Georgia Law Blog

Death is a subject that most people do not want to discuss. Sometimes they don't have a choice. Every so often, I am reminded of the gravity involved when a family member dies in an on-the-job accident. I was reminded again recently as I sat in my office discussing the death of a loved one with a new client. Taking as much time as necessary to sit with potential clients during the first meeting in a serious injury or death case to get to know the person and their family is not only comforting but necessary.

Georgia's workers' compensation laws are fairly straight-forward except when it comes to income benefits. First, the workers' compensation insurer must pay for the final burial expenses, up to $7,500.00. Second, the insurance company must pay for the worker's final medical expenses. Third, certain primary and secondary beneficiaries can collect income benefits for varying periods of time. Without boring you with the legal details, the law speaks in terms of beneficiaries, not familial relationships. Many cases have been decided involving an award of income benefits to step-children, adopted children, parents, disabled adult children, and college students. It is best to speak with an attorney about these concerns. Likewise, the length of time one can collect benefits varies.

There is a cap on benefits in some cases. A surviving spouse with no dependents at the time of death can only collect up to $150,000.00. If there are no surviving beneficiaries or a spouse, the insurer must pay $10,000 to the State Board of Workers’ Compensation to be placed into a general fund of the State of Georgia. The "trick" to these cases, often, is who is a beneficiary and who is not a beneficiary. This determination can only be made after careful review of facts of the case.

One of the most frequent questions I am asked is what else can we do outside workers' compensation. As I have written previously, personal injury lawsuits against an injured or dead worker's employer or statutory employer are, at best, very difficult. Most of the time, they are impossible. So, the search goes on in cases for viable third parties to sue which can be difficult to find in many cases. In other cases, there viable third parties that can be sued. The point again is to contact an attorney as every case is different.

Our office is here to answer any questions you might have about death benefits or other workers' compensation questions in a compassionate and respectful manner. Call us for a free consultation.

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Posted In: Workers' Compensation Information

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As a workers' compensation attorney in Georgia, I have handled numerous on-the-job injury cases in which a construction worker has been involved in some sort of disabling accident while out in the field, whether it be on a job site or as a road worker. I try to stay updated on changes in the law and revisions to previous standards in work comp so that I can apply this knowledge to cases and better serve the Atlanta area.

Recently, the Occupational Safety and Health Administration (OSHA) that is responsible for developing the safe working conditions for workers by enforcing standards, procedures, training, and education to employers, issued a new letter stating that all highway and road construction workers must wear high-visibility apparel, such as reflective vests, while on the job. In 2004, OSHA initially issued a letter of interpretation that conveyed workers were only required to wear such garments when the Federal Highway Administration's Manual on Uniform Traffic Control Devices mandated their use. The current letter revises the requirement following a sobering statistic calculated in recent years: there were 425 construction zone fatalities between 2003 and 2007.

My Douglasville injury law firm offers free consultations. If you or a loved one have been hurt at work or in a serious accident, please contact us. We are located across the street from the Douglas County Courthouse and serve all of the West Georgia area, including Douglasville, Carrollton, Hiram, Dallas, Winston, Paulding County, Carroll County, Bremen, Temple, and Villa Rica.

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Posted In: Workers' Compensation Information

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I have blogged before about the most dangerous jobs and what to do if you are hurt on the job. Workplace accidents happen every day and sometimes in the most unexpected of ways. In fact, researchers have developed a Workplace Safety Index that lists the most common ways an on the job injury can occur. These most disabling injuries are based upon workers' compensation claims that have been filed, the costs associated with them, and the frequency of certain types of injuries as reported to the United States Department of Labor. Several insurance providers contributed to the data.

In 2008, the top ten most common workplace injuries were a result of the following circumstances:

1. Overexertion - Sometimes an employee may not realize the amount of work they are putting into a task and could inadvertently injure themselves in the process. Examples of overexertion include pushing, pulling, carrying or holding heavy objects, and even tossing an object that may result in an accident.

2. Fall on Same Level - While it may be unclear, this type of injury happens when an employee slips or trips if there is some sort of obstacle in the employee's way, for example.

3. Fall to Lower Level - This particular cause is more self-explanatory. An injury in this circumstance may occur if an employee has fallen from a higher area, for example, a ladder or even a roof.

4. Bodily Reaction - This type of injury happens when a worker has tripped, slipped, or fallen when there is not an object or obstacle in their path.

5. Struck by an Object - These types of injuries can be very serious. I have handled many cases in the past where someone has been hit by a falling object without any warning.

6. Struck Against Object - While also potentially unclear, this type of accident happens if an employee has accidentally run into an object in their way, perhaps a table, piece of equipment, or other item found at the workplace.

7. Highway Incident - My law office handles numerous cases where an employee has been injured on the roadways while operating a company vehicle. This presents the possibility in having both a workers' compensation claim and a personal injury case.

8. Caught In/Compressed By - Some of the most disabling accidents result from the improper use of workplace equipment due to a lack of thorough training. Also, if an employee is exposed to harsh chemicals or unsafe conditions at work, a very serious accident can occur, resulting in life-changing injuries.

9. Repetitive Motion - Many jobs require an employee to consistently repeat the same actions. For example, typing at a desk or repetitive heavy lifting. While it may not be immediately apparent, these types of daily actions can have long-term effects.

10. Assaults and Violent Acts - While more infrequent, this type of workplace injury is also possible.

While there are numerous ways that both employers and employees can prevent an on the job injury, these types of accidents are still very common. It is important to remain educated while at work so that if you are hurt on the job, you are prepared to handle the situation to the best of your ability; however, if you or someone you know have been hurt while at work, contact my Douglas County, Georgia law office for a free consultation.

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Posted In: Medical Issues & Injuries , Safety News For Georgians , Workers' Compensation Information

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Last week, I attended a workers' compensation seminar in St. Simon's Island, Georgia. The seminar, sponsored by ICLE and Workers' Compensation Law State Bar of Georgia, was attended by many work comp attorneys and hosted several activities over the three day event. Guest speakers included several judges from the State Board of Workers' Compensation in Atlanta, Georgia including Chief Judge William S. Cain, Jr., Honorable Carolyn C. Hall, and Honorable David K. Imahara, among others. Some of the topics discussed were case law updates, the basics of taking depositions, recent decisions of the appellate division, and discussions regarding catastrophic designations in workers' comp cases.

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: Our Law Firm Serving Atlanta & All of Georgia , Workers' Compensation Information

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A friend showed me this video on YouTube. This is a real safety video that workers in industrial & manufacturer settings apparently see. While it dramatizes workplace injuries, it is meant to avoid real injuries. I have handles cases involving real injuries that are depicted in this video. I can tell you first-hand that there is nothing funny or "cheesy" about these injuries when they happen in real life.

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Posted In: Workers' Compensation Information

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Pardon me while I step-up on my soapbox for a moment...

I must commend the Administrative Law Judges of Georgia's State Board of Workers' Compensation cases for their willingness to resolve disputes, sometimes at the drop of a hat. I have called-upon several ALJ's in the past to give rulings on matters during depositions. I try my best to be prudent when doing so as to not tarnish my reputation or become a tattle tale. Today was another fine example of this very thing. During a deposition, the attorney for the insurance company and I had a disagreement over questions that were being asked of my client. I simply refused to allow my client to answer certain questions. We were able to call a workers' compensation judge in Atlanta on the telephone and get a ruling about the appropriateness of the questions being asked quickly. Whether I am right or wrong in the judge's eyes, getting a decision quickly to evaluate my position and act accordingly is a good thing. I have found that many of the workers' compensation judges with whom we deal on a day-to-day basis are very approachable and willing to resolve issues quickly to keep their cases moving along. There is something to be said for a judge that will pick-up the phone and take a phone call from lawyers to resolve a dispute. I know a few Superior Court judges who will pick-up the phone to receive calls of this nature or make calls in order to get clarification or move cases along. I would like to see this type of quick problem solving used across the board. It is a good practice.

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Posted In: Workers' Compensation Information

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I have been asked about how the economy affects workers' compensation claimants in a bad economy. There are several observations that I have made, some obvious and some not so apparent.

In Douglasville, GA, where my law firm is located, there has been a virtual shut-down of construction in both residential and commercial settings. Obviously, construction workers suffer some of the most severe injuries when work accidents happen.

First, if there are fewer workers across the board, there will be fewer workers' compensation claims. This assumption could be a bit skewed a bit if, for example, disproportionately more white collar workers are out of work compared to blue collar workers. Historically, most worrkers' compensation claims are made by injured workers who work in physical labor jobs including places such as factories, construction, and manufacturing. There are also many claims by what I refer to as front line service workers such as restaurant workers and maintenance professionals. If we assume, for example, a factory closes down in a given place while office workers are not losing their jobs, it is likely that the number of workers' comp. claims will drop to a larger degree.

I also believe that the lucky people with jobs, especially good jobs, are less likely to file a workers' compensation claim for fear of losing their job. I tell clients up-front that almost all insurers and employers will insist that they resign as part of the settlement of their workers' compensation case.

I will continue a series of articles on this subject in the coming weeks.

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Posted In: Workers' Compensation Information

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I recently spent some time with a friend who ranks among the best up and coming workers' compensation defense attorneys in Georgia. While much of our conversation focused on family and things unrelated to the practice of law, we also discussed the legal profession. In the time I have been an Atlanta area workers' compensation and serious injury attorney, there has been increasing polarization between lawyers who represent injured people and lawyers who represent defendants and insurance companies. It is indeed a sad commentary on our profession.

In past decades, it was more common for injury attorneys to represent injured people, corporate defendants, and insurance companies. The landscape has changed drastically. I recently had a client ask me an interested question before hiring me. He wanted to be sure that I did not do any work for insurance companies. His impression was that a lawyer who represented both sides may not be as diligent.

Getting back to the long conversation with my fried. His observation was that his clients would not like him representing workers' compensation claimants. In fact, we safely speculated that he wold lose business from insurance companies if he decided to represent injured folks instead of exclusively representing corporations and insurance companies. I am certain that the lawyers who still represent both sides (they are few and far between) face challenges about where their loyalties lie or don't lie.

The real problem with increased polarization in the legal profession, in my opinion, is the manner in which attorneys treat each other and approach the practice of law. Increased polarization has yielded more fighting, tension, and squabbles. Often, these "side fights" occur about issues that do not significantly affect the outcome of the case. To lawyers who see this profession as a business instead of a profession, there is plenty of opportunity to use economic oppression and intimidation. While I have never sat as a judge, I can assure you that most judges do not take kindly to lawyer in-fighting over non-issues.

The public's perception of lawyers continues to erode quickly. I urge lawyers that the time to act and make positive changes is in 2009.

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Posted In: Workers' Compensation Information

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Statutes of Limitation under Georgia's workers' compensation law can be very confusing for the injured worker. I tend to dislike long disclaimers, but please hear me out when it comes to the subject of time limits under Georgia law for on the job injuries. Consult with an attorney who handles workers' compensation cases if you have questions. I am not writing this article to give you legal advice. This article is being written as a broad overview of a complex set of deadlines.

For an injured worker, filing a claim with the State Board of Workers' Compensation is essential, and there is no bright line rule for when a claim must be filed. A claim is filed by completing and filing a Form WC-14 with the State Board of Workers' Compensation. Statutes of Limitation under Georgia's workers' compensation law can vary, depending on various benefits sought, between one year and four years from certain events. Like many other areas of law, workers’ compensation has specific rules and regulations that must be followed to avoid the dismissal of a claim. Specifically, time periods must be taken into consideration when filing a claim with the Board.

Generally, Georgia has an "all issues" Statute of Limitation. The law states that the right to compensation is barred unless a claim is filed within one year of the injury. However,if medical treatment has been provided through the employer, the time-frame is different. O.C.G.A. § 34-9-82 details these limitation periods and procedures: “The right to compensation shall be barred unless a claim therefore is filed within one year after injury, except that if payment of weekly benefits has been made or remedial treatment has been furnished by the employer on account of the injury the claim may be filed within one year after the date of the last remedial treatment furnished by the employer..."

There is also a Change in Condition Statute of Limitation. For example, if an injured worker ever received weekly income benefits or if there is an Award deeming the claim compensable by the State Board of Workers' Compensation (see Footstar, Inc. v. Liberty Mutual), the time limit for obtaining additional weekly income benefits is two years from the last payment of income benefits or date of the Award. There is also a potential four-year Statute of Limitation for payment of certain Permanent Partial Disability Benefits.

It is important to note that, sometimes, there are other issues that come into play such as fictional dates of accident, the failure of an employer to properly post a Panel of Physicians that may affect a Statute of Limitations defense, and the failure of an Employer to file certain forms such as a WC-2. I will reiterate the importance in seeking the assistance of an experienced workers’ comp attorney. In my Douglasville, Georgia practice, I have received numerous phone calls from individuals who have been hurt at work and are confused about their rights. If you or someone you know has been hurt in an on the job injury and believe you may be approaching certain time limits, feel free to contact my Atlanta area law firm for a free consultation.

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Posted In: Workers' Compensation Information

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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.

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Posted In: Workers' Compensation Information

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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 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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Posted In: Workers' Compensation Information

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On August 25, 2008, I was an invited speaker at the State Board of Workers' Compensation's Annual Educational Seminar. The seminar was held at the Renaissance Waverly Hotel which is located in the Cumberland Mall area, bordering Cobb County and Fulton County The seminar was well attended as the pictures indicate. Information about the seminar can be found by clicking here

The topic of my discussion was statutory employment in the contractor setting. As I have written about before, if you work for a subcontractor and are injured, you can file a workers' compensation claim against the subcontractor, intermediate contractor, and general contractor. Moreover, if a policy of insurance has been purchased under which you are an insured employee, you are likely covered if a work accident occurs. The workers' comp. system seems many construction industry injuries as workers who perform physical work under dangerous conditions are often injured.

If you, a friend, or loved on is injured in a construction accident, please do not hesitate to call our law firm for a free consultation.

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Posted In: Workers' Compensation Information

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As a workers’ compensation attorney in Douglasville, Georgia, which is part of Metro Atlanta, I am amazed at the increasing traffic that I have seen over the years. Recently, the Douglas County Sentinel, the local newspaper for Douglas County, reported that gas prices are not affecting the city police patrols. Apparently, this has been a concern throughout many areas in Georgia and the country due to the recent raise in gas prices. It is also interesting to learn that municipalities generally pay less for gas than consumers. One Douglasville Police Officer was quoted as saying, “We will, of course, respond to calls and do preventative patrolling, but we have been encouraging officers to not leave their cars running while unattended.”

I am of the opinion that inflated gas prices have an adverse affect on workers. More importantly to my work as a Georgia lawyer who handles job injury cases, high gas prices have a highly negative affect on injured workers who are collecting temporary total disability benefits or temporary partial disability benefits after suffering a job injury. The amount of benefits in terms of weekly checks an injured worker receives does not go up based on out of control gas prices. As I have outlined in the past, the maximum temporary total disability rate for workers’ compensation benefits in Georgia is $500.00 per week. This is true whether your workers’ compensation case arose in Atlanta, Georgia, or a smaller town in Georgia such as Carrollton, Dallas, GA, or Villa Rica. An observation that I have recently found is that there is a great disparity in the amount of money it takes to live in Atlanta versus areas to the west of me. My practice as a workers’ compensation lawyer is mostly in the Atlanta area. However, I do handle cases statewide including the more rural counties west of me including Carroll County, Paulding County, and Haralson County.

I believe that the higher gas prices have an adverse impact on everybody, especially those who are commuting. In my practice, I have also provided legal representation to many over-the-road and local truck drivers who were injured in automobile accidents and truck accidents. Sometimes, the accidents are even my clients’ fault. Nevertheless, Georgia’s workers’ compensation laws generally cover accident arising out of and in the course of employment, whether or not the employee is “at fault.” Of course, there are exceptions to this rule. Unfortunately, higher gas prices have had an adverse impact on truck drivers which make-up many of my clients.

Looking forward, I cannot help but feel the rise in gas prices will adversely affect the injured workers that I represent as an attorney, whether they live in Atlanta or elsewhere, due to the fact that their budgets are already constrained by what they are paid under workers’ compensation.

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Posted In: Workers' Compensation Information

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Since the State Board of Workers' Compensation in Atlanta has not published its Annual Report lately which outlines key data for on-the-job injuries throughout Georgia, I can only assume that the number of injuries has gone up over the past few years. Between 2000 and 2006, the population of Georgia rose over 14%. The Atlanta area has seen even more growth. Douglas County, where my office is located, has grown 29.6% between 2000 and 2006. Paulding County,which borders Douglasville and includes Dallas, GA, grew an astounding 48.9% between 2000 and 2006. I have seen an increase in workers' compensation claims from job injuries in this area. Is it no wonder that job accident claims have grown with the population?

Consider these numbers in light of loss of manufacturing jobs in the United States as a whole. Many of the injured workers I represent throughout Atlanta and Douglasville were injured while working in construction and service jobs, not manufacturing jobs. Many of my readers live in other parts of Georgia. I wonder what trends you have seen in your community?

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Posted In: Workers' Compensation Information

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In my opinion, settling a personal injury case or workers' compensation case around the holidays at the end of the year should be avoided under some circumstances. It seems that in my line of practice, there is a historical rush to settle cases by the end of the year. Law firms like to start out the New Year fresh and clients want money for the holidays. However, I believe that insurance companies know this all to well.

Let me be clear. I have settled many cases during the holidays if the circumstances are right. However, I generally try to discourage clients from settling due to the financial pressures and expectations the holiday season bring. I would be remiss if I didn't point out that sometimes insurance companies are motivated to settle cases at the end of the year as they may want to clear out cases / start out fresh in the New Year or want to set reserves. I believe that some companies have put more money on the table to close-out cases. Of course, this can also happen for any number of other reasons.

Going into the upcoming holiday season, I would like to remind everyone that while settling cases may seem attractive before the end of the year, let's take a careful look at the circumstances and conduct a careful evaluation of the case before jumping in too quickly.

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Posted In: Car Accidents , Workers' Compensation Information

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On July 30, 2007, the Georgia Court of Appeals decided the case of Bibb County Board of Education v. Bembry. This case involved a workers’ compensation appeal of a school teacher in Bibb County Georgia. The Court of Appeals judges discussed the claimant’s medical treatment with several doctors. In this case, the employer and insurance company alleged that the claimant had a significant pre-existing issues. Specifically, the claimant had a herniated disc in her back prior to her fall at work. One of the doctors concluded that the client had returned to her “pre-injury base line” with “medical certainty."

The issue of pre-existing medical conditions, especially those involving the back, are prevalent in workers’ compensation cases. While Georgia Workers’ Compensation law allows claimants to recover even with a pre-existing injury, the employer is only obligated to return the injured worker to their pre-injury base line. This case emphases several important points. First, the Any Evidence Standard is alive and well in Georgia. What this means is that the State Board of Workers’ Compensation issues a decision based upon the facts of the case, their particular findings should be conclusive and binding if there is any evidence to substantiate there findings. Of course, this generally applies to the facts and not legal issues that can arise in the case. Second, the Court of Appeals rather clearly spelled out its position regarding pre-existing issues by using terms such as “pre-injury base line” “medical certainty”. Third and perhaps more importantly, the Court of Appeals noted that Georgia State Board of Workers’ Compensation is entitled to credit the injured worker's Authorized Treating Physician opinion over the opinion of a claimant’s personal physician in resolving conflicting expert medical evidence. This is important because, presumably, the same analysis might apply to allowing an Administrative Law judge to believe the opinion of an authorized treating physician over the opinions of physicians to whom the claimants is sent by the employer/insurer.

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Posted In: Georgia Workers' Compensation Case Update , Workers' Compensation Information

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In an earlier post, I discussed the basics of Georgia’s workers’ compensation.  While many of my articles are targeted to the legal community, including other lawyers, I also want to provide information to those who have suffered on the job injuries.  A good client commented recently that the blog was interesting, but suggested that I write a series of articles to help injured claimants understand the Georgia workers’ compensation laws and system. 

There are four main benefits to which an injured employee is entitled: weekly benefits, medical benefits, benefits from a permanent partial disability rating, and rehabilitation benefits in catastrophic cases.  In this post, I will discuss the various types of weekly benefits.

There are two types of weekly income replacement checks that injured workers can get: temporary total disability (TTD) benefits and temporary partial disability (TPD) benefits.  Currently, the maximum weekly amount of TTD benefits is $450.00.  The maximum time allowed to collect these benefits is 400 weeks from the date of injury.  You also have to be out of work for 7 days to be eligible for workers’ compensation and your first check is not due until 21 days after the injury.  Generally, an injured worker can collect TTD benefits if the injured worker is out of work and has not been released back to work full duty by the Authorized Treating Physician.  In other words, if the Authorized Treating Physician restricts the clamant from doing any work or puts the worker on light duty, the worker can receive TTD benefits.  You receive TTD benefits if you are totally out of work. 

Continue reading "Georgia Workers' Compensation Overview For Injured Workers" »

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Posted In: Workers' Compensation Information

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I recently ran across an interesting article in the Atlanta Business Chronicle called NASI Study: Georgia Workers' Compensation Payments Up.  Although the article, written in 2004 is somewhat dated, it paints a picture about the scope of Georgia's workers' compensation system.

In 2002, for example, workers' compensation payments were to be $1.08 billion.  Interestingly, payments for medical care and cash payments were close:  about $517 million was paid for medical care and about $566 million was paid in cash payments. 

My observations are two-fold.  First, workers' compensation payments in Georgia have dropped over the past 5 years, at least according to the State Board of Workers' Compensation Annual Report which was discussed by me in a previous post.  Second, I cannot find a newer report by the group called the National Academy of Social Insurance (NASI).  It would be interesting to see the trends for payments in the past few years according to this organization.   

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Posted In: Workers' Compensation Information

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    When clients come to see me, I give them a copy of the State Board of Workers' Compensation Employee Handbook.  I give a copy of this to everybody I see for the first time in my office.  It is filled with good information and answers to many questions.  Although it cannot replace a workers' compensation attorney, it goes a long way in addressing an injured workers' primary concerns. 
     This is a handy guide to help injured workers understand basic information about their rights and responsibilities in the workers' compensation system.  I invite everybody to read it for a general overview.

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    You cannot build a house without a strong foundation, or so the saying goes.  As I explain to my clients, an injured worker is entitled to four types of benefits in a workers' compensation case under Georgia law.  In a very broad sense, these are the basics to which an injured worker is entitled.
    First, an injured worker is entitled to income benefits.  These weekly benefits are either temporary total disability (TTD) benefits or temporary partial disability benefits (TPD).  The only difference between the two is that an injured worker gets TTD while completely out of work.  If the injured worker returns to work and earns less money because of the injury, the worker gets TPD benefits.  Currently, the maximum weekly TTD benefit is $450.00 per week.  In most cases, this is figured by calculated by averaging the injured worker's weekly pay over the 13 week period prior to the injury.  This figure, called the Average Weekly Wage, is multiplied by 2/3 to arrive at the Compensation Rate.  Example: an injured worker earned, on average, $600.00 each work over the 13 week period before the on-the-job injury.  They would get workers' compensation in the amount of $400.00 weekly, assuming they have a valid claim.
     The second type of benefit an injured worker can get is medical benefits.  The law says an injured worker is entitled to medical benefits that will effect a cure, give relief, or return the worker to suitable employment.  Technically, an injured worker is entitled to lifetime medical benefits.  The most traditional benefits include doctor care and hospitalization.  Medical benefits can also range from prescriptions to medical devices.  Medical benefits can even include paying somebody, even a fried or family member, to help care for an injured worker, typically after a surgery.  This is referred to as attendant care.  Medical benefits can even include payment for a gardener to do yard work if the doctor is willing to order it on behalf of the injured worker.
     The third type of benefit available is payment based on a  permanent partial disability (PPD) rating.  Typically, a doctor will assign a percentage rating to an injured worker based on a number of factors.  The ratings are supposed to be based upon the American Medical Association Guide to the Evaluation of Permanent Impairment, 5th Edition.  In a case I worked on earlier today, my client was assigned a 25% whole body Permanent Partial Disability rating.  This rating is used to compute the amount an injured worker will receive, based on a formula.  An important point is that the percentage ratings can vary among different doctors.  I have typically seen lower percentage ratings from doctors who are known to be friendly to the insurance companies (imagine that!). 
     Rehabilitation benefits are the fourth type of benefits.  Unfortunately, the law only allows these benefits for the most seriously injured workers who have catastrophic injuries.  Rehabilitation benefits can include  home modifications,  educational programs, and special vehicle modifications.
    Stay tuned!  In the future, I plan to post more detailed information about each of the above benefits.  I advise all clients with valid cases to hire a workers' compensation attorney (whether it is me or somebody else)  due to the complexity of workers' compensation law.  The waters of Georgia workers' compensation are choppy and, often, unpredictable.

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

Posted In: Workers' Compensation Income Benefits , Workers' Compensation Information , Workers' Compensation Medical Benefits

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The State Board of Workers' Compensation Annual Report is an interesting document published by the State Board of Workers' Compensation.  In my opinion, too many people ignore it to their detriment.  I don't know why the 2005 Annual Report is not out yet.  I keep a copy in my desk drawer for reference.  It tells us interesting information.  For example, the most common body part injured is the back at 10% of all reported injuries and 11% of all injuries reporting lost time from work.  It also tells us that claims have declined overall and insurance companies are paying less than in years past. 

The average settlement amount of a workers' compensation case in 2004, according to the report, is $25,115.08. 

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

Posted In: Workers' Compensation Information

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