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…)
Law
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.
What is Compensation for Permanent Partial Disability (PPD)?
The law defines PPD as a disability partial in character but permanent in quality resulting in a loss or loss of use of body members or from the partial loss of use of the injured employee’s body. In other words, the PPD rating is a medical assessment as to whether the work injury permanently affected the injured worker’s range of motion or overall body functioning. Generally, the PPD rating is issued by the authorized treating physician after the injured employee reaches “maximum medical improvement” where the employee is “about as good as he or she is going to get.” The physician will make the determination of the PPD rating by using the American Medical Associations’ Guide to Impairment. This rating will be issued in percentage compared to overall functioning.
Georgia’s Workers’ Compensation Act provides compensation in relation to the physician’s impairment assessment. This table is found in O.C.G.A. §34-9-263 or on our website. In certain circumstances, doctors may disagree as to the ratings and they can differ. Also, you may have the option of seeking a second opinion. If you have any questions about the PPD rating, please contact me at 404-355-3431.
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.
As an injured worker what kind of medical treatment am I entitled to?
Employers are required to furnish treatment for employees who have been injured on the job. This would include “medical, surgical, and hospital care and other treatment, items, and services which are prescribed by a licensed physician.” This also includes prescription drug medication.
In addition, medical benefits may include counseling, or may include home attendant care, and in some circumstances domestic household services. These benefits may also include newly developed medical procedures under FDA investigation despite the fact that the procedures have not yet been approved by the FDA.
In many instances, employees hurt at work experience delays in authorization, mysterious or last minute request for second opinions, or flat denials of their medical treatment. As medical treatment is crucial, it is important to have someone advocating for you. Not only must this advocate have expertise about the law, but he must be knowledgeable about the physicians treating the injured worker.
If you have been hurt at work and would like a free consultation about your rights to medical care under the Georgia Workers’ Compensation Act, please contact the Ramos Law Firm at 404-355-3431 or via email.
Meeting at Governor’s Office to Provide a Voice for Asian Americans
Last week Mr. Kim, Mr Blanco, Mr. Xiong and Mr. Ramos all met with Governor Deal’s office regarding opposition to proposed legislation SB-7, HB-72, HB-87 and SB-40. These bills send the wrong message to the local and global business community in Georgia. Additionally, these bills do not solve or further the federal immigration reform movement but rather disproportionately impact legal immigrants and business owners. Other business community leaders have expressed similar views.
Mr. Travis Kim, President, Georgia Korean Chamber of Commerce; Mr. Willy Blanco, President, Philippine American Chamber of Commerce of Georgia (PACCGA); Mr. Abraham Xiong, President, Government Contractors Association; Mr. Bryan Ramos, Ramos Law Firm
Truck Driver Injured While Driving
Employees of trucking companies generally enjoy the same rights as other employees when it comes to workers’ compensation. The exception is the “owner-operator”. These owner-operators are specifically excluded from the Workers’ Compensation Act. The statute provides (more…)
Valentine’s Day brings joy to most but can mean injury for others
Thousands of people will be rushing to their favorite romantic restaurant this week for Valentine’s Day. In preparing for these meals, restaurant workers will be working very hard and have a greater likelihood of being injured. The (more…)
