Once a stipulation agreement is approved by the State Board of Workers’ Compensation, the employer generally has 20 days to make the payment. The question arises, then – if a payment is mailed, when does it have to be mailed to be considered timely? (more…)
March, 2009:
Injury in Restroom Deemed Compensable
Pursuant to O.C.G.A. § 34-9-1(4), an employee’s injury may be compensable only if it is an injury “by accident arising out of and in the course of” the employee’s employment. However, even in a case in which an employee is injured during a non-scheduled break the employee’s claim still may be deemed compensable. A court has previously stated (more…)
When the Workers’ Comp Exclusive Remedy Provision does not Apply
In general, the Workers’ Compensation Act provides protection for the employers and insurers from tort actions. This protection is known as the “exclusive remedy provision.” The provision exists to protect the employers and insurers from additional exposure after being legally required to provide benefits without proof of any level of intent or negligence. This protection generally (more…)
Consideration Before Settlement
As we have discussed on our blog site on numerous occasions, the Workers’ Compensation Act provides somewhat limited remedies for people who have been injured at work. The limited nature of the remedy leads to what are sometimes surprisingly low settlement offers. Based upon these low offers, the injured worker should probably take several things into consideration before deciding to accept an offer. (more…)
Is There a Timeframe for Reporting an On-The-Job Injury?
The Georgia Workers’ Compensation Act requires an injured employee report an on-the-job accident to a supervisor or employer agent shortly after the incident. Please see O.C.G.A. § 34-9-80. The employee is required to give the Employer or its agents notice of an on-the-job accident so that the Employer can investigate the incident, and most importantly, provide the injured worker medical treatment. The injured employee will not be entitled to medical care or indemnity benefits, such as (more…)
