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May, 2009:

What Does a WC-104 Mean for Me and My Workers’ Comp Claim?

May 25th, 2009
by James Timmons, Jr..
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After being involved in a work-related accident, you will undoubtedly appear for medical appointments with your authorized treating physician. At some point, in most claims, prior to being released to full duty, your authorized treating physician will release you to work with light duty restrictions.  That means (more…)

Can my unborn child receive workers compensation benefits?

May 16th, 2009
by Julia Lindsey.
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Let’s imagine for a moment that an employee is injured on the job on March 25, 2003.  At that time, the employee’s wife was pregnant.  The child was born on August 5, 2003.  The injured employee dies on September 1, 2003.  Would the newborn child be entitled to dependency benefits?

Yes.  While an employer will argue that the child is not a dependent because the child was not born before the date of the employee’s accident, the law states (more…)

What can I do if my employer ignores my request for treatment authorization?

May 14th, 2009
by Julia Lindsey.
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After an employee is injured on the job, they are permitted to seek treatment with one of many authorized physicians on a panel.  In some situations, that particular authorized physician may recommend additional treatment or testing from another physician.  When this happens, (more…)

Can my personal health condition prevent me from obtaining workers compensation benefits?

May 12th, 2009
by Julia Lindsey.
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In a recent case, a court was asked to decide whether an employee’s obesity was the primary cause of a work injury which would have prevented the employee from receiving benefits.  The court announced that the determining factor was whether the employee was injured while performing an activity that was part of his/her job. If the employee was injured while on duty and working, then she is eligible for benefits.

In this case (more…)

What Happens to My Health Insurance if I Settle My Claim?

May 7th, 2009
by James Timmons, Jr..
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One of the major concerns any person has when leaving a job, either voluntarily or involuntarily, is what to do about health insurance.  If the employee had health benefits with the employer, there is continuing coverage available through COBRA.  This coverage is typically (more…)

Should I Apply for Social Security?

May 6th, 2009
by James Timmons, Jr..
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One of the questions that can be a source of great anguish is whether or not an injured employee should apply for Social Security Disability benefits.  It requires the employee to consider that he or she may never be able to return to be a productive member of the workforce.  The very thought of it can bring visions of having the stigma of being a statistic attached for life. (more…)

Does the Panel of Physicians Affect the Type of Medical Treatment I Will Receive?

May 5th, 2009
by Adriana Sola Capifali.
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Employers who are subject to the Georgia Workers’ Compensation Act are required to post a panel of physicians.  The employer’s panel of physicians consists of medical facilities or individual physicians who are authorized to render treatment to employees injured on the job.  There are three types of panels employers may elect to post: (more…)

Will my failure to wear my seat belt harm my workers comp claim?

May 4th, 2009
by Julia Lindsey.
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There are many Americans that drive commercial vehicles as part of their daily job.  Since their jobs include driving, they must face the hazards of the roads and highways.  What happens if an employee is involved in a car accident while working, and he is not wearing a seat belt at the time of the accident? Will his failure to wear his seat belt harm his workers compensation claim?

The first thing we must consider (more…)

Why Isn’t My Case Moving Along More Quickly

May 3rd, 2009
by James Timmons, Jr..
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If you have suffered a work-related injury and cannot work, you are entitled to workers’ compensation benefits. Yet when an employer/insurer denies benefits for any reason, there can certainly be some frustration while waiting for results from a claim filed with the State Board of Workers’ Compensation.  That frustration (more…)

Court of Appeals Decision: Change of Condition v. New Injury

May 2nd, 2009
by James Timmons, Jr..
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The Georgia Court of Appeals recently issued an opinion in which it clarified one of the distinctions between a new injury and a change of condition. (more…)