Albers Law Firm
Questions everyone should ask:
Do I have a case?
How do I know if I need to hire a lawyer?
If I talk to a lawyer, aren't they going to tell me I need to hire them?
How is your firm different from other firms that handle injury cases?
Will I actually get to meet with my attorney?
What if I can't make it to your offices?
Is there any charge for talking to an attorney?
Questions about personal injury cases:
What is a Personal Injury case?
Can you guarantee me a certain recovery?
Will my case have to go to court?
How long will it take my case to be resolved?
How long do I have to file a claim?
Is a truck accident the same as a car accident?
What if a family member dies as the result of an on-the-job injury?
Questions about Workers' Compensation:
I have been injured on the job. What should I do now?
I am not happy with the doctor that my employer sent me to. Can I change to my own doctor?
How long can I receive Workers' Compensation benefits?
My doctor gave me a permanent disability rating. What does this mean?
The insurance company has told me that they are denying my claim. What do I do now?
The insurance adjuster is offering me a settlement. What should I settle for?
What happens once I agree to settle my case?
I was fired. Can I still get benefits?
Does my injury qualify as a catastrophic injury?
Disability Social Security questions:
What is the difference between SSI and Social Security Disability?
How do I start a Social Security Disability claim?
At what step do I need an attorney?
How long does it take to get my disability?
What is a “Personal Injury” case?
Any case that involves you being injured due to the fault (negligence) of someone else. These cases include, among others, car wrecks, slip and falls, dog bites, tractor trailer wrecks and faulty (defective) products. If you aren’t sure if your case is a personal injury case, contact us and we’ll tell you. It costs you nothing to inquire.
How do I know if I need to hire a lawyer?
Because every case is different, it is not possible to give you a quick test to determine if you need a lawyer. Talking to one of our lawyers costs nothing. We believe that in order to tell you whether, in our opinion, you will benefit from having us work on your case, you need to talk to one of our lawyers about the specifics of your case.
If I talk to a lawyer, aren't they going to tell me I need to hire them?
Maybe not.
At Albers Law Frim, we do not run a practice where we take every case that calls in. We look hard at cases to see if we believe that there is a good faith basis for bringing a case and injuries that are significant enough to merit the substantial time we invest in every case we take. Most importantly we look at whether at the end of the case we believe that our work will make a positive difference in your recovery, because if you aren't pleased, we aren't pleased.
Do I have a case?
We can't tell you that until we talk to you. While we may decide that your case is not one we can help you with, we think it is necessary to talk to you in order to make that decision. If in doubt, call. It costs you nothing.
Can you guarantee me a certain recovery?
No, lawyers cannot guarantee results. We do have many years of experience handling injury cases and, once we have the evidence necessary to value your case, we will tell you our opinion about its value. We will answer any questions you have and tell you how we arrived at that value. We always remember that it is your case, not ours, and we want you to be informed.
Will my case have to go to court?
Contrary to what you hear on television and read in the newspapers about our courts being clogged with personal injury suits, most cases settle. We make a good faith effort to settle cases, but if the other side isn't willing to pay a fair amount on your claim, we will file suit. Even after suit is filed, most cases still settle. If your case has to be tried, we will work with you to make sure you are prepared for that process.
How is your firm different from other firms that handle injury cases?
C.C. Perkins started Perkins Laws Firm in 1952 to work for the common man. We have never forgotten the principles on which this firm was built: integrity and hard work. In the 1980's we chose to limit our areas of practice to three: personal injury, social security disability and worker's compensation. Since then we have handled these cases exclusively. We believe that focusing our time on these areas allows us to be more effective advocates for our clients. We do not work for insurance companies or corporations, only people.
How long will it take my case to be resolved?
Because every case is different, it's impossible to accurately answer that question up front. We are very thorough in how we handle cases, because you only get one recovery. If your case settles too quickly, and you discover you have additional or more severe problems than you thought, and you've already settled, you cannot go back for more. We make every effort to handle your case as quickly as we can without jeopardizing your recovery.
Will I actually get to meet with my lawyer?
Absolutely. While Albers Law Frim has wonderful, competent people who assist our attorneys on your case, you will have one attorney who is responsible for your case. Many times our paralegals can answer your questions, but if you need to speak to your attorney, you may.
What if I can't make it into your office?
It is important to our attorneys that their initial meeting with you be face to face, if at all possible. If you are unable to come to us, we are happy to discuss coming to you.
How long do I have to file a claim?
Most personal injury cases have a two year statute of limitations; however, there are exceptions. Once your statute of limitations has run, you lose the right to pursue your case. Because this is such an important issue, you need to talk to an attorney to determine the statute of limitations that applies to your particular circumstances.
I have been injured on the job. What should I do now?
When you are first injured on the job, it is important to report your injury to your supervisor and fill out an accident report. If you do not report your injury to your supervisor, you may lose your right to receive Workers' Compensation benefits. Even if you did not immediately report your injury, do not just take the employer or insurance company's word that you will lose. We may still be able to win your case. There are many exceptions to the rules and a good lawyer can often find the exceptions that turn a losing case into a winning one.
I am not happy with the doctor that my employer sent me to? Can I change to my own doctor?
You can almost always change doctors. You may be limited to choosing from the employer's list. However many times, you can choose any doctor, even though they are not on the employer's list. The employer can limit your choices to their list, but only if they have done all the things that the law requires, such as posting and explaining their list. Most of the time a good lawyer can find something that the employer has not done correctly and this means you can choose your own doctor. Please contact us so that we can help you determine what rights you have to change doctors.
How long can I receive Workers' Compensation benefits?
There are several limits on how long you can receive Workers' Compensation benefits in Georgia. For example, your benefits may be suspended when an employer files a Form WC-240 offering suitable work. If your employer files a form WC-104, your benefits may be reduced one year after your doctor releases you to return to work with restrictions. Your benefits may stop 350 weeks or 400 weeks after your injury if your claim is not declared catastrophic. But all these limits may not be enforced against you if the employer has not correctly performed all the technicalities that the law requires. A good attorney can usually find errors that the employer has made and can thus prevent the employer from stopping your benefits before they should. Please contact us so that we can provide you with more information.
The insurance company sent me a Workers' Compensation form and then they stopped my Workers' Compensation check. Can they do this?
There are certain circumstances where the insurance company is allowed to stop your check without going to court. However, the insurance company must follow the proper procedures in doing so. If the procedures are not properly followed, you may be entitled to get your check restarted. Even if the procedures are followed properly, you still will be entitled to have your case heard by a judge. There are time limits for requesting a hearing in front of a judge when your check has been stopped. Please be sure to take action so that these time limits will not prevent you from getting the benefits to which you are entitled.
The insurance company sent me a form saying my doctor has said that I could go back to work light duty. Even though I have not gone back to work, they have reduced my Workers' Compensation check. Can they do this?
In some circumstances, the insurance company is allowed to reduce your check without going to court. However, the insurance company must follow the proper procedures in doing so. If the procedures are not properly followed, you may be entitled to get your check increased. Even if the procedures are followed properly, you still will be entitled to have your case heard by a judge.
The insurance company will not approve some medical treatments that my doctor says I need. What should I do?
The Workers' Compensation Insurance company is responsible for paying for reasonable and necessary medical treatment for your injury at work. However, sometimes the doctor may not provide the medical treatment until the insurance company agrees to pay for it. If this happens, you can be stuck without getting the treatment that you need to get better. There are steps that can be taken to get the treatment done such as going to court and getting a judge to make the insurance company pay for treatment. The best choice about how to get the treatment approved depends on the facts of your particular case. Please call us if you would like to discuss how to get treatment approved in your case.
I had back problems before but I got hurt at work and it made them worse. Can I file a Workers’ Compensation claim?
The Workers’ Compensation laws in each state are different. In Georgia, a previous injury or condition usually does not prevent you from recovering Workers’ Compensation benefits as long as an injury on the job or your day to day work made a preexisting condition worse.
The insurance company has told me that they are denying my claim. What can I do now?
Even if the insurance company denies your claim, you have a right to request a hearing through the State Board of Workers' Compensation in Georgia. If a judge determines that you were injured on the job, he can issue an award in your favor and order the insurance company to pay you benefits. Three attorneys in our firm limit their practice to Workers' Compensation cases and routinely handle hearings with judges from the State Board of Workers' Compensation. Please contact us if you would like to find out more information about what we can do in your case.
I was injured and my doctor has me out of work. When will I start receiving Workers' Compensation benefits?
Once your doctor has taken you out of work, the law in Georgia gives your employer twenty-one (21) days to make a decision about whether they will accept your claim and start paying benefits. If your employer does not comply with this law and start paying benefits, you may be entitled to penalties. You may also be entitled to having the insurance company pay your attorney's fees if you have to hire an attorney. If the insurance company is not complying with the law in your case, please contact us to find out what we may be able to do for you.
I am back at work after my injury on a light duty job but my employer is asking me to do things that my doctor says I should not be doing. What should I do?
Do not quit. Do not get upset and do something that gives the employer a reason to fire you. Call an attorney as soon as possible because the decisions you make and actions you take will determine whether you win or lose your case. If the employer is not following the doctor’s restrictions, then you can refuse the unsuitable work and still receive your workers’ compensation benefit. However, the employer will often claim that the work was within the doctor’s restrictions. It can be hard to prove to a judge that the work was not within the doctor’s restrictions. An attorney can make sure that you have the evidence you need to prove your case.
The insurance adjuster is offering me a settlement. What should I settle for?
Be very careful about settlement. The amount that you should settle your Workers’ Compensation case for is a difficult question that involves consideration of many different factors. It is easy for someone who is not familiar with worker’s compensation to overlook many of these factors and settle their case for much less than it is really worth. We use a complex formula in an Excel spreadsheet to estimate the reasonable value of your claim. Some of these factors include your future medical treatment, the amount of time you will be out of work, and the amount of permanent impairment or disability that you experience as a result of your injury.
What happens once I agree to settle my case?
If you decide to settle your case and your settlement is approved by the State Board of Workers’ Compensation, your Workers’ Compensation case will be over. If you require additional medical treatment after your settlement, you will probably have to pay for it out of your own pocket. We would be happy to discuss settlement of your case with you if you wish to contact us.
Can I afford an attorney?
Yes. We handle Workers' Compensation cases with no up front cost. Your consultation is free and you only pay us if we recover something for you. We work for a percentage of what we recover for you. If we settle your case for you or our work leads to you getting weekly benefits, we may be entitled to twenty-five percent of what we have recovered for you. Any attorney's fee in a Workers' Compensation case has to be approved by the State Board of Workers' Compensation.
Is there any charge for talking to an attorney?
No. We will be glad to talk to you on the phone or in person at no charge. You owe us nothing until you hire us by signing a contract. Even then, you only pay us out of the money we recover for you.
I was fired. Can I still get benefits?
Being fired never stops you from getting medical treatment paid by the insurer. Most of the time, being fired will not stop you from getting paid for being out of work after you are fired. You may have to do a job search to prove to the judge that you cannot find other work If you are still on restricted duty and can prove that you were fired for reasons related to your job injury, then you are entitled to disability without doing a job search. Our firm handled the Georgia Supreme Court case that made this exception to the job search rule (Padgett v. Waffle House).
What is the difference between SSI and Social Security Disability?
SSI is Supplemental Security Income. If you are determined disabled, even if you have not worked and paid into social Security, you may be entitled to SSI benefits. If you are entitled to SSI, you may also receive Medicaid. If you have worked and paid into Social Security, you may qualify for Social Security Disability benefits. If you qualify for Social Security Disability, you may also receive Medicare benefits. You may be able to apply for and receive benefits under both SSI and Social Security Disability.
How do I start a Social Security Disability claim?
Call your local Social Security office and they will either make an appointment for you to come in to their office or conduct a phone interview.
At what step do I need an attorney?
You can hire an attorney at any point or you can handle your case through all steps by yourself. If your initial application for benefits is denied, you have 60 days to file for reconsideration. You file this with your local Social Security office. If your reconsideration is denied, you have a right to go to a hearing with an administrative law judge. It is the hearing stage when most people decide to hire a lawyer. It costs nothing to call and discuss your case with us at any stage.
How much will I draw?
It is impossible to tell you how much you might draw if you are approved for benefits. This depends on what type of benefits you qualify for (Social Security Disability or SSI) and, if you qualify for Social Security Disability, how much you have paid in. The Social Security Administration makes the determination what your benefits will be once your claim is approved.
How long does it take to get my disability?
No one can honestly answer that. The time that your claim takes to be decided depends on many factors, including whether you are sent for examinations by Social Security doctors; whether you have to go to a hearing; and, Social Security’s workload. We try to stay on top of the status of your claim and do what we can to have it handled as quickly as possible.
When can I get Medicare?
If you qualify for Social Security Disability, 25 months after you are entitled to benefits, you become eligible for Medicare.
When can I get Medicaid?
If you qualify for SSI, you are eligible for Medicaid for every month that you remain qualified for SSI. Medicaid benefits begin when your SSI benefits begin. there is no waiting period as there is for Medicare.
Does my injury qualify as a catastrophic injury?
The most serious injuries are classified catastrophic under Georgia Workers’ Compensation Law. If your injury is catastrophic, you may be eligible to receive vocational rehabilitation services and lifetime income benefits. Rehabilitation services may include things such as: vehicle modifications, assistance with daily living chores and housing modifications.
Insurance companies will often fight hard to prevent an injury from becoming classified as catastrophic. So it is important to have a law firm that has experience with these matters, such as Albers Law Frim. Normally, several additional steps must be taken before a case may be deemed catastrophic: Doctors must be questioned, witnesses may be called and expert witnesses may be consulted. If you are wondering if your injury qualifies, call Albers Law Frim at 770-834-2083 or send us an email. It costs nothing to find out.
What if a family member dies as the result of an on-the-job injury?
Georgia Workers’ Compensation law allows the dependents of a worker to collect benefits in case of the death of a worker. But often there may be other responsible parties. Usually, workers are killed as the result of vehicle and equipment accidents, or construction site accidents. It’s very important to consult with a Workers’ Compensation law specialist to ensure that family members get all the benefits they are entitled to receive.
Is a truck accident the same as a car accident?
Often, the answer is: “No”. From a legal perspective, an accident with a commercial truck can be far more serious and complicated than an accident with a personal passenger car. There are major differences in how these cases are handled so it is important that you retain an attorney who has experience with accidents of this nature. Many trucking firms and insurance companies investigate these accidents quickly to determine any facts which may limit their liability. Time is usually important, as individuals involved in commercial truck accidents may be at a disadvantage if they are unable to conduct an accident investigation soon after the accident occurs. It is in your best interest to call a legal specialist quickly.
My doctor gave me a permanent partial disability (PPD) rating. What does this mean?
Is my case over? A permanent partial disability rating is a rating given by your doctor to qualify the percentage of permanent impairment to your body as a result of your work injury. Georgia law currently requires the use of a book published by the American Medical Association to determine this rating. The rating may entitle you to additional Workers' Compensation benefits now or in the future. On occasion, we have had doctors give too low a rating but have been successful in getting the rating corrected. If you have more questions about your permanent partial disability rating, please call us.
Do I have to settle my case?
No. You are never required to settle your Workers' Compensation case. Your employer cannot make you settle. The insurance company cannot make you settle. When one of our clients wants to know about settlement, we always discuss the positives and negatives of settlement after doing a detailed settlement evaluation. While we give our clients advice about settlement, we do not make them settle. If you have more questions about settlement, please call us at (770) 214-8885 or send us an e-mail.