Blog - Page 7

Workers have basic rights. Employers must provide certain things to and for their employees. For one, employers must compensate employees for their work. Employers must pay for a job performed, and many workers receive perks in addition to their paycheck.  Occupational Safety and Health Administration (OSHA) also notes that you are entitled to a safe …

An Atlanta firefighter was injured on November 28 when a piece of roofing material struck him in the leg while fighting an office fire. This injury is a reminder of the dangerous jobs that firefighters perform and illustrates one of the many hazards they face. It also serves as an example to illustrate the relationship …

In Georgia one of the only legal grounds for denial of a workers’ compensation claim is that the injured worker was intoxicated and that intoxication caused the injury. Because of the increased actuarial risks of intoxicated workers, the state has established a Drug Free Workplace program.  This program sets rules for maintaining a drug free …

When you sustain injuries on the job or develop an occupational illness, you are generally entitled to certain benefits through your employer’s workers’ compensation insurance company. In order for your benefits to kick in, you will need to file a claim with the Georgia State Board of Workers’ Compensation (SBWC). Before filing your claim, it …

A 42-year-old man performing maintenance work on a machine at a plant owned by Apache Mills, Inc. was injured when his hand was punctured and “injected with fluid from a leaking hydraulic line” according to an OSHA News Release. The injury required treatment in the form of a surgical shunt to drain the man’s left …

A welder was trapped in a piece of equipment at an asphalt plant in Waycross, Georgia in August. Based on the earliest reports, all that was known is that the 35 year old worker was cutting a piece of metal when safety equipment that was in place failed and he was trapped in a piece …

As a majority of workers throughout the country enjoy the day off on Thanksgiving, it is a good idea to keep in mind that not everyone gets the day off. There are a great many services that people rely on during the holidays without even thinking about it that require some people to sacrifice being …

Workers’ Compensation FAQs Can You Go on Vacation While on Workers’ Compensation?What Kind of Deductions Can Be Taken from My Workers’ Compensation Settlement?What if My Employer Refuses to Report My Injury?How to Document a Workers’ Compensation InjuryDo I Have to Pay Taxes on a Workers’ Compensation Payout?Can You Submit a Workers’ Compensation Claim After Leaving …

If you receive workers’ compensation benefits and your employer offers vocational rehabilitation services, you must cooperate and utilize the services or risk catastrophic injury benefits. One of the first objectives of vocational rehabilitation is to assess the worker for aptitudes and abilities and attempt to identify suitable employment options. Vocational evaluations can provide helpful insight for …

Under Georgia workers’ compensation law, when Atlanta workers sustain injuries on the job, they are entitled to medical and income benefits. The amount and duration of the benefits depend on the type and degree of disability the injury caused. For catastrophic injuries, there is no cap on the duration a worker can receive benefits. When …

Surveillance is a tool employers/insurers sometimes use in Georgia workers’ compensation cases. An insurer might hire a private investigator to conduct surveillance on you, essentially hoping to catch you in the act of doing something your doctor has advised against or a limitation you said you had. If they do collect photos or videos of …

Workers’ compensation benefits include medical coverage for workers who’ve sustained a workplace injury or illness. In order for the employer’s workers’ compensation insurance to cover the injured worker’s medical expenses and pay disability benefits, the injury must be the result of a work accident or related to work. Establishing causation in Georgia workers’ compensation cases …

If your workers’ compensation claim cannot be resolved amicably or has been wrongly denied, you or your attorney can request a hearing with the Administrative Law Judge (ALJ). The judge will hear both sides of the case, review all submitted evidence and make a determination (decision) about the claim. If the claim is approved, the ALJ will issue …

Workers’ compensation witnesses in Atlanta can be extremely instrumental in proving an employee’s claim. Depositions and testimony from witnesses can be submitted to the State Board of Workers’ Compensation during a hearing with the Administrative Law Judge (ALJ). If you are filing a workers’ compensation claim, you will want to speak with a work injury attorney if …

If your workers’ compensation claim is scheduled for a hearing with an Administrative Law Judge (ALJ), you and your attorney will have to meet Georgia’s workers’ compensation medical record requirements. You must gather and prepare sufficient evidence to support your claim. The ALJ will listen to both sides of the story at the hearing and give each side …

If your workers’ compensation claim is denied bv your employer’s insurer, you’ll want to request a hearing with the State Board of Workers’ Compensation (SBWC). A workers’ compensation hearing is akin to a trial in a Georgia court. At the hearing, the case will be heard by an Administrative Law Judge (ALJ), per Georgia workers’ compensation …

If your workers’ compensation claim has been wrongly denied or you cannot reach a fair settlement with your employer, you will have the opportunity to request a workers’ compensation hearing in Atlanta with an Administrative Law Judge (ALJ). These hearings are referred to as evidentiary hearings. The State Board of Workers’ Compensation (SBWC) will not schedule …

If you disagree with your settlement terms, a medical decision, rehabilitation issues, or other aspects of your workers’ compensation case, one option for resolving the differences of opinion is through mediation.  Here are a few things you might want to know about workers’ compensation mediation in Georgia. Issues You Can Mediate With the Georgia State …

There are two types of workers’ compensation settlements in Georgia, and careful consideration must be taken before opting for one kind or the other. Before signing any documentation or making any formal agreement with your employer or the insurer, you’d benefit from consulting with an Atlanta workers’ compensation attorney. Two Types of Workers’ Comp Settlements The two …

Workers’ Compensation FAQs Can You Go on Vacation While on Workers’ Compensation?What Kind of Deductions Can Be Taken from My Workers’ Compensation Settlement?What if My Employer Refuses to Report My Injury?How to Document a Workers’ Compensation InjuryDo I Have to Pay Taxes on a Workers’ Compensation Payout?Can You Submit a Workers’ Compensation Claim After Leaving …

If and when you receive a medical release to return to work after a work injury in Atlanta, your workers’ compensation benefits will be adjusted accordingly. They may be reduced if you’re released to light duty, or they may stop if you’re released to full duty. Released to Light Duty If your physician determines that you can …

When you are injured on the job and qualify for workers’ compensation benefits, you will receive a weekly income replacement check. Georgia’s workers’ compensation calculator uses an average of your pre-injury income to determine your benefit amount. Injured workers receive two-thirds of their average weekly wage. There are some types of situations in which this …

When you have been injured on the job and require medical care, you are eligible for mileage reimbursement under Georgia workers’ compensation laws. This should help you pay for your care-related transportation expenses. Your employer’s insurer should reimburse you for expenses such as your fuel for trips to your authorized doctor, Independent Medical Exams (IME) …

Injured employees have a right to change their Atlanta workers’ compensation doctor one time throughout the course of their claim without the approval of the State Board of Workers’ Compensation. This holds true for cases in which the employee’s initial doctor was selected from the employer’s panel of physicians, as well as when the employer …

An injured worker is entitled to medical treatment for his on-the-job injury, but he must obtain his care from an employer-authorized physician. Under O.C.G.A 34-9-201, employers are required to have a valid list of approved doctors (referred to as a “panel of physicians”) posted in a prominent place from which injured employees must select a work-injury doctor. …

Our firm frequently receives calls from injured workers who want to file for workers’ compensation in Atlanta, but who are extremely apprehensive about employer retaliation. They fear that they’ll get fired if they file a claim or report their injuries. We have witnessed workers whose employers gave them light duty after their injury, but slowly moved them …