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February 27, 2009
February 25, 2009
Douglasville Fire at Asphalt Refining and Technology Company (ARTC) Injures Two Workers
The Douglas County Sentinel is reporting that a fire and explosion at a Douglasville plant burned two. This incident was originally reported as by CBS News in Atlanta, GA. The fire reportedly happened at 11:20 a.m. at the old Young Refining facility near Highway 78 in Douglasville, GA. Three workers reportedly suffered burns and two were taken to area hospitals. ARTC has been in business reportedly since 2005. They make asphalt products for paving roads and roofing applications.
Our law firm represents injured workers throughout Douglasville, Atlanta, and Georgia. If you or a loved one has been injured in a work accident, we are here to help. Please call us anytime for a free and confidential consultation.
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February 19, 2009
Deadly Work Accident in Atlanta - Dekalb County Worker Dies After Falling Down Landfill Shaft
The Atlanta Journal Constitution is reporting that a man fell down a 55 foot ventilation shaft on February 7, 2009 and died at the Seminole Road Landfill. The worker was reportedly a contract worker. This horrible work accident was the second time that week that an Atlanta worker was killed underground. James Hilbish of Tuscaloosa, AL, died in what appears to be a construction accident when a trench collapsed while he worked on a sewer project near Cartersville, GA.
These tragic workers’ compensation cases illustrates the interplay of workers’ compensation law and personal injury law. As I have written about extensively in the past, many times the families in the State of Georgia will seek to file a wrongful death lawsuit arising out of a horrible work accident. It is no secret that Georgia workers’ compensation laws limit the amount of recovery in cases where workers die at work or on the jobsite. The full value of the life of decedent goes beyond the limits set-forth in workers’ compensation. It takes expertise and experience to evaluate whether third party cases can be brought outside the Exclusive Remedy Provision of workers’ compensation.
If you, a loved one, or a friend has been hurt or killed in a workers’ compensation accident in Atlanta or throughout Georgia, we may be able to help. Please feel free to call us for a free and confidential consultation.
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February 19, 2009
Georgia Law on Late Payment of Workers' Compensation Settlement Checks
Question: I was hurt at work. I have settled my case and am ready to get on with my life. When is my workers compensation settlement check due? What happens if they don't pay on-time?
Answer: Within 20 days. If the check is not paid timely, the employer/insurer owes a 20% penalty.
Explanation: As an Atlanta & Douglasville workers' compensation attorney, I have seen settlement checks paid late numerous times by insurers. This creates problems. If clients were receiving income benefit checks in the form of Temporary Total Disability benefits or Temporary Partial Disability benefits, their checks were stopped when the settlement was approved by Georgia's State Board of Workers Compensation in Atlanta. The answer is simple. Your settlement check is due within 20 days of approval by the State Board of Workers' Compensation. If it is not paid within these 20 days, a penalty attaches of 20%.
Here is an example, assume you sign your settlement paperwork on January 1st. The documents have to be returned to the Employer/Insurer, submitted to the Georiga State Board of Workers' Compensation, reviewed, and approved by the Settlement Division. Let's assume that this approval happens on January 20th. It could be shorter or longer, depending on the circumstances. Once approved, the law allows 20 days for payment of settlement funds. Also, your weekly income benefit checks will stop when the approval takes place. The final settlement check shall be paid by February 9th which is 20 days after January 20th.
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February 19, 2009
Georgia General Assembly Is In Session in Atlanta: Will There Be Changes For Georgia's Workers' Compensation Laws?
The Georgia General Assembly in assembled in Atlanta and currently in session. Each year, the Georgia House and Senate pass one or more workers’ compensation bills changing the law. My sources tell me that the overwhelming majority of time and attention in this year’s session will go toward budget problems. While the legislature is in session for a limited period of time during the beginning of each year, Georgia’s appellate courts (Georgia Supreme Court and Georgia Court of Appeals) hand-down decisions throughout the year. I make it a practice to review and comment on each new case. I also write a review of the workers’ compensation statute changes after the legislative session ends.
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February 19, 2009
I Was Hurt at Work in Georgia - - What Benefits Can I Obtain for Me & My Family?
There are three basic benefits that injured workers in Georgia’s workers’ compensation system are entitled to receive. First, you can obtain income benefits in the form of Temporary Total Disability or Temporary Partial Disablity to replace income you have lost because of your injury. Second, you are entitled to medical benefits with a physician. In some cases, you may be entitled to a physician of your choice. Third, you are entitled to a disability rating and payment based on this rating due to Permanent Partial Disability.
You may also be entitled to catastrophic rehabilitation benefits if your case qualifies. Whether you live in Douglasville, Atlanta, or anywhere in Georgia, we are here to help you and your family. If you, a loved one, or a friend has been hurt in an on the job injury or work accident, please call our law firm for a free consultation regarding your rights.
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