Ramos Law Firm Workers' Comp Blog » Injured On the Job in Georgia http://www.ramoslawblog.com Georgia Workers' Compensation, Medicare Set-Asides and Injury Trust Funds Thu, 15 Jul 2010 03:07:34 +0000 en hourly 1 http://wordpress.org/?v=3.0 Change of Condition For The Worse http://www.ramoslawblog.com/2010/07/14/change-of-condition-for-the-worse/ http://www.ramoslawblog.com/2010/07/14/change-of-condition-for-the-worse/#comments Thu, 15 Jul 2010 02:27:36 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1189 Generally, a “change in condition for the worse” is defined as a change in the injured employee’s wage earning capacity, physical condition, or status after the original “condition” was established under the law.  (O.C.G.A. § 34-9-104)  The original condition is usually the establishment of the worker’s weekly benefits or medical status.

The injured employee has the burden of demonstrating that change has occurred.  To do this, the injured worker must demonstrate that (1) her condition has changed for the worse; (2) that because of this change, she is unable to continue to work; (3) that because of this inability to work, she has either a total or partial loss of income; and (4) that the inability to work was caused by the original work injury.

A typical “change in condition” situation occurs when the employee hurt-at-work has an accepted and valid occupational injury.  She is provided weekly income benefits (temporary total disability) for a period of time, as well as medical treatment.  At some point in time, she was able to return to work for the employer.  However, after a few months, the injured employee’s physical condition worsened causing her to miss time from her work.

As you can see, the original condition was established when her claim was accepted under workers’ compensation and she was provided income and medical benefits.  After her return to work, her condition changed for the worse.  Because of this change the injured worker became unable to work which caused some loss of income.  For our purposes, we must presume that the claimant’s recent inability to work was caused by the original work accident.  Consequently, the injured employee may be entitled to a recommencement of workers’ compensation income benefits provided that a proper filing was made with the State Board.

For information, please contact Bryan Ramos at 404-355-3431 or email.

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]]> http://www.ramoslawblog.com/2010/07/14/change-of-condition-for-the-worse/feed/ 0 Workers’ Compensation statistics http://www.ramoslawblog.com/2010/06/14/workers-compensation-statistics/ http://www.ramoslawblog.com/2010/06/14/workers-compensation-statistics/#comments Tue, 15 Jun 2010 03:25:07 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1162 In 2008, The Bureau of Labor Statistics found that almost 3.7 million nonfatal injuries and illnesses occurred on the job throughout the United States.

In Georgia, the State Board of Workers’ Compensation cited that over 35,550 weekly benefit claims were made.  Over 121 thousand medical claims were made stemming from work-related accidents.  The workers’ compensation board also reported that almost $600 million dollars of weekly benefits were paid in 2007 and almost $700 million dollars were spent on medical benefits.

If you have been injured on the job, it is important that your claim be counted and proper compensation be allowed under the law.  Work place injuries may be the result of repetitive work  duties or they may arise from sudden traumatic experiences.  Proper reporting and representation are crucial in securing your claim and entitlement.  Call the Ramos Law Firm now for your free consultation (404) 355-3431.

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]]> http://www.ramoslawblog.com/2010/06/14/workers-compensation-statistics/feed/ 0 Brain Injuries and Financial Assistance for Injured Workers http://www.ramoslawblog.com/2010/03/18/brain-injuries-and-financial-assistance-for-injured-workers/ http://www.ramoslawblog.com/2010/03/18/brain-injuries-and-financial-assistance-for-injured-workers/#comments Thu, 18 Mar 2010 19:51:54 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1146 Closed head injuries occur in workers’ compensation settings every year.  The Brain Injury Association of Georgia consists of survivors, family members, professionals and friends who have been impacted by brain injuries.  This organization seeks to improve the quality of life for people living with head injuries.  If you have been a resident for one year and have suffered a traumatic brain injury, you may be eligible for a grant through the Brain and Spinal Injury Trust Fund Commission.

If you have been injured on the job and are living with the effects of a closed head or brain injury, please contact the lawyers at the Ramos Law Firm.  Our attorneys are familiar with the treatment of these injuries and the stress it places on workers and their families.  For a free consultation, please contact us at 404-355-3431 or click here.

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]]> http://www.ramoslawblog.com/2010/03/18/brain-injuries-and-financial-assistance-for-injured-workers/feed/ 0 Home Depot cutting jobs – 150 in Atlanta; what’s the impact on workers’ comp claims http://www.ramoslawblog.com/2010/03/14/home-depot-cutting-jobs-150-in-atlanta-whats-the-impact-on-workers-comp-claims/ http://www.ramoslawblog.com/2010/03/14/home-depot-cutting-jobs-150-in-atlanta-whats-the-impact-on-workers-comp-claims/#comments Sun, 14 Mar 2010 20:17:11 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1143
The Home Depot, Inc.
Image via Wikipedia

According to the Atlanta Business Chronicle, The Home Depot will be laying off 1,000 employees including 150 in Atlanta.  However, Home Depot is said to be adding 200 jobs in Atlanta in the near future.  Many of these jobs will be associated with the Retail Staffing Service Center.

As you can imagine, injuries sustained by these employees will likely be covered under the Workers’ Compensation Act in Georgia.  The injuries must arise out of and in the course of the employment at The Home Depot.  These injuries may be traumatic in nature involving a knee sprain or back herniation.  However, other injuries can be cummulative in nature such as carpal tunnel syndrome.  At the Ramos Law Firm, our attorneys have handled these type of claims and are ready to assist these workers in their return back to work.  For a free consulation, please contact the Ramos Law Firm at (404) 355-3431.

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]]> http://www.ramoslawblog.com/2010/03/14/home-depot-cutting-jobs-150-in-atlanta-whats-the-impact-on-workers-comp-claims/feed/ 0 Hearing loss at work: potential changes to acceptable levels http://www.ramoslawblog.com/2010/03/09/hearing-loss-at-work/ http://www.ramoslawblog.com/2010/03/09/hearing-loss-at-work/#comments Tue, 09 Mar 2010 12:21:41 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1139 Citing that nearly 22 million American workers are exposed to hazardous noise on a daily basis and that occupational hearing loss continues to plague industry workers, the National Hearing Conservation Association (NHCA) requested a reduction of the permissible exposure limit (PEL) for noise exposures recognized by the Occupational Safety and Health Administration (OSHA).  By adopting this reduction, the United States would be level with nearly every other country in the world.

“Nearly every other nation on earth has adopted a more protective 85 dBA exposure limit – which means that U.S. workers have a substantially greater risk of developing noise-induced hearing loss than do the workers of almost every other nation,” said Rick Neitzel, PhD, CIH, NHCA President.   “Also, workers in industries like construction, agriculture, and oil and gas drilling are currently not covered by an effective regulation, which is unacceptable, given the high levels of noise exposure associated with these industries.”

Currently, there has been discussion at the Georgia State Board of Workers’ Compensation adopting a lower hearing loss threshold.  The attorneys at the Ramos Law Firm are monitoring this development as to whether it will find its way into the 2010 legislative bill.

If you have suffered a hearing loss at work, call now for your free consultation (404) 355-3431 or contact the Ramos Law Firm via our website.

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]]> http://www.ramoslawblog.com/2010/03/09/hearing-loss-at-work/feed/ 0 Fuel Tank Company to be headquartered in Gainesville, GA http://www.ramoslawblog.com/2010/02/18/fuel-tank-company-to-be-headquartered-in-gainesville-ga/ http://www.ramoslawblog.com/2010/02/18/fuel-tank-company-to-be-headquartered-in-gainesville-ga/#comments Thu, 18 Feb 2010 17:20:23 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1127 Yazaki Corporation will create 40 new jobs as it places its North American headquarters in Gainesville, Georgia.  This company makes fuel tanks for original manufacturers.  The company will occupy a 45,000 square foot building in the Gainesville Industrial Park West.  Operations should commence in 2010.

The attorneys at the Ramos Law Firm have handled workers’ compensation claims for automotive and factory employees.  These injuries stem from carpal tunnel claims to more severe injuries involving spinal protrusions and disc herniations.  If you have been injured on the job, please do not hesitate to contact our attorneys.

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]]> http://www.ramoslawblog.com/2010/02/18/fuel-tank-company-to-be-headquartered-in-gainesville-ga/feed/ 0 An increase in housing construction may lead to an increase in Workers’ Compensation claims http://www.ramoslawblog.com/2010/02/18/an-increase-in-housing-construction-may-lead-to-an-increase-in-workers-compensation-claims/ http://www.ramoslawblog.com/2010/02/18/an-increase-in-housing-construction-may-lead-to-an-increase-in-workers-compensation-claims/#comments Thu, 18 Feb 2010 04:04:41 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1122 The Washington Post recently reported that housing construction posted a better-than-expected increase in January.  This activity is the highest level in six months.  This slump has been the worst in decades.  However, this gain provides a glimmer of hope to the industry and a return to work for Georgia’s construction workers.

At the Ramos Law Firm, we have represented many construction workers.  In many cases these workers present the highest risk of injury given the nature of the job.  Typical injuries include back pain, torn rotator cuff tears, and knee pain.  If a construction worker is injured on the job, he or she should receive immediate medical treatment.  In fact, the worker may choose a doctor from a pre-selected panel of doctors.   If the injured worker’s injury is severe enough to miss time from work, he or she would be eligible for temporary disability benefits.

For more information or if you need assistance getting the treatment you need, contact us at 404-355-3431 or click here.

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]]> http://www.ramoslawblog.com/2010/02/18/an-increase-in-housing-construction-may-lead-to-an-increase-in-workers-compensation-claims/feed/ 0 What if I am terminated because of my injury? http://www.ramoslawblog.com/2010/01/25/1118/ http://www.ramoslawblog.com/2010/01/25/1118/#comments Mon, 25 Jan 2010 12:08:10 +0000 admin http://www.ramoslawblog.com/?p=1118 Many injured workers are terminated because of their work injuries. If this occurs, the law provides relief under the Workers’ Compensation Act.  In these cases the employee may be entitled to TTD benefits to help replace his income while he continues his job search.  There are certain deadlines to be followed and it may require the filing a WC-14 Request for Hearing.  As such, the guidance of an experienced workers’ compensation attorney is advised.

According to the Georgia Department of Labor, it is indicated that the state’s unemployment rate now matches its record high.  The new figures support that the unemployment rate is 10.3 percent.  The jobless rate also increased .2 of a percent point.  Additionally, Department of Labor Commissioner Michael Thurmond stated that the Georgia workforce shrunk by 121,527.

If you have been injured on the job and were terminated because of it, please contact the Ramos Law Firm.

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]]> http://www.ramoslawblog.com/2010/01/25/1118/feed/ 0 Pilgrim’s Pride Leaves Chapter 11 Bankruptcy http://www.ramoslawblog.com/2010/01/21/pilgrim%e2%80%99s-pride-leaves-chapter-11-bankruptcy/ http://www.ramoslawblog.com/2010/01/21/pilgrim%e2%80%99s-pride-leaves-chapter-11-bankruptcy/#comments Thu, 21 Jan 2010 15:57:19 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1114 The chicken processing company, Pilgrim’s Pride Corporation, exited Chapter 11 bankruptcy in late December 2009. The company is a Texas based corporation that has many plants in Georgia.  This company spent thirteen months reorganizing itself through Chapter 11.  Additionally, Pilgrim’s Pride acquired the Atlanta based Goldkist Corporation, and announced that it would close it’s plant in Dalton, Georgia, and announce another closure in Athens, Georgia.

The attorneys at the Ramos Law Firm have represented the workers in various chicken processing plants, and they are familiar with the tactics employed by these corporations. If you have been injured on the job, please feel free to contact the Ramos Law Firm for your free consultation.

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]]> http://www.ramoslawblog.com/2010/01/21/pilgrim%e2%80%99s-pride-leaves-chapter-11-bankruptcy/feed/ 0 Workplace injuries sustained by manufacturing employees http://www.ramoslawblog.com/2010/01/09/workplace-injuries-sustained-by-manufacturing-employees/ http://www.ramoslawblog.com/2010/01/09/workplace-injuries-sustained-by-manufacturing-employees/#comments Sat, 09 Jan 2010 05:00:43 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1108 Injuries often occur in the manufacturing settings.  In December 2009, the U.S. manufacturing market expanded at the fastest pace in more than three years.  The Institute for Supply Management’s factory index rose to 55.9, the highest level since April 2006.  The stimulus-driven rebound in global demand is boosting orders that encourages producers to ramp up output and fuel a self-sustaining recovery. Workers often complain of hand and arm pain associated with carpal tunnel syndrome.  Others may experience traumatic injuries resulting in spinal herniated discs or tears in their rotator cuff.

At the Ramos Law Firm, our attorneys have represented these workers from its inception.  Please call our office for your free consultation.

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