Jun 30th, 2009
by Bryan Ramos.
It is not surprising that the largest employer of Georgia workers is the State of Georgia itself. The State of Georgia has dozens of agencies from the State Accounting Office to the Department of Transportation. Under the workers’ compensation code, state workers are included as eligible employees for benefits should they be injured on the job.
Not unlike any other injured worker, the state employee who is injured on the job, either by a traumatic accident such as a prison guard being attacked by an inmate or by a repetitive or cumulative motion injury such as
carpal tunnel syndrome that a clerical assistant or worker at the State Personnel Office may incur, may be entitled to weekly benefits and medical treatment.
The threshold questions are (1) whether the worker was in fact an employee of the State, and (2) whether the accident arose out of and in the course of employment. The answers to both questions must be “yes.”
As another general example, should an officer with the Georgia State Patrol be injured as a result of a car accident when chasing a criminal or shot in the line of duty, the officer would be entitled to workers’ compensation benefits. Specifically, he or she would be entitled to weekly income benefits should he or she miss time from work as well as medical treatment relating to the injuries sustained in the accident. Furthermore, in the event the injured officer may need mental health counseling for depression or
post-traumatic stress, the psychiatric or psychological sessions would also be covered, provided that the officer also had physical injuries.
The state workers or employees can receive up to 400 weeks of income benefits under the law in certain circumstances. Also, the state worker would be eligible for life-time medical treatment for the injuries he or she sustained while on the job. However, the authorized treating physician must document the continued treatment was causally related to the workers’ compensation injury. Lastly, the state employee may be entitled to compensation for any permanent loss of use or impairment. The value of the permanent impairment depends on the severity of the injury, the physician’s evaluation of the loss of use, and the state worker’s compensation rate as determined by the workers’ compensation law.
If you have any questions about state workers’ rights under the Workers’ Compensation Act in Georgia, contact
Bryan Ramos at the
Ramos Law Firm.
Posted in: Benefits, Injured On the Job in Georgia, Law.
Tagged: Georgia State · Georgia's injured workers · medical exam · officer · workers' comp benefits · Workers' Compensation Act
When the Employer/Insurer “controverts” or determines a workers’ compensation claim is not compensable, the Employer/Insurer will not pay for the injured Employee’s medical treatment. Consequently, the injured Employee will be responsible for finding a physician to treat with and for payment of his or her medical bills. This determination does not Continue reading →
Posted in: Benefits, Injured On the Job in Georgia, Law.
Tagged: change of physician · lien · medical benefits · medical exam · O.C.G.A § 34-9- · panel of physicians · prescriptions · State Board of Workers' Compensation · work related injury · workers' comp benefits
Most individuals enjoy a certain level of privacy regarding their medical history. Most employees are weary about sharing intimate details about their medical history with the employer/insurer; however, pursuant to O.C.G.A. 34-9-207, the employer/insurer may be entitled to this information.
In a Georgia workers’ compensation claim Continue reading →
Posted in: Benefits, Injured On the Job in Georgia, Law.
Tagged: change of physician · FCE · Georgia's injured workers · medical appointment · medical exam · MMI · O.C.G.A § 34-9- · permanent partial disability benefits · physicians · work related injury · workers' comp benefits
Jun 23rd, 2009
by Bryan Ramos.
A common question that the Atlanta attorneys of the Ramos Law Firm are asked is “how much is my case worth?” While there is no amount of money that could fully compensate an injured worker for the pain and heartache she experiences, the Georgia Workers’ Compensation Act provides a framework to consider.
First, it is important to consider the injured workers’ Continue reading →
Posted in: Benefits, Injured On the Job in Georgia, Settlements.
Tagged: attorney representation · Benefits · Georgia workers' compensation · MMI · permanent partial disability benefits · PPD · workers' comp law · workers' comp settlement · Workers' Compensation Act
Jun 22nd, 2009
by Bryan Ramos.
As the injured worker is not entitled to a jury trial, she is entitled to an evidentiary hearing before an administrative law judge (ALJ). The hearing is also known as a bench trial. It is also known as the ” employee’s day in court”.
At the hearing, the judge will generally request information from the parties of the pending case. During this time Continue reading →
Posted in: Injured On the Job in Georgia, Law.
Tagged: attorneys · deposition · discovery · Georgia workers' compensation · Georgia's injured workers · hearing
In our Georgia workers’ compensation practice, injured workers often ask, “when is the right time to settle my workers’ compensation claim?” As the workers’ compensation scheme pays for medical treatment, it is often recommended that you Continue reading →
Posted in: Injured On the Job in Georgia, Settlements.
Tagged: FCE · IME · income benefits · medical benefits · MMI · State Board of Workers' Compensation · workers' comp settlement
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