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Practice Areas

Workers’ Compensation Defense

The Moore, Clarke, DuVall and Rodgers, P.C. law firm focuses on workers' compensation, business and commercial law, foreclosures, taxation, estate planning and other areas of business law. This Website is designed to familiarize businesses with the laws related to Georgia workers' compensation and employer rights and responsibilities. Our attorneys engage in the defense of workers' compensation litigation on behalf of businesses and provide sound legal strategies that help prepare for the best course of action. Moore, Clarke, DuVall and Rodgers' workers' compensation attorneys also have expertise in employment law. Whether our lawyers are working with entrepreneurs, publicly-traded companies, insurers, or self-insured's, the firm brings efficiency, effectiveness and experience to each client.

Moore, Clarke, DuVall & Rodgers, P.C. actively litigates workers' compensation defense claims throughout Georgia. Our locations in Albany and Valdosta, Georgia ensure efficient representation for clients throughout the Middle, Southwest and Southeast Georgia areas. The Atlanta office serves as the central locations for claims in the Atlanta metro area and throughout North Georgia. Each of these offices are staffed full time with attorneys devoting a substantial portion of their practice to workers' compensation defense.

The National Academy of Social Insurance cites workers' compensation as the third-largest source of support for injured workers (behind Medicare and Social Security). The Workers' Compensation Act requires all Georgia businesses with three or more employees (whether part-time or full-time) to maintain workers' compensation insurance. This is a no-fault insurance system designed to provide employees injured or disabled on-the-job with medical care, disability benefits and/or rehabilitation. The program also provides for the dependents of workers killed or disabled in work-related accidents. Georgia gives the employer the option to self-insure (cover the costs flowing from on-the-job injuries themselves). Whether this is a good idea depends on the business you are in and the financial state of your company.

In the majority of cases, workers' compensation laws provide a layer of protection for employers since employees are prevented from filing negligence lawsuits by the statute. The State Board of Workers' Compensation (SBWC) manages the program, and premiums are based upon your company's employee classification, payroll, and experience rating. Any employer who fails to maintain insurance, fails to comply with SBWC regulations, or intentionally falsifies information is subject to civil penalties and fines, as well as being cited for a criminal misdemeanor.
It is the employee's responsibility to report any work-related injury, and it is the employer's role to take important actions upon receiving the injury report:

  • Treat all injury reports as legitimate. While there are those who seek to defraud the system, it is prudent to treat each accident as genuine to help reduce your chances of being sued, 

  • Ensure prompt medical treatment or first aid,

  • Document the facts related to the accident and follow-up activities,

  • Respond to the injured employee by offering assistance and advising them of the benefits available.

It is in your best interests to investigate the incident to ensure that it was caused in the performance of the employee's job. If there is any doubt, this step will support your argument and prepare you for an appeal should your insurer find the accident was non work-related. If you suspect that an employee's claim is fraudulent, a qualified workers' compensation attorney can assist you in defending yourself against baseless or overstated claims. 

Workers' compensation insurance covers injuries and occupational disease which arise out of and in the course of work. Fault does not matter; employers are liable even if the employee may have contributed to the injury or illness. 

Moore, Clarke, DuVall and Rodgers, P.C. helps businesses solve their workplace problems with practical advice and legal strategies. Please contact us today at 229-888-3338 or email us at lclarke@mcdr-law.com.

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