What happens when an employee is hurt on the job, comes back, but then goes back out because of the work injury? The problem that presents is itself is whether the reason for the disability is a “change of condition” of the previous injury or a “fictional new date of accident”. The distinction can be confusing and may have an impact on whether the employee has a statute of limitation problem. (more…)
Injured On the Job in Georgia
If I had a beer shortly before my work injury, am I barred from receiving workers’ compensation benefits?
Generally, no compensation is allowed for an injury or death due to an employee’s “willful misconduct.” O.C.G.A. §34-9-17. Moreover, if the injury or death of the employee is due to (more…)
Messing up my workers’ compensation case
Recently, I had a Piedmont Hospital employee ask me how most clients “mess up” their workers’ compensation case. After some thought, I advised her that the most common issue clients have is not (more…)
Cagle’s to Close Pine Mountain Facility
Poultry workers employed at Cagle’s may be faced with added problems as Cagle’s will eliminate 300 positions at its Pine Mountain Valley, Georgia facility. It is uncertain if these (more…)
Hearing loss due to job duties
In situations where an employee becomes deaf or suffers an occupational hearing loss, recovery under the workers’ compensation act can be tough. The statute governing such claims are very technical. For example, an employee (more…)
Delta Employee Injured on Job
In the past, our firm has represented employees who worked for Delta Airlines who injured themselves on the job. Some employees injured themselves lifting luggage or baggage, while another (more…)
Is the employer required to provide medical treatment because of a workers’ compensation injury?
Yes, the Workers’ Compensation Act provides that “Employer/Insurer shall furnish the employee entitled to benefits under this chapter such medical, surgical, and hospital care and other treatment, items and services which are prescribed by a licensed physician . . . reasonably required and appear likely to effectuate a cure, give relief, or restore the employee to suitable employment.” In other words, the Employer and the insurance company are responsible for the reasonable medical treatment related to the work accident.
Board Rule 200(a)(1) further explains that the: “Employer/Insurer have a duty to provide all reasonable and necessary medical treatment in a timely manner and to give appropriate assistance in contacting medical providers when necessary.” Similarly, the Employer and Insurance company must approve and authorize this treatment without significant delay.
In our experience, many injured workers fall victim to delays and denials of medical treatment as they are not properly trained on what to ask for or what to do. Medical treatment is crucial to properly heal from the work accident. If you have suffered a work related accident and you are unable to get medical care, we recommend you call us at 404-355-3431 to assist you.
Back injury cases
An injury to an employee’s back or neck can happen suddenly, or over time. For example, many back injuries suddenly occur such as lifting heavy boxes of paper, beverages, or construction material. This immediate pain is also accompanied by a limited range of motion and missed time from work. In these situations, the injured employee may have suffered a herniated disk that may require surgery or aggressive therapy.
Alternatively, workers may have gradual injuries analogous to the proverbial “straw that broke the camel back” These injuries may take time to manifests itself or become “symptomatic”. The question will be whether the employee’s job duties caused or contributed to the employee requiring medical treatment or missing time from work. This analysis will be fact sensitive and may be a question for the treating doctor.
Regardless of whether the on-the-job back or neck injury was “traumatic” or “gradual”, the injured worker is entitled to medical treatment, and in some instances, income benefits.
If you have injured your back at work and would like a free consultation as to your workers’ compensation rights, please contact the Ramos Law Firm.
The business of work injuries
On the job injuries are becoming more common as injuries include claims for carpal tunnel syndrome, epicondylitis, shoulder rotator cuff tears, knee injuries, and herniated or ruptured spinal discs. If one of these injuries happened during the scope and course of your job, then workers’ compensation benefits may be given. These benefits include income benefits as well as medical treatment.
Nationally, approximately $183 billion dollars were spent on workers’ compensations claim in 2008 according to the National Safety Council. These costs included payment for medical bills as well as lost work days. In fact, it is estimated that 3.2 million claims were made in 2008.
As you can see, workers’ compensation is big business. In fact, many insurance companies have teams of lawyers and “adjusters” on their payroll just in case someone files a claim. These insurance companies have sophisticated systems designed to make it difficult for injured workers to receive benefits. If you have been injured at work, it is important to realize that the insurance company will not have your best in interest in mind. In fact, they have every reason to deny your case just to save a few dollars for their company stockholders.
Remember, they are in the business of denying your claim and benefits. If you have a work injury, don’t try to handle your claim alone. If you would like a free consultation about workers’ compensation, please contact Bryan Ramos at the Ramos Law Firm in Atlanta, Georgia, 404-355-3431.
Aggravation of knee problems and workers comp benefits
Suppose a worker has prior knee problems but then re-injures or aggravates the knee while on the job. Would this injury be accepted under workers’ compensation?
Yes, provided that the aggravation or reinjury was the result of the employee’s work duties or responsibilities. While the Employer/Insurer may have a few legal defenses against this claim in certain circumstances, the claim is actionable at first glance.
If the claim is accepted, the employee would be entitled to medical benefits including physician visits, specialist evaluations, physical therapy, prescription medication, durable medical equipment, and mileage reimbursement to and from his or her sessions. There would be no co-payment for this treatment.
If the claim is bad enough to miss work, the employee may be entitled to weekly income benefits. The dollar amount of these benefits (also known as the “comp rate”) would depend on the employee’s average weekly wage. Unfortunately, the comp rate is limited based on the date of injury.
The Ramos Law Firm represents clients with workers’ compensation legal concerns in the Atlanta metro area and throughout Georgia, including Marietta, Decatur, Douglasville, Lithonia, Lawrenceville, Smyrna, Stone Mountain, Norcross, Riverdale and Jonesboro.
If you would like a free consultation regarding your workers’ compensation injury, please contact our firm.
