Georgia Law Blog

As 2008 grows closer to its end, I realize that my articles have taken several steps in many different directions. I believe that occasionally it is beneficial to go back to the basics to review and understand the ins and outs of workers’ compensation law.

O.C.G.A.§ 34-9-80 states that, “Every injured employee or his representative shall, immediately on the occurrence of any accident or as soon thereafter as practicable, give or cause to be given to the employer, his agent, representative, or foreman, or the immediate superior of the injured employee a notice of the accident.” The law goes on to detail that an employee is not entitled to any sort of compensation until notice is given. The notice may be given in person. In the event that notice is not given in person within thirty days of the injury, written notice must be given.

It is very important for injured workers to notify their employers immediately if they are injured on the job. If this is not done, the the injured worker may be disqualified from receiving compensation.

It is understandable that an employee may feel nervous to report an injury sustained at work, especially during the current economic situation in which it is necessary to maintain a stable job. However, failing to report an injury immediately is one of the biggest hurdles I see in many cases. It is essential for someone in this position to seek professional legal advice. If you or someone you know has been injured at work, contact my Douglasville, Georgia law office for a free consultation.

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Posted In: Workers' Compensation Income Benefits

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The public is invited to a free family Bar-B-Que at former Douglas County Sheriff Tommy Waldrop's farm located at the corner of Highway 78 and Post Road in Winston, GA. The event is from 2:00 p.m. to 6:00 p.m. This event is being held in support of Beau McClain who is running for Douglas County Superior Court Judge on November 4, 2008.

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Posted In: Douglasville & Douglas County Local Info.

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On October 15, 2008, the United States Secretary of Transportation announced new rules that will make school buses safer for students. The rules include requiring higher seat backs that will prevent taller children or adults from being thrown out of their seats and risking injuries to themselves and others, mandating seat belts to protect children while in their seats, and setting standards for the seat belts for different types of buses. For example, a bus weighing less than five tons will require three-point seatbelts that consist of a lap and shoulder belt. Statistically, smaller buses are more vulnerable in a crash and more damage and injuries can be caused than for a larger bus. Districts will be allowed access to federal funds to pay for belt installations, according to the report, which can be found at www.dot.gov.

This news should be welcomed by Douglasville and Atlanta residents, as our roads have become busier. As a Douglas County serious injury attorney, I realize that bus accidents are common and that measures to improve bus safety are essential in protecting Douglasville youth.

If you or someone you know has been seriously injured in an automobile accident or bus accident, please contact my Douglasville law firm for a free consultation

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Safety News For Georgians

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I have blogged in the past about the importance of medical bills and records in workers’ compensation and serious injury cases. When someone is injured at work or hurt in a car accident, the medical records track the progression of the person’s injuries, treatment, and recovery. Similarly, medical narratives are also important in a case. A medical narrative is a written report from a doctor that details the patient’s treatment, typically in a letter format. The narrative may include notes from the doctor regarding the patient’s continued care, expected recovery time-frame, and may also include the patient’s disability rating and/or limits to return to work. If a case is to go to trial, a medical narrative from a reputable doctor can help. There is usually a fee for medical narratives but they can be essential in determining the strength of a car wreck case or a work comp case.

As a Douglasville attorney, I have handled several accident cases that have been presented narratives in court. A medical narrative serves as a synopsis of a client’s medical issues and injuries. The narrative also provides a jury with a prediction of sorts for how the injured person’s future will be after an injury. While a medical narrative is not necessary or requested in all cases, it serves as a useful aid in a serious car accident case or on-the-job injury case.

My Douglas County, Georgia law office specializes in workers’ compensation and personal injury. If you or someone you know has been hurt on the job or in a car or truck wreck, please call my office for a free consultation.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Medical Issues & Injuries

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The American Physical Therapy Association (APTA) has dedicated October as National Physical Therapy Month. This nationally-recognized month began nearly thirty years ago. The goal is to educate individuals about the importance of physical therapy and inform about procedures, terms, and tips for recovery from injuries that are often the result of an untimely auto accident or a work accident.

The APTA recognizes that sometimes patients elect to try conservative forms of treatment rather than have surgery. My Douglasville law firm handles many injury cases and a vast majority of our clients undergo various physical therapy programs to treat their orthopedic injuries. Physical therapists assist patients in exercises and procedures to alleviate pain and attempt to return the patient back to his or her normal life before the injury.

If you or somebody you know has been injured in a car wreck, truck accident or on-the-job, please call my workers’ compensation and serious injury law office for a free consultation. We are conveniently located outside Atlanta, Georgia and serve several counties, including Douglas County, Cobb County, and Carroll County.

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Posted In: Medical Issues & Injuries

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A common question I am asked is the following: “If I move out of state during the course of my workers’ compensation case, what will happen?”

As an Atlanta / Douglasville workers comp attorney, I have been asked this question several times. Though there is not a definitive answer, I have advised clients in the past that, unless there are compelling reasons for an out-of-state move, it may not be advisable to move. This is due to several reasons. First, if a Claimant were to leave his or her home state, the search for a new doctor that can adequately treat his or her specific injuries becomes more difficult. For example, out-of-state doctors may be reluctant to comply with Georgia's Workers' Compensation Fee Schedule which regulates charges by medical providers. Also, the progress of a Claimant’s medical treatment may become harder to track due to proximity. We are far less likely to have professional relationships with out-of-state physicians and hospitals which may make our job of obtaining medical evidence in the way of narratives and medical records more difficult. Finally, income benefits checks can be lost in the mail if they have to travel to a new state or may take longer to get to the injured worker.

Overall, it is my experience that the case can become more difficult to handle if a claimant moves out of state. Remember, insurance companies tend to operate in other states. They have the upper-hand in learning the "lay of land" when it comes to doctors in areas outside Georgia. It is my general practice to advise those who have been injured at work to remain in their home state until the case is settled if at all possible. However, I understand that life circumstances can occur where a move is necessary.

If you or a loved one has been hurt on the job and may need to move out of state, it is important to consult with an experienced attorney to learn your rights and consequences of a potential move. Please contact my Atlanta area law firm for a free consultation.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Workers' Compensation Information

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As an workers’ compensation attorney in Douglasville, Georgia, I have encountered several cases in which a client has been fired from his or her job. While sometimes this action may be result of the injuries sustained in a work accident, oftentimes a client is terminated or quits for reasons that are not related to their injuries. For example, in our current economic downturn, more and more businesses are being forced to lay off workers. This can happen to an employee who has been hurt at work. Under many circumstances, the employee must perform a diligent job search for new work if they are still receiving weekly disability checks from their previous employer and have work restrictions in place.

My Atlanta area law firm deals with this situation often, and we try to assist search by providing the client with forms to use and guidelines to follow. The form is pretty basic: as the client is conducting his or her search, he or she can track their progress by noting who they have spoken to, interviewed with, and what became of their efforts. It is important to keep record of this information as it helps in obtaining income benefits or keeping benefits if they are already being received. It is also important that the client spend a considerable amount of time on the job search. Job searches can be performed in-person, on the telephone, or on the internet. The diligence or effort of the search is more important than the means used to look for work.

If you or someone you know has been injured on the job, it is important to consult with an experienced attorney as soon as possible. Please contact my Douglas County, GA law firm for a free consultation.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Workers' Compensation Income Benefits

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Douglas County, Georgia has grown substantially in recent years. For example, the addition of Arbor Place Mall to our area has encouraged businesses to set up shop for the growing population in Douglasville. Along with new businesses came the necessity for intersection improvements and other roadway upgrades.

Currently in Douglasville, there are numerous new traffic signals to be aware of as well as upgrades to existing signals. For example, the intersection of Chapel Hill Road near Douglas Boulevard and Arbor Place Boulevard has seen recent signal upgrades. Residents who drive this area frequently may not notice subtle changes and that kind of oversight can have dangerous consequences. Drivers need to be sure to drive with care and caution to avoid an untimely car wreck. Cobb County is also seeing new changes in construction. There is a new railroad bridge being constructed with additional sidewalks near North Church Lane. In my experience as an attorney, some of the cases I have handled over the years involve injuries sustained in an automobile collision where the at-fault driver’s failure to notice roadway changes caused an accident.

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