Benjamin Y. Gerber

Top rated Workers' Compensation attorney in Atlanta, Georgia

Gerber & Holder Attorneys at Law
Benjamin Y. Gerber
Gerber & Holder Attorneys at Law

Practice Areas: Workers' Compensation

Licensed in Georgia since: 2002

Education: The George Washington University Law School

Languages Spoken: English, Spanish

Selected to Super Lawyers: 2017 - 2024 Selected to Rising Stars: 2011 - 2016

Gerber & Holder Attorneys at Law

16 Lenox Pointe NE
Atlanta, GA 30324 Visit website


As an attorney at Gerber & Holder Attorneys at Law Mr. Gerber provides dedicated legal representation to injured workers in Atlanta and Athens, Georgia, and the surrounding areas. He focuses his practice on workers' compensation law.

Before receiving a Juris Doctor from The George Washington University Law School, Mr. Gerber attended the University of Georgia, where he graduated cum laude with a Bachelor of Arts in political science. During law school, Mr. Gerber interned with the United States District Court for the District of Columbia and with the U.S. Department of Justice.

Mr. Gerber understands the toll that occupational injuries and illnesses can take on workers and their families. For that reason, he strives to prepare compelling and effective claims on behalf of his clients. Mr. Gerber works closely with his clients to help guide them through the entire claims process, whether it is their initial compensation claim or they are appealing a claim denial. Having started his career defending insurance companies, Mr. Gerber understands their motivations and strategies, and he draws on this experience to help his clients obtain the compensation and benefits to which they are entitled.

In recognition of his accomplishments, Mr. Gerber has received an Avvo "Superb" rating, and he has earned a BV Distinguished* rating from Martindale-Hubbell.

Staying active in the legal community is a priority for Mr. Gerber. He serves as a junior board member with the Atlanta Volunteer Lawyers Foundation, and he is a member of the Atlanta Bar Association and the Georgia Trial Lawyers Association.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.

Other Locations to Serve You:

16 Lenox Pointe NE
Atlanta, GA 30324

337 South Milledge Ave, Ste. 209-7
Athens, GA 30605

1340 14th St
Columbus, GA 31901

Practice areas

Workers' Compensation: Claimant
  • 100% Workers' Compensation: Claimant

First Admitted: 2001, North Carolina

Professional Webpage:

Verdicts/Settlements (Case Results):
  • $65,520 Right elbow injury claim for employee whose benefits were previously suspended based on full-duty release. Benefits recommenced for 45 weeks before settlement. Elbow injury
  • $45,000 Our client sustained a ligament tear in her foot. We (Natalie Elkins) obtained authorization for three separate foot surgeries, and fought to maintain her workers’ compensation benefits while she recovered from surgery. Following her discharge from medical care, we secured a settlement of $45,000. Foot injury
  • $50,000 Tibula/fibula fracture. Bone Fractures
  • $50,000 Client injured their right shoulder at work. We fought to have the shoulder surgery recommended by the doctor authorized, and the client finally underwent the required surgery only a few months after contacting us. Shoulder injury
  • $60,000 45-yr old maintenance worker slipped on the stairs and fractured her foot. Foot injury
  • $60,000 55-yr old man sustained a superior labral tear when the forklift he was on crashed into a pallet. SLAP tear
  • $65,000 40-yr old machinist sustained a non-surgical back injury while lifting up a piece of trash from his jobsite. Back injury
  • $65,500 Woman sustained a right elbow injury at work. The insurance company suspended her income benefits based upon a full-duty work release from the insurance company’s doctor. She was unable to return to work at that time due to ongoing pain for which she needed treatment. Our team successfully fought for her to be treated by a new doctor and had her income benefits recommenced for 45 additional weeks. Elbow injury
  • $2.9 million Tom Holder represented a woman who sustained significant head and leg injuries when she drove her car into a tree. She deteriorated over the seven years of the case. Mr. Holder helped convince the insurer that this should be a catastrophic case, helped navigate the attendant care system, and was involved with transferring this brain injured client to a top residential facility. Catastrophic car accident
  • $70,000 66-yr old truck driver lost his finger while checking on the engine of his vehicle. Finger injury
  • $70,000 35-yr old construction worker injured his hand when he fell off a ladder at a construction site. He used his hand to brace himself and fractured it. Hand injury
  • $70,000 Our client was injured in a motor vehicle accident AFTER they had clocked out of work but were still on the employer’s premises. The insurance company initially denied the claim but Chris Gifford was able to get the client’s medical treatment and indemnity benefits paid after proving to them that the injury was covered under the workers’ compensation statute. Motor vehicle accident
  • $72,000 Non-surgical cervical spine and shoulder injury after previous suspension of client’s benefits. All back-owed benefits (14 weeks) were paid to client, with penalties prior to settlement. Spine injury
  • $75,000 Natalie Elkins was able to resolve a back injury case for $75,000 plus a confidential amount was placed in a Medicare Set Aside to pay for the client’s future medical treatment. The client had his benefits reduced by the insurance company before coming to us and Natalie was able to get his benefits increased to their previous level prior to resolution of the claim. Back injury
  • $75,000 The injured worker was terminated after reporting their shoulder injury and left without income. Tom Holder was able to get workers’ compensation benefits commenced and medical treatment for the injured worker. Shoulder injury
  • $77,500 30-yr old construction worker injured his foot when a scissor lift rolled over it. Foot injury
  • $79,000 35-yr old construction worker fractured his arm when a pipe he was working on became detached and struck him in the forearm. Arm injury
  • $85,000 39-yr old delivery driver sustained a head injury when a ladder fell off his truck and struck him in the head. Head injury
  • $90,000 36-yr old female sustained a herniated disk in her neck as a result of a car accident. We settled her case after she had the surgery paid for by the insurance company. Neck injury
  • $90,000 The client sustained an excruciating fractured ankle injury when they fell into a hole on the job. Beyond the settlement, Natalie Elkins was able to get additional money set aside for future medical treatment. Fractured ankle
  • $95,000 Individual sustained a low back injury following a motor vehicle accident while making a delivery. After fighting with the insurance company, the claim was accepted, and the client began receiving weekly checks and medical treatment. After receiving medical treatment, a non-surgical lumbar strain was diagnosed. Back injury
  • $95,000 51-yr old man injured his shoulder while lifting garbage. Diagnosed with a rotator cuff tear and had two surgeries to fix tear. Shoulder injury
  • $95,000+ $7,500 MSA Our client sustained a low back injury requiring surgery. We (Natalie Ekins) successfully obtained authorization for a lumbar discectomy, and secured workers’ compensation benefits for him at the maximum rate of $575 per week while he recovered from surgery. After he reached maximum medical improvement, we secured a $95,000 settlement for the client, plus an additional $7,500 for his future medical treatment. Back injury
  • $100,000 37-yr old baker herniated a disk in his back unloading bread from an oven. Back injury
  • $100,000 54-yr old mason sustained a crush injury to his foot when a concrete wall collapsed on top of him. Foot injury
  • $100,000 70-yr old man lost the use of a finger and part of his hand when his finger got caught in the saw he was using to cut a piece of wood. Finger injury
  • $100,000 Back and neck benefits awarded one year after surgery. Back/neck injury
  • $100,000 Low back injury claim was initially denied, but we were able to secure benefits regardless. Back injury
  • $100,000 Man injured his low back while on the job. The workers’ compensation insurance companied initially denied his claim, alleging no injury occurred. The man had a history of prior back injuries and treatment, but he was able to work until this injury occurred. After litigating the claim versus the insurance company, we secured a sizable settlement for the man. Back injury
  • $100,000 Ben Gerber obtained a $100,000 settlement for a client who had an arm injury. The young client sustained a severe fracture of their arm which required surgery to place pins and rods at the site of the fracture. Unfortunately, the injured worker was not able to immediately return to work and he was able to ensure that he received treatment and indemnity benefits prior to the lump sum settlement. Arm injury
  • $107,699 Woman fell and hurt her back. Initially, the company fought the claim and even threatened to sue her for defamation. We made sure the case was accepted and the woman now receives weekly checks. Back injury
  • 110,000 Our client sustained an injury to his neck as the result of a lifting incident at work. Chris successfully secured weekly income benefits at the maximum compensation rate and after the client received extensive medical treatment, he was able to procure a settlement in the amount of $110,000. Neck injury
  • $115,000 59-yr old temporary laborer fell off a scaffolding and fractured his ankle. This injury required his ankle to be fused. Ankle injury
  • $115,000 48-yr old man sustained an infection in his leg after cutting himself on the job. Leg infection
  • $117,000 Tom Holder represented a man who had a significant back injury after an auto accident. He was determined to keep working. Fortunately for him, his company went out of business so he did not have to worry about resigning when he settled his case. Back injury
  • $125,000 This client had injured his back prior to our claim and had settled that out on his own in the months leading up to this injury. The insurance company did not want to pay for this claim alleging that his current complaints of pain related to the earlier back injury. After engaging in litigation, Chris Gifford was able to procure the six figure settlement for the client. Repeat back injury
  • $140,000 Client slipped and fell, landing on his right shoulder. The same day, he went to his truck to pick up materials and fell backward off the truck, landing on his head and back. Materials also fell on top of him. Numerous Injuries
  • $150,000 Woman had numerous upper extremity problems because of years of wear and tear. She had nine surgeries. Back injury
  • $165,000 A man was in an automobile accident and suffered injuries to his brain, back, and knees. He required ongoing medical care and we were able to settle his case. The man continues to receive medical care paid for by the insurance company. Brain injury from car accident
  • $175,000 Man ruptured his left biceps and injured his left shoulder while lifting a large toolbox with his co-employees. Catastrophic injury
  • $175,000+ $91,000 MSA Man sustained a head injury. This was being challenged by the insurance carrier. Head injury
  • $175,000+ $125,000 MSA 42-yr old salesman injured when shot by assailants while working. Bullet remained lodged in lung as a result of attack. Lung injury
  • $175,000+ $105,453 MSA Man suffered a head injury and injured his right shoulder while working for a Georgia company. Head injury
  • $180,000 Man fell off a ladder while pulling items off a shelf. Back injury
  • $200,000 Truck driver severely injured his left hip, kneecap and foot when involved in a head-on collision that was caused by another driver. Catastrophic injury
  • $200,000 34-yr old man was injured when a vehicle drove off the road and struck him on the construction site he was on. He sustained a herniated disk in his back. Back injury
  • $200,000+ $150,000 MSA 56-yr old man had 2 knee operations, the 2nd of which was a total knee replacement after falling into a hole while on the job. Knee replacement
  • $215,000 Man sustained significant injuries while carrying heavy carpeting. Numerous injuries
  • $225,000 51-yr old restaurant worker slipped and fell striking his head on the ground while taking the trash out to a dumpster. Head injury
  • $238,000 Man was killed on the job. He was represented by the widow and dependent step-child. Catastrophic injury
  • $242,500+ $461,209 MSA Tom Holder represented a woman who severely injured her back, requiring two back surgeries. No efforts were made to settle her case until after surgeries and recovery were complete. Back injury
  • $275,000+ $217,920 MSA Man was injured lifting 50-pound barrels when his hands slipped and he fell. This caused extreme pain in his lower back and required two surgeries. Back injury
  • $297,000 Man’s head was partially crushed between a truck and the side of a warehouse loading dock. Head injury
  • $425,000+ $273,000 MSA Woman had significant injuries to her back and head. Numerous injuries
  • $533,000+ $99,000 MSA Our client sustained a traumatic brain injury as the result of a fall. The claim was denied by the insurance carrier asserting that the injured worker was an independent contractor. After months of aggressive litigation, Chris secured a settlement of $533,000 plus a $99,000 Medicare Set Aside. Traumatic brain injury
  • $650,000 Police officer was shot and paralyzed from the waist down. Catastrophic injury
  • $1 million+ $372,000 MSA Man sustained a closed head injury. Head injury
  • Rising Stars, Georgia Super Lawyers Magazine
  • Rated 10.0/10.0 Superb, AVVO
Educational Background:
  • University of Georgia, Bachelor's Degree in Political Science, Cum laude
Scholarly Lectures/Writings:
  • Author, Controlling Medical Treatment in a Workers' Compensation Case, Verdict: The Journal of the Georgia Trial Lawyers Association, 2014
  • Speaker, Fallen at work and can't get up--"Life Alert" guide to handling a workers comp claim, Atlanta Bar Association, 2014
Bar/Professional Activity:
  • WCCL, Member
  • Atlanta Volunteer Lawyers Foundation, Junior Board Member
  • Atlanta Bar Association, Member
  • Consumer Affairs Clinic
  • Georgia Trial Lawyers Association, Member
  • Department of Justice and the United States District Court for the District of Columbia, Internship

These comments were made by fellow attorneys during the annual nomination process.

“I can always count on looking good when I send Workers Comp cases to him since he will go above and beyond for his clients. Great guy too!”

“Ben is an excellent attorney”

“Ben is one of the best at his craft.”

Office location for Benjamin Y. Gerber

16 Lenox Pointe NE
Atlanta, GA 30324

Phone: 855-811-4248


8 Years Super Lawyers
6 Years Rising Stars
  • Super Lawyers: 2017 - 2024
  • Rising Stars: 2011 - 2016

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Top 100: Georgia Super Lawyers: 2023 - 2024

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