Georgia Law Blog

Over the past few years, the State Board of Workers’ Compensation has worked diligently to execute and effectively use what is referred to as an Integrated Claims Management System, or ICMS. The system is designed for workers’ compensation law firms, insurers and others to electronically submit Board forms that were previously mailed to the Board in paper form. My Douglasville, Georgia law firm handles workers’ comp cases and, over the past few years, we have graduated and advanced ourselves to become a paperless office, a move that I believe has made us more efficient and economical. I have blogged about our success with this in the past. The movement of the State Board to a similar procedure has only furthered our file organization and case management.

It is really quite simple. For example, to file a standard WC 14 Notice of Claim, we submit it through the Board’s electronic data interchange and can instantly view the form on the particular claim’s list of filed forms. The ease of this exchange has greatly lessened the need for paper documents and the wait for mail to be delivered. Time-sensitive Motions and other related documents can be submitted and are available with just the click of the mouse. I feel that this capability has allowed my Atlanta area office to work thoroughly and quickly on our caseload and provide adequate and consistent updates to our clients.

When hurt at work, people find themselves overwhelmed and looking for answers. My office handles cases out of Douglas County, Carroll County, Paulding County, Villa Rica, and Cobb County, to name a few, and we are able to extend our help further with the help of an electronically-driven world. If you or someone you know has been injured at work, feel free to call my serious accident and work comp law office for a free consultation.

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Posted In: Workers' Compensation Information

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In my experience as a Douglasville injury lawyer, I have handled hundreds of cases where individuals have been injured in car accidents. The cause of an auto accident tells a specific story. With use of a police report, for example, my Douglas County law office is able to better understand how an auto wreck occurred and who may be at fault. There are several ways in which a car wreck can happen. In a small number of cases, it may be the fault of the vehicle itself that causes injuries. For this reason, manufacturers may recall its recently produced vehicles to correct potential safety issues on the vehicle.

For a recent example, Ford Motor Company is investigating a dangerous situation with its Ford Windstar minivan. Some consumers who have purchased the 1995-2003 model year minivans have experienced compartment fires possibly due to a faulty control switch. To date, Ford has recalled 12 million Windstars, according to the National Highway Traffic Safety Administration (NHTSA). The NHTSA website, found at http://www-odi.nhtsa.dot.gov, provides a helpful search engine for other vehicles that have recently been recalled. The list of vehicles being recalled may surprise Atlanta area drivers, but the information is helpful to maintain the safety of Georgia car owners.

If you or a loved one has been injured in an automobile accident, it is important to consult with an experienced, professional attorney. Feel free to contact my Douglasville serious injury law office for a free consultation.

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Posted In: Safety News For Georgians

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When someone is injured on the job, they may find themselves overwhelmed by the changes in their life. Work injuries are not only unexpected and painful, but can also be life-changing. If someone is hurt at work, it is important for the injured worker to seek legal advice to ensure that their rights are being protected.

In a previous post I referred to certain myths that, as a Douglasville workers’ compensation attorney, I clarify for many of my clients. One misconception that injured workers have is that they can treat with any doctor they choose in all cases. This is not correct. However, I have successfully fought against insurance companies to get my clients to better doctors in many cases.

To put it simply, injured workers are entitled to a one time change of physician in most cases if there is a validly posted Panel of Physicians. An injured worker may be entitled to new doctor if a Panel of Physicians is not posted. Many times during the course of a workers’ compensation case, the injured party wishes to obtain a second opinion about his or her on the job injury. This often happens if a serious procedure has been recommended or if the person is dissatisfied with their current physician. An injured worker is entitled to a one-time Independent Medical Evaluation with a doctor of his or her choosing if they have received weekly income benefits within the past 120 days. However, it must be noted that the insurance company is not required to authorize a change of physician just because the employee is unhappy with his or her current doctor.

If you or a loved one has been injured in a work accident or are unhappy with your workers' compensation doctor, please call my Douglasville injury law firm for a free consultation.

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Posted In: Workers' Compensation Medical Benefits

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Injuries sustained in an auto wreck caused by a drunk driver can be permanent, debilitating, and costly. I have seen this happen far too many times. The emotional and physical pain caused by a car accident such as this may never fully go away. Georgia drivers may feel a bit more at ease to know that a new DUI law passed on July 1, 2008 enforcing harsher punishments on drunk drivers. The new law carries heavier fines, strict probation, longer community service commitments, and even jail time. Also, for the first time, new DUI offenders are required to complete a drug and alcohol evaluation. The goal is to make drunk drivers pay for their actions and think twice before driving drunk again as, statistically, drunk drivers drive as many as 87 times before ever getting caught.

Even during the current increasing economic tensions, busier roads, and more stressful times, victims of car accidents must realize they can be helped professionally and courteously through the difficult process. If you or a loved one has been injured in an auto accident caused by a drunk driver, please call my Douglas County law firm for a free consultation. For more information regarding the new drunk driving law, visit Georgia’s Operation Zero Tolerance website at www.gahighwaysafety.org.

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In the years that I have worked as a workers’ compensation attorney in the Atlanta area, I have been asked several questions about workers’ compensation law and have had to debunk several myths along the way. One of the questions that has been asked is whether or not an injured worker will receive mileage reimbursement for travel expenses that relate to medical treatment for their on the job injury.

When someone is hurt at work, they may find themselves traveling quite a bit at a larger expense, especially with today’s raised gas prices, for medical appointments such as therapy visits, pain management appointments or trips to the pharmacy for prescription refills. An employee is entitled to mileage reimbursement provided by the employer. If you or a loved one has been injured on the job, it is advisable to keep a record of the trips taken that are related to the injury to have an adequate record of money spent on said trips. Currently, the mileage reimbursement is 40 cents per mile, per Board Rule 203(e). To put it simply, a worker is able to receive 40 cents for every mile traveled. Reimbursement for parking is also allowed.

My Douglasville law firm offers a free consultation to injured workers and those who have been hurt in a car wreck or truck accident. When dealing with sensitive matters such as on the job injuries and injuries due to an auto accident, it is important to consult with an experienced, professional attorney. If you or a loved one has been hurt at work or involved in a serious car accident, contact my Douglas County law office for a free consultation.

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For several months now, it seems as if those in the Atlanta area have battled at the gas pumps as the price of gas has steadily grown. This battle only increased last week as Hurricane Ike, the most recent in a several storm attack, hit the southern parts of Texas, including many of the refineries found there. Following this untimely event, some Douglas County gas stations were forced to shut down their pumps due to lack of gas and local residents have had to search numerous stations for the precious resource at an affordable price.

I was getting gas a local gas station during this time. There was a long line to get gas. Other drivers were honking at each other. A few were yelling at other drivers. Almost everybody had a look of frustration on their faces. Clearly, there was tension in the air.

Drivers need to realize that the raised tension that results from an unexpected change such as this can have potentially dangerous consequences. At all times, drivers need to exercise caution to avoid an automobile accident or truck wreck while driving amongst those who are also frantically searching for gas. It is always advisable to pay close attention and keep eyes on the road while driving to keep from being injured in a car accident. There are several “gas saving” tips available such as taking fewer trips by merging your family schedule, preserving gas by making only necessary trips, and keeping the proper air pressure in your tires. Hopefully, this will decrease frustrations on the roads and maintain a safe driving area for Douglasville, Georgia and other local cities, such as Carrollton, Hiram, and Lithia Springs.

However, if you or a loved one is injured in an auto wreck caused by someone who was not driving with caution and care, please call my Douglasville law office for a free consultation.

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Posted In: Safety News For Georgians

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I was licensed to drive at 16 like many other people. I was in a car accident shortly after getting my driver's license. However, I think this issue needs to be carefully examined. In the years that I have been a Douglasville attorney, I have represented hundreds of clients for car accident cases. Many of the clients that I have represented have been injured in an auto wreck that was caused by a young driver, often a teenage new driver. Car accidents or truck wrecks caused by teenage drivers are often due to the driver’s inexperience behind the wheel.

This week, the Insurance Institute of Highway Safety put forth their recommendation that the legal driving age of 16 should be raised to 17 or even 18. The reason behind this recommendation is that teenagers are more likely to have motor vehicle accidents than any other drivers due to their lack of experience, thus, changing the driving age requirement could help to suppress the number of auto accidents per year. On average, 4,600 teenagers die each year because of car crashes. In a recent article by the Atlanta Journal Constitution, Georgia Senator, Preston Smith, claimed that putting off the driving age may decrease the number of car accidents because people’s cognitive abilities and judgment improve with age.

A law did go into effect in 2007 entitled “Joshua’s Law” that states 16 year olds must take driver’s education courses to receive their driver’s license, or, if they choose not to take the course, they must wait until they are 17 years old to obtain a license. Since this law was passed, the number of schools that offer this type of driver’s education class has increased from 38 to 161 schools in Georgia. I strongly advise any parents reading my blog to encourage their teenage driver to participate in available driver’s education courses in school or independently. The knowledge gained from such a class will have positive affects on a new driver and increase the safety of Douglas County and possibly decrease the number of car wrecks and truck wrecks.

If you or a loved one has been injured in an accident caused by a teenage driver, please contact my office for a free consultation.

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A piece of information that may not be considered when someone has been injured in a car accident is the necessity in filing one’s medical bills with the health insurance company as soon as possible. Also, medical bills should be submitted to the automobile insurance company, if medical payments coverage is applicable. Insurance companies often have set deadlines for submission of medical bills under their respective policies. Furthermore, in the case of medical payments coverage, the auto insurer needs to be notified promptly and expenses must be incurred within 3 years from the date of the accident under O.C.G.A. 33-34-2(1).

The financial shocks resulting from a car wreck can be frustrating and devastating, especially in our current economic state. It is good piece of mind to know that your health insurer is doing its part to pay for medical bills, even if they will have to be re-paid due to their subrogation interest.

Actually, in any situation, this is very important. When a person has health insurance, whether it be an individual plan or one offered through the workplace, bills should be submitted for payment in order to avoid credit agencies from hounding you and harming your credit. . When the time comes for a case to be settled, my Atlanta area office thoroughly investigates the file and corresponds with medical providers to confirm all outstanding medical bills, as referenced in an earlier blog. Often, my clients have requested that all outstanding amounts be paid from the settlement so that nothing goes unpaid and shows up later. To provide an accurate breakdown of fees in a settlement, we must have an accurate list of what bills have already been paid by health insurance. Many health insurance companies are relatively easy to work with to see that bills are paid for an injured person.

Please contact my Douglasville law office if you or a loved one has been injured in a car accident, truck wreck, or workers' compensation accident.

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Posted In: Medical Issues & Injuries

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As I have mentioned, my Douglasville law firm handles serious injury and workers’ compensation cases. Common on-the-job injuries are back injuries, neck injuries, shoulder injuries, and knee injuries that can be treated with proper medical care. However, an alarming number of workplace accidents result in fatalities. According to the Bureau of Labor Statistics, a total of 5,488 deaths in the workplace were reported in 2007. This statistic includes transportation incidents, injuries sustained by on-duty police officers, and falls, among other accidents. Ranking at the top of the list of occupations with the highest number of fatalities per year is construction jobs. I have blogged recently about the dangerous conditions to which a construction worker is exposed.

Death benefits are regulated under Georgia Workers' Compensation law. The injured worker can receive medical benefits for his or her final illness plus burial expenses up to $7,500.00 If a worker suffers a death while working that qualifies under the law and leaves a spouse with no dependents, the sole surviving spouse can obtain $150,000.00 in income benefits. If a worker dies in an on the job injury in Georgia, their dependents can collect workers' compensation benefits, without any cap on the total recover, until the time expires under the law. The time until which a beneficiary can still collect death benefits varies, so please consult with an attorney regarding your specific situation.

Family members of a worker who has been killed on the job often wonder what they should do from a legal standpoint. In fact, I have met with and represented clients who have found themselves in this devastating position. It is important to discuss the situation with an experienced workers’ compensation attorney.

If you or someone you know has lost a family member to a fatal work accident, please contact my office for a free consultation.

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Posted In: Death Cases

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My last blog entry discussed the importance of medical records. This post discusses medical bills which can be equally challenging to obtain, understand, and redact for trial, if necessary. My Douglas County, GA law firm is here to help organize these bills for our clients to help obtain a good result and provide professional representation.

Similar to the importance of an organized set of medical records, the accompanying medical bills are essential in a serious injury case. While medical records provide a detailed description by the doctor about a patient’s treatment, the medical bills provide an ongoing tally of charges for office visits, necessary tests and procedures, surgeries, physical therapy, medical equipment, prescriptions, etc. When people visit the doctor or go to the emergency room, they often do not realize the extensiveness of charges for each provider. For example, a typical emergency room visit following a car accident or truck accident will involve the hospital bill, the emergency room physician bill, a radiology bill, and even an anesthesiology bill, if applicable. If the injured person was transported to the emergency room by ambulance, that is another charge. Each bill plays a part in the breakdown of a case, and, when settlement or trial approaches, they are also essential to have along with sets of medical records.

For a free consultation concerning your car accident or on-the-job injury, contact my office. We will work hard in moving towards a settlement in your workers’ compensation or personal injury case.

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Posted In: Medical Issues & Injuries

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A large part of the workers’ compensation and car accident cases that my Douglasville law firm handles involve the extensive medical records process. For example, when a new file is opened, my office staff reviews which medical providers the new client has seen for his or her serious injury and requests medical records, if needed. Once these records, called “Official Sets,” are received from the hospitals, orthopedic doctors, and primary physicians that our clients have treated with, my office staff summarizes each set. We try to use an organized system for reviewing, summarizing, and understanding the treatment process for each injured worker or auto accident victim. My staff is also experienced at recognizing commonly-used medical terms and procedures and they use this knowledge when reviewing a case. When a case approaches settlement, these medical records play a large role in the overall decision. It is vitally important that we be made aware of each client’s medical providers that they treated with following their automobile accident or on-the-job injury.

If you or a loved one has been injured on-the-job or in an automobile accident, call my office for a free consultation. We will take your serious injuries seriously.

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Posted In: Medical Issues & Injuries

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I have blogged on the occasion about community events and interesting information that I have uncovered about Douglas County. I try to involve myself in many community activities to help to improve the area in which I live and work. This month will jumpstart the annual September Saturdays at the Douglas County Courthouse, located on Hospital Drive which runs between Chapel Hill Road and Fairburn Road in Douglasville, Georgia. This event occurs on three Saturdays in September and incorporates booths from various vendors, scheduled movies for families and friends to enjoy, and helps to benefit the community through a canned food drive. Admission and parking is free and all are welcome. Proceeds for booth rentals go to benefit Communities in Schools of Douglas County which is an organization that focuses on keeping students in school. Saturday, September 13th is Heroes Day and will focus on the county’s appreciation for the Douglas County Fire/EMS Department, the Douglas County Sheriff’s Office, the City of Douglasville Police Department, and Douglas County E-911, to name a few.

Please visit the Douglas County website for more information: www.celebratedouglascounty.com

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