority for employers and employees; most companies have specific programs to prevent work-related injuries, but sometimes that’s not enough. If you get injured by performing any task at work, the first step should always be reporting it to your employer, preferably in writing, and the sooner you do it, the better. You’re not doing yourself or your employer any favors by pushing through pain or ignoring an injury. 

Reporting an injury at work immediately should be obvious, but in many cases, employees fail to do so; even if you don’t require immediate medical attention, reporting the incident to your supervisor is essential and will prevent many potential issues. When an accident is not reported, your employer can deny medical treatment or will try to imply the injury happened outside of the workplace, causing problems with your workers’ comp benefits. 

Failing to report an incident on time can cause several problems, not only with your employer but with your workers’ compensation insurance carrier or private health insurance. 

 

Types of injuries sustained at the workplace

 

 

Most commonly, there are two types of injuries an employee can sustain at their workplace: an acute one, which refers to a sudden accident, fall, or strain, and an injury sustained over time, like carpal tunnel syndrome and repetitive use syndrome, among others. 

No matter the type of injury, reporting it is essential since, under Georgia Law, the employee has 30 days to report it. So if the injury was acute, it should be reported immediately after. The 30-day period would begin to count for injuries sustained over time when the worker realizes they can’t perform their usual duties. 

 

Workers’ compensation rights and responsibilities

 

 

According to Georgia Law, most, if not all, workers who suffered an injury at the workplace are eligible for some degree of benefits through the worker’s compensation system. These benefits can include reimbursement for medical treatment, rehabilitation support, loss of wages, and supplemental income. In the case of death, the worker’s dependents may also be eligible to claim certain benefits. 

While finding an at-fault party is not typically a deciding factor in receiving workers comp benefits, workers should demonstrate a level of responsibility by following the process after sustaining an injury. 

You should take these steps to protect your case:

Report the injury: Report the incident to your supervisor immediately and preferably in writing. Telling a coworker isn’t sufficient, also doing it promptly is vital. Waiting more than 30 days to report it can cause you to lose the opportunity to receive your benefits. 

Get a list of approved doctors: Your employer should provide a list of approved doctors (sometimes known as a “panel of physicians”) you are allowed to see. If you need this list, ask your supervisor or the HR department. 

If you have the approved doctor’s list and decide to go to your family doctor, your employer’s insurance company could use this as an argument to deny your worker’s comp benefits. If your employer doesn’t provide a list in a timely manner, go to your family doctor if required.

Get medical treatment: Schedule an appointment as soon as possible with one of the physicians and follow the treatment plan to the letter, including follow-up appointments, tests, and physical therapy if that’s the case. If you need emergency medical treatment, your employer worker’s comp insurance company must pay regardless. 

File a claim with Georgia State Board of Workers’ Compensation: To protect your rights, file a claim with the State Board of Workers’ Compensation and send a copy to your employer and their workers’ comp insurance carrier. You can access it online or call the State Board directly. 

Request a copy of the report and any notes filed on your case: Ask your employer for a copy of the report they must file to their insurance company and have all your medical records and files in order. 

Update your employer on any changes: If your doctor gives you any restrictions to return to the job or excuses you from work, you need to keep your employer updated. All this information should be done in writing, and you should keep copies of your own. If your doctor excuses you from work indefinitely, check with your employer how to handle this situation and follow any agreement to the letter. 

Ensure the insurer is informed of your injury: Most companies have a workers’ compensation insurance company that handles the claims for them; make sure the HR Department has reported your injury to them. It’s always good to check directly, so ask for the contact information of the agent handling your case.

 

Talk to an attorney: Last but not least, contact the trusted attorneys at Castan & Lecca if you believe you should file a workers’ compensation claim. We have handled countless cases, helped many workers get the benefits they deserve, and overcome any obstacles that may arise in the process. 

How do weather conditions affect car accidents?

Commuting to and from work is part of most people’s daily activities; in fact, workers in Georgia have one of the longest commuting times in the country, with an average of 28.4 minutes each way. All this time on the road leaves Georgia residents more vulnerable to car accidents; recent statistics show more than 1,720 drivers are involved in accidents daily! That’s around 70 car accidents per hour. And one of the top 10 leading causes of car accidents is bad weather. 

The fact is, bad weather increases the chances of a car accident, conditions such as fog, rain, and snow can hamper visibility and impact the performance of your vehicle. 

Types of “bad weather”

When someone says “bad weather,” what first comes to mind is snow, but there are more categories of bad weather that can affect driving.

  • Black ice: When rain or snow freezes on the road, it creates black ice, patches of ice especially tricky to spot, hitting them can cause drivers to lose control of the vehicle in a matter of seconds.
  • High winds: Strong winds can cause debris like tree branches to hit the car and also, make large vehicles harder to control and cause them to rollover. 
  • Rain: From a light drizzle to pouring rain, any type of precipitation can be dangerous; it makes the road slick, especially during the first 10 minutes of rain.

 

You may think that snow and black ice are the leading causes of weather-related car crashes, but the truth is that rainy conditions and wet pavement take the lead on what causes the most weather-related accidents. 

 

Why is driving in the rain so dangerous?

 

  • Poor visibility: Heavy rain causes diminished visibility, affecting the driver’s ability to see ahead for obstacles and other drivers. According to the FHWA, nearly 70% of weather-related crashes occur on wet pavement.
  • Hydroplaning:  This occurs when the car’s tires don’t have proper traction due to wet road surfaces, which can cause drivers to spin and lose control of the vehicle. 
  • Speeding: Drivers often fail to adjust their speed when it’s raining, often causing rear-ended accidents. 

 

How to prevent a weather-related car accident? 

The best way to prevent a weather-related car accident is to avoid driving in these conditions, which is often impossible for most drivers. So if you have to drive, slow down, pay attention to the road, and take additional precautions like:

 

    • Avoid braking suddenly: If you feel like your car is slipping, don’t brake; take your foot off the gas and turn the steering wheel in the direction you are skidding while gently tapping the brake pedal. This will likely straighten the path of the vehicle. 
    • Stay focused on the road: When weather conditions are hazardous, pay extra attention to the road ahead, and put away anything that might distract you, especially your phone. Other drivers or pedestrians could be stopped ahead, and you need extra time to brake, especially when the road is slippery. 
    • Slow down: There’s nothing worse you can do than speeding in bad weather; your safety is more important than getting home early. A slower pace allows you to brake if there are any obstacles in the road. 
    • Increase the distance between you and other vehicles: Double the distance between you and the car ahead, and avoid driving right next to another vehicle.
    • Keep your headlights on: Even if it’s daytime, having them on will increase visibility and allow other drivers to see you in the distance. If the weather worsens, consider turning on your hazard lights, especially if you are slowing down. 
  • Stay calm: Driving in hazardous weather can be scary even for the most experienced drivers, you may feel extra nervous, but staying calm is key to making smart and safe decisions.
  • Winterize your vehicle: If winter is approaching, make sure your tires and windshield wipers are in good condition, and replace them if necessary. 



Car accident injuries can sometimes be nearly fatal, requiring a hospital stay, long-term medical care, and physical rehabilitation, leading to substantial hospital bills, loss of wages, and more. If you are in this unfortunate situation, you could wonder if you can get financial compensation. If a faulty party is involved, you might be entitled to it, but when the weather plays a role in a car accident, figuring out who’s at fault can be very tricky. However, the driver that caused the accident could still be liable as there are preventative measures that could have been taken to avoid it. 

 

If you or a loved one are in this situation, reach out to an experienced attorney in Castan & Lecca that can assist you and figure out whether you are entitled to any type of compensation and how to handle this case. 

 

Why is it important to seek medical attention right after an accident?

An accident can happen anytime and anywhere. Whether it be a car accident or a slip and fall, these incidents can cause serious physical pain and emotional damage. If these events were to ever happen to you, one of the best things to do is to seek medical attention immediately.

Why? Receiving medical care after an accident can help you know the kinds of injuries you sustained, detect any hidden injuries, provide you with the right treatment for a full recovery, and even be the proof you need for compensation.

In this blog post, we’ll explain the benefits of seeking medical attention and what you should do after an accident.

 

Reasons You Should Seek Medical Attention After an Accident

After an accident, it is normal for you to feel overwhelmed and confused. You might even be tempted to ignore your injuries and move on with your life. However, that would be the worst mistake you could make for your long-term health and well-being.

These are some of the other reasons you should seek medical attention after a car accident: 

  •         Detecting hidden injuries: Most injuries after an accident may not be felt right away, but if left undetected and untreated, they can worsen over time. However, a thorough medical examination can help you identify these injuries and give you the treatment you need.
  •         An adequate treatment: With a prescribed medical treatment, not only will you have a complete recovery, but you may reduce the risk of any long-term complications down the road. A doctor may also provide you with physical therapy and medication to relieve your pain and reduce inflammation, as well as provide rehabilitation exercises to help strengthen injured areas.
  •         Legal protection: If you were injured in an accident, whether it be at work, in traffic, or a public area —and the incident was caused by someone else’s negligence— you should seek medical attention immediately. By doing so, you’ll be able to document your injuries which can then help you establish that your injuries were indeed caused by someone else.

 

What are the cases in which seeking medical attention is even more important?

In some cases, seeking medical attention after an accident is even more important due to the severity of the injuries. These physical damages should be detected and treated as soon as possible to avoid further complications. Here are some specific examples of injuries where you shouldn’t waste time in seeking medical attention:

  •         Head injuries: Any blow to the head shouldn’t be taken lightly. It can lead to serious complications, including brain contusions, skull fractures, and hemorrhages. If you get hit in the head, seek medical attention immediately to detect and treat these injuries as soon as possible.
  •         Spinal cord injuries: After an accident, any injury or blow to the spine is another major concern. It can cause fractures, dislocations, and severe trauma to the back and spine. If you feel you have a spinal cord injury, stay as still as possible and call 911 to receive medical attention immediately.
  •         Internal organ damage: Any internal organ injury can be hard to detect at first but can be life-threatening if left untreated. If you feel abdominal pain, difficulty breathing, or any other symptoms that may suggest internal damage, find medical attention right away.

What other steps should I take after an accident?

Seeking medical care is just the beginning of what you should do after an accident. Other steps include:

  •         If you had a car accident, you’ll need to also call the cops for them to arrive at the accident scene. They can provide you with an official police report that clarifies who was most likely at fault.
  •         If you had a workplace accident, you’ll need to notify your employer right away about what happened. If you wait more than a month to report what happened, you may lose on receiving your workers’ comp benefits.
  •         Gather as much evidence as possible. Take pictures of the accident scene and your injuries, and get the names and contact information of witnesses. All of these proofs can help you back up your claim.
  •         Contact an accident attorney. If you were injured due to someone else’s negligence, a lawyer can help you receive compensation for your damages.

Here are some final words for you

For you to get back on your feet after an accident, the best decision you can make is to seek medical attention right away to detect and treat your injuries. That is why when you visit an emergency room or a physician, disclose all information about the incident, the pain you feel, and any questions you may have. It doesn’t matter if you don’t feel pain right away. Always get yourself checked to avoid any future health complications.

The other step you should take is to contact an attorney to help you with your case. If you’re not sure whom to reach out to, at Castan & Lecca, our team of exceptional attorneys is ready to fight your personal injury, car accident, or workers’ comp case.

Not only are we willing to hear your story and provide you with a legal strategy, but if needed, we can also point you to medical care professionals we trust to give you the treatment you deserve.

If you have been injured due to an accident, contact us today to schedule a free consultation with one of our attorneys.

 

construction workers working

Can I file for a workers’ compensation claim if I am undocumented?

construction workers working

Whenever an employee suffers a work-related injury or illness, they can file a workers’ compensation claim. However, for undocumented immigrants, filing a workers’ comp claim can become an overwhelming process due to their fears of having any possible legal repercussions or having their immigration status exposed.

Nevertheless, we remind everyone that labor laws and regulations protect all workers, regardless of their immigration status. In this blog article, we want to explain the labor rights of undocumented immigrants here in the U.S. and the laws and regulations that protect them in workers’ compensation cases.

These are the employment rights undocumented immigrants have

Let’s start off with the fact that undocumented immigrants are entitled to the same workers’ rights as U.S. citizens and legal residents. This includes the right to a fair wage, safe working conditions, and protection against workplace harassment and discrimination. That being said, undocumented immigrants also have the right to file a workers’ compensation claim if they suffer work-related injuries or illnesses.

Despite any fear or hesitance undocumented immigrants may have in filing a claim, they should seek legal advice from a workers’ comp attorney. Why? A lawyer can provide legal advice on what steps to take and how they can file a workers’ comp claim without having any further problems down the road.

What are the Laws and Regulations that protect undocumented workers?

There are several laws and regulations at the federal and state levels that protect undocumented workers in workers’ compensation cases. At the federal level, there is the Fair Labor Standards Act (FLSA). Under the FLSA, all employees are covered with workers’ rights regardless of their legal status.

For example, in 2011, a federal court ruled that the FLSA applies to anyone hired by an employer, based on the FLSA’s definition of “employer.” What this ruling means is the FLSA’s interpretation contains no exceptions or exclusions for those workers who don’t have legal status.

On the other hand, on a federal level, the Occupational Safety and Health Act (OSHA) requires employers to provide a safe work environment for all employees, regardless of their immigration status. Not meeting these requirements may have serious consequences for employers.

At a state level, there are certain regulations that protect undocumented workers in workers’ compensation cases. For example, some states have laws that prohibit employment discrimination based on immigration status and ensure they have access to workers’ compensation. There are also state workers’ compensation programs that offer protection to undocumented workers, even if they are not covered by federal workers’ compensation.

In the state of Georgia, undocumented workers may receive temporary total disability (TTD) benefits if they are not authorized to go back to work by an authorized physician or if their employer cannot place them on light-duty work restrictions. Undocumented workers may also receive temporary partial disability (TPD) benefits if they can return to their previous job and earn a lower wage, but this usually depends on the employer’s capabilities to provide them with other “lighter” tasks.

In summary, undocumented workers have a right to file a workers’ comp claim, regardless of their legal status, and cannot be fired by doing so.

Here are some tips undocumented workers should follow while filing a workers’ compensation claim

Contract sign

At Castan & Lecca, we have more than 20 years of experience in labor and immigration law, so we are more than qualified to assist you in your workers’ compensation process. We remind all undocumented immigrants that they have the same worker rights as U.S. citizens.

However, we know you might feel afraid of any legal repercussions and might not be completely aware of how this process works. That is why we’re going to provide you with some tips to file a workers’ comp claim as an undocumented worker:

  1.  Seek legal advice from a specialized attorney. As an undocumented worker, it’s important to be guided by an attorney specialized in workers’ comp cases to help you correctly file a claim. An experienced lawyer can provide you with accurate information about the laws and regulations that protect you, eliminating any fear and questions you may have.  
  2.   Gather evidence. If you gather enough evidence that shows you were injured or got sick on the job, you may have a greater chance of success in getting your claim approved. Proof that can back up your case includes medical reports, photos of the accident scene and your injuries, testimonials, and contact information of witnesses.
  3.   Be completely honest in your claim. When you’re filing your claim, try to be as accurate and honest as possible. Any false or misleading information you provide can damage your case and credibility.
  4.   Do not sign anything without having an attorney present. Whether you’re signing to accept an offer, or putting your John Hancock on wavering your legal rights, always have an attorney by your side. They can explain to you what exactly you are signing and if you should do so or not.
  5.   Don’t ever give up. Filing a workers’ compensation claim can be a long and challenging process. But if you feel like it’s going nowhere or your claim has been rejected for some reason, please don’t give up. If necessary, discuss your options with an attorney to see how your process can be sped up and be successful.

If you are considering filing a workers’ compensation claim and need legal assistance, contact us at Castan & Lecca to schedule a free consultation. Our experience in workers’ compensation cases, as well as our willingness to help out our clients, can provide you with the peace of mind that we’re taking the right steps to file your claim and get your benefits.

What Information Should You Give Your Lawyer After a Work Accident?

When a worker suffers an injury at work, it can be a stressful and overwhelming moment. In addition to dealing with the physical consequences of the injury, the worker must also face financial concerns and uncertainty about how to pay their medical bills and cover daily expenses while recovering. In these cases, it is important to hire a specialized workers’ compensation attorney to protect their rights.

However, for an attorney to provide the best possible assistance, it is essential to provide them with all relevant information about the accident and injuries. In this post by Castan & Lecca, attorneys specializing in workers’ compensation, we will explain what information a worker should give to their attorney to help ensure their workers’ compensation claim is handled effectively.

Personal Information

The first piece of information an injured worker should provide to their attorney is their detailed personal information, including their full name, address, phone number, and email address.

This information is essential for the attorney to communicate with the worker and provide updates on the status of their claim. Additionally, the worker’s personal information will be necessary for filing the required legal documentation for the claim. Make sure to provide accurate and up-to-date information to ensure smooth and effective communication between you and your attorney.

Accident Details

Another important piece of information that an injured worker should provide to their injury attorney when filing a claim is the details of the accident, including the date and time it occurred and how it happened.

It is crucial for the worker to provide a detailed description of the accident, including any hazardous situations or conditions in the workplace that may have contributed to the injury. Also, it helps to provide any photographs or videos the worker may have of the accident scene and the injuries sustained.

This information will help the attorney understand the circumstances surrounding the accident and assess who is responsible. Remember, the more details you can provide, the better your attorney’s understanding of your situation will be.

Injuries Sustained

The injured worker should also provide detailed information on the injuries sustained. This includes the type of injury, its severity, and any received medical treatment.

It is also important to include details about medical care, prescribed medications, and the names of the doctors and specialists who have treated the worker. With this information, the attorney can evaluate the value of the claim and determine the type of workers’ compensation benefits the worker may be eligible to receive.

Don’t forget to provide any relevant medical documentation, such as injury reports, bills, and medical records, to support your claim.

Witnesses and Statements

If there were any eyewitnesses to the accident, it’s important to provide your attorney with their names and contact details. If possible, request written statements from the witnesses, as these can be valuable in supporting your claim.

If there were no witnesses, be sure to provide any other evidence that may support your claim in your workers’ compensation case, such as pictures or videos of the accident scene or the injuries sustained. Your attorney will use this information to strengthen your claim and increase your chances of success in the workers’ compensation process.

Communication Exchanges with the Employer

The injured worker should provide information about any communication they had with their employer regarding the accident and the injuries sustained. If the worker has filed a workers’ compensation claim with their employer, they should provide any documentation related to that claim, including any written or email communication with the employer.

Additionally, if the worker has spoken to a supervisor or manager about the accident, they should provide details of those conversations. Your workers’ compensation lawyer can use this information to determine if the employer has fulfilled their legal obligations and can work to solve any issues that may have arisen in the claims process.

In conclusion, providing your workers’ compensation attorney with accurate and complete information is essential to ensure that your claim is resolved effectively and quickly. Remember to provide personal information, details of the accident, injuries sustained, witnesses and statements, communications with your employer, and any other relevant information that may help your attorney support your claim.

If you have suffered a workplace injury, do not hesitate to contact Castan & Lecca, specialized workers’ compensation attorneys. We have extensive experience working on cases involving work-related injuries and their families to obtain maximum benefits and compensation.

Request your free consultation now and we will guide you through the entire claims filing process. We are committed to helping you achieve the best possible outcome for your case. To schedule a free consultation, contact us by clicking here.

 

 

 

 

How can I change my worker’s comp attorney while I’m in the midst of a legal process?

We understand that a work-related accident not only brings physical pain but potential anxiety about the uncertainty of recovering lost wages. It can be a traumatic experience; that’s why it is so important to have a personal injury lawyer who can guide you through the legal process and help you get compensation and workers’ comp benefits.

However, if you’re not satisfied with how your current workers’ comp attorney is carrying out your case, you can always change lawyers. In our blog article, we’ll tell you what steps you need to take to replace your current attorney.

But first, what is considered a work accident?

A work accident is any incident that occurs while performing tasks on the job that leads to a worker being injured or catching an illness. Work accidents that cause injuries are considered to be:

Although not all incidents that occur on the job are considered to be work-related accidents, it’s important to have a workers’ compensation attorney evaluate your case to determine if you have a case or not.

The legal process after a workplace accident

Once an incident has been determined to be a work-related accident, the next step is to hire an attorney and file a workers’ comp claim. Some benefits of having a workers’ comp lawyer include being guided on the forms you’ll need to file, gathering all evidence needed to prove your claim, and ensuring you meet deadlines to not miss out on receiving compensation.

After filing a claim, the process of negotiating with your employer’s insurance company begins. In order to get a good settlement, evidence is key. Insurance companies will protect their interests and find ways to not payout. If there isn’t an agreement, your case may go to trial where a judge and jury will determine the amount of money you’re owed.

We know that reaching a settlement is a lengthy and overwhelming process. That is why at Castan & Lecca, we listen to your story, gather all the evidence needed to back up your claim, point you to the right medical professionals, and prepare a legal strategy to get your compensation.

I’m not satisfied with my current workers’ comp attorney. How can I change attorneys?

There are a variety of reasons why someone might want to change attorneys in the middle of the legal process. The most common reasons are dissatisfaction with how a lawyer is carrying out their case, miscommunication, or lack of trust in the attorney’s ability.

We always remind everyone that in order to win a case, there must always be a trusted relationship between the clients and the attorneys. That being said, if you’re uncomfortable or unsatisfied with how your lawyer is carrying out your process, we recommend getting legal representation elsewhere.

Changing attorneys during a legal process isn’t complicated to do, but it is important that you follow these steps:

  •         Step 1: Inform your current attorney of your decision, in a respectful manner, that you’re going to change attorneys. We recommend providing them with the reasons behind your choice.
  •         Step 2: Take the time to find a workers’ compensation attorney who has experience in cases similar to yours and is willing and able to take on your case. Before making a decision, look at each attorney’s awards, cases won, and Google Reviews to know if they’re reliable and qualified.
  •         Step 3: Notify the judge about the change of legal representation in a timely manner to avoid delays in the process and to ensure that your new attorney is aware of the legal process’ current status and gather all the documentation needed for your case.
  •         Step 4: Provide your new attorney with all information and documentation related to the case so they can become familiar with the process and develop a new legal strategy.
  •         Step 5: Work collaboratively with your new attorney; have constant communication with them and establish clear goals to ensure that the case is progressing satisfactorily.

If you wish to change your attorney, we are ready to take on your case

If you suffer any work-related accident, your livelihood might be affected, and you may need legal representation to get your life back on track. That is why you shouldn’t settle for less in having an experienced attorney who can guide you through the legal process and get your compensation.

If you’re not satisfied with your current attorney and wish to change legal representation, remember this may delay your process and require additional time for your new lawyer. But again, you deserve to have the right workers’ comp attorney carrying out your case.

Regardless if you’re looking to switch to a new attorney or just need legal representation after being injured by a workplace accident, at Castan & Lecca, we’re here to help. Our legal team is ready to listen to your story and guide you through your process to get superior results for your case. Contact us today for a free consultation.

 

 

 

 

 

DOES WORKERS’ COMP COVER CONSTRUCTION ACCIDENTS?

From a small project for an individual homeowner to a major commercial development, construction work can be dangerous. Very regularly, construction workers must contend with some extremely risky working conditions faced by workers across industries. As a result, serious work-related injuries at construction sites occur with an unfortunate frequency.

Regulations, specifications, inspection requirements, and job safety programs all aim to reduce construction site accidents and promote safety awareness in construction projects, but accidents can still happen, even if workers take all precautions.

You cannot control a careless jobsite or employer. And when you get injured, you should be entitled to compensation to keep a roof over your head.

According to the U.S. Labor Bureau of Statistics, in 2020, more than 1 in 5 workplace deaths occurred in the construction industry. Just over one-third of the deaths in this industry were due to falls, slips, and trips, and were almost entirely from falls to a lower level.

The state of Georgia functions as a no-fault workers’ compensation system. That means as long as your injury occurred during the course of your work, you do not need to prove your employer caused your injuries. 

In this blog post, we’ll review what you should do if you’ve been injured at a construction site, how workers’ compensation covers construction accidents, and why a personal injury attorney is the person to represent you against your employer’s insurance companies.

If you’ve been injured at work, you should know your rights–and know that you’re not alone. You deserve an experienced, accessible legal team who knows how to guide you through this tough process. Call us today for a free consultation. We want to hear your story.

 

The most common types of construction site injuries 

While a variety of incidents can occur at a construction site (which result in a wide spectrum of injuries), the most common type of accident is a fall.

As a result of a fall, a worker can suffer the following:

  • Broken bones (arms, legs, etc.)
  • Traumatic Brain Injury
  • Spinal Cord Injury

 

All injuries listed above could prove to be catastrophic or lifelong. No matter the nature of the injury, being injured in a fall could result in therapies, treatments, doctors’ visits, medications or even surgeries. It could also mean time off of work as you recover. 

This is why it is so important to have workers’ compensation to pay for all of the bills that will accumulate. Reach out to us to find out how we can help you secure the funds you need during this time. 

What to do after you’ve been in a construction accident

After you’ve had an accident in the workplace, there are a series of steps you must undertake so that it is easier for you to file a workers’ compensation claim in the state of Georgia. 

  • Get medical attention for your injuries as soon as possible
    • This could include having a colleague call 911. 
  • Start documenting your care as soon as possible
  • Report the injury to your employer and/or construction site manager, and note the name and position of the person notified
    • You should do this as soon as you can. 
  • Get the names and contact information of anyone who may have witnessed the accident
  • If possible, try to preserve any evidence related to your injury. This could include: 
    • taking photographs of the area where you were injured  
    • Taking photos of the injuries themselves
    • keeping the equipment or tool that was involved in your injury
  • Get in contact with a trustworthy personal injury lawyer to handle your claim


How workers’ compensation covers construction injuries 

After a workplace accident, you may need immediate medical attention. This could include treatment at the scene or even a trip to the emergency room. If medical treatment begins immediately, you or someone you know should document it. Every piece of documentation, prescription, treatment or correspondence becomes evidence when filing a workers’ compensation claim. 

The sooner you get medical treatment, the easier it will be to prove that your injury affected your ability to work. And the sooner you start compiling documentation, the easier it will be to file your claim–and get your compensation as quickly as possible.

How a personal injury attorney can help you

OK, so you’ve been injured in a construction accident. You’ve sought medical treatment, you’ve documented the scene–what’s next? In order to ensure that you get your workers’ compensation in a timely fashion, it’s best to work with a team of trustworthy attorneys who can guide you in this complicated process.

The workers’ compensation claim process in the state of Georgia can sometimes be complicated. For instance, you must alert your supervisor of the accident within thirty days of the accident date. If you do not do this, there could be delays in your claim. But, of course, you could be dealing with your injury–or even still in the hospital. That’s why it’s best to seek assistance from your workers’ compensation attorney so that they can make sure your employer is alerted on time.

There are also deadlines and filings that you must make to avoid delays or even not getting your compensation entirely. This is where an experienced workers’ compensation attorney would help you.

We’ve got decades of knowledge and experience on our side–and we know the system. It’s worth it to reach out to us so that we can help you get your life back.

The Takeaway

Dealing with a construction site injury can take its toll. The last thing you want to worry about is filing government forms, dealing with insurers or worrying about how you’re going to pay your bills.

Now that you know a little bit more about the nature of construction site injuries–and how the workers’ compensation system in Georgia works–you can rest a little easier. We’ve reviewed the common construction injuries, what actions you need to take following a construction accident and how a personal injury attorney can assist you during this time. 

If you’ve been injured at work and are curious about what rights you have, reach out to us at Castan & Lecca. We want to hear your story.

 

 

WHAT BENEFITS CAN I RECEIVE AFTER A WORKPLACE INJURY?

If you are injured at work, the process following the accident can be challenging, especially if you don’t know how to support yourself and your family. But you should know that you may be entitled to receive workers’ compensation if you are injured on the job.

In these work cases, your employer’s insurance company isn’t fighting for you—even if your employer is! To ensure that you can get the compensation you need to fund your recovery and cover living expenses, you should be represented by a workplace injury attorney. 

Every workers’ compensation case is different–because every worker is different and every injury is unique. Workers’ compensation law can be complex, so it’s important to have your rights represented so that you can recover without worry. 

It’s important to know that the state of Georgia has a no-fault worker’s comp system. This means that as long as your injury happened on the job or was caused by your work activities, you do not need to prove that your employer caused your injury.

At Castan & Lecca, we can represent you in your workers’ compensation case. We have the expertise, the knowledge and the resources to ensure that you can get the compensation you need during this challenging time. 

Because every workers’ compensation case can be complicated, it’s important to know the types of benefits you could be eligible to receive following an accident in the workplace. In this blog, we will cover the types of benefits employees can receive if they are injured on the job.

If you sustain a workplace injury, the workers’ compensation system is set into place so that you can cover medical and living expenses without worry. According to the Georgia State Workers’ Compensation Board, workers’ compensation is a state-run insurance program that is focused on paying workers who have been injured at work. Aside from the Georgia board, there is also the federal workers’ compensation program that the Department of Labor runs. 

 According to the state law, your employer is required to pay through this program. Benefits could include the following:

  • Medical benefits
  • Rehabilitation benefits
  • Income benefits 

All of these benefits could cover medical expenses like surgeries, procedures and therapies. Rehabilitation could include long term physical therapy you must undergo due to your injury. Income benefits are designed to cover any loss of income you might experience as a result of not being able to work. 

Workers’ compensation benefits usually are categorized in four ways:

Temporary Partial Disability

Under TPD, you can receive two-thirds of the total difference between your weekly paycheck before the accident and after the accident. According to Justia Law, the employer shall pay the employee a weekly benefit that is equivalent to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter. This should not exceed $450.00 per week for a period not exceeding 350 weeks from the date of injury.

Temporary Total Disability 

Under TTD, you can receive two-thirds of whatever your weekly paycheck was prior to your injury. The amount you receive will not exceed $675 per week, but it must be more than $50. These benefits can last for up to 400 weeks, but if your injury was critical, you may be eligible to receive further TTD compensation. Critical injuries can range from damage to the brain, spinal cord, skull, or loss of a limb or loss of speech.

Permanent Partial Disability

PPD refers to a permanent partial disability that limits you to perform specific types of work. In the state of Georgia, you can also receive PPD when you have suffered “loss of use of body members or from the partial loss of use of the employee’s body.” These benefits are calculated based on the part of the body affected and your level of impairment.

Other Benefits


Medical Treatment 

In addition to compensating for lost wages, worker’s comp will also cover all medical treatment related to the injury or illness as authorized by your doctor. All authorized bills, (including but not limited to doctor, hospital, physical therapy bills, or prescriptions) could be covered by your workers’ compensation. 

In addition to bills, necessary travel expenses if the injury or illness was caused by an accident on the job. You may also be entitled to medical and vocational rehabilitation. If your injury is catastrophic in nature, you may be entitled to lifetime medical benefits.

The number of weeks of lost wages you are eligible for depends upon the nature of your injury, but for most medical benefits, the maximum benefit period is 400 weeks.

Benefits if You Experience the Loss of a Limb

According to the state of Georgia, you will receive benefits based upon an amount set by law. For instance, if you lost an arm or leg while on the job, you will receive benefits for 225 weeks. 

If determined by a physician that you can no longer use part of your body, you may also be eligible for benefits.

Death Benefits 

In the case of accidental death, your spouse or children are typically eligible to receive death benefits. The application process, however, can be extremely difficult or even require litigation. You will want to meet with a worker’s compensation lawyer quickly to guarantee your legal rights are protected.

The Takeaway

If you’ve been injured on the job, what are your next steps? Here is our quick guide to help you start the workers’ compensation process: 

  • Report the workplace accident to your supervisor as soon as you can
  • Seek medical attention for one of your employer’s listed healthcare providers
  • Call us at Castan & Lecca for a free consultation of your case: 770-800-7000

Getting injured on the job doesn’t have to be a harrowing experience. You can secure the benefits you need so that you and your family are provided for. Call us today. We want to hear your story.

 

PRACTICE AREAS

CAR
ACCIDENT
Castan y Lecca
PERSONAL
INJURY
Castan y Lecca
DEPORTATION
DEFENSE
Castan y Lecca
VISAS &
RESIDENCY
Castan y Lecca
WORKER’S
COMP
Castan y Lecca
Previous
Next

PRACTICE AREAS

CAR
ACCIDENT
Castan y Lecca
PERSONAL
INJURY
Castan y Lecca
DEPORTATION
DEFENSE
Castan y Lecca
VISAS &
RESIDENCY
Castan y Lecca
WORKER’S
COMP
Castan y Lecca
Previous
Next
Atlanta Location:

51 Lenox Pointe NE
Atlanta, GA 30324

Norcross Location:

4131 Steve Reynolds Blvd #102
Norcross, GA 30093

Castan y Lecca Phone IconCall us: 678-825-3611
Write us
Privacy Policy
Castan, Lecca & Boeschen
© 2022 Castan, Lecca & Boeschen. All Rights Reserved.
(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
castan&lecca-iliana-bio

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
castan&lecca-ken-bio

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.