Ramos Law Firm Workers' Comp Blog » Uncategorized http://www.ramoslawblog.com Georgia Workers' Compensation, Medicare Set-Asides and Injury Trust Funds Tue, 31 Aug 2010 13:00:26 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Looking to rent an office on Peachtree Street in Atlanta? http://www.ramoslawblog.com/2009/07/15/looking-to-rent-an-office-on-peachtree-street-in-atlanta/ http://www.ramoslawblog.com/2009/07/15/looking-to-rent-an-office-on-peachtree-street-in-atlanta/#comments Wed, 15 Jul 2009 16:35:12 +0000 admin http://www.ramoslawblog.com/?p=943 Okay, so it’s not workers’ comp related, but we do have office space available for rent in our suite.  We are located in the MacQuarium Building on Peachtree Street in Atlanta (at the south edge of Buckhead almost Midtown).  For more information on what we have to offer please contact Gail Bailey.

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]]> http://www.ramoslawblog.com/2009/07/15/looking-to-rent-an-office-on-peachtree-street-in-atlanta/feed/ 0 Providing Information To Your Workers’ Compensation Attorney To Help Your Claim http://www.ramoslawblog.com/2009/04/17/providing-information-to-your-workers-compensation-attorney-to-help-your-claim/ http://www.ramoslawblog.com/2009/04/17/providing-information-to-your-workers-compensation-attorney-to-help-your-claim/#comments Sat, 18 Apr 2009 04:21:01 +0000 James Timmons, Jr. http://www.ramoslawblog.com/?p=719 In preparing to discuss a claim with a workers’ compensation attorney, it is important for the injured worker to gather up all the information about the injury he or she can to provide to the attorney.  However, it does not stop there.  In assessing a litigation strategy in a workers’ compensation claim, it is important for the attorney to have an understanding of the injured worker’s total circumstances.  By that, I mean that the injured worker should not only be prepared to discuss the injury itself, but the overall financial effect the injury is having on his or her life.  Some of the information that is very important to the attorney includes:

  • Sources of income outside of the injured worker’s employment.
  • Whether the injured worker has access to group insurance coverage if he or she were to resign or lose the job.
  • How much the injured worker reasonably requires in income to live.
  • Whether there are any immediate financial emergencies, such as the mortgage being in arrears.
  • Whether resignation from the job is a viable option.
  • Whether the injured worker believes he or she can find employment upon recovery from the injury.

This is far from an exhaustive list of the information that is useful to the attorney when assessing a litigation strategy.  It can make a very large difference in choosing the course of action, such as remaining on benefits versus settlement.  There also may be other actions outside of the workers’ compensation arena that must be taken.  The attorney can likely assist the injured worker in finding additional professional assistance, if necessary.

Remember, a workers’ compensation attorney cannot guess what your circumstances are.  The more assistance you can provide, the better your chances of arriving at a solution.

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]]> http://www.ramoslawblog.com/2009/04/17/providing-information-to-your-workers-compensation-attorney-to-help-your-claim/feed/ 0 Why Can’t I Recover for Pain and Suffering? http://www.ramoslawblog.com/2009/01/22/why-cant-i-recover-for-pain-and-suffering/ http://www.ramoslawblog.com/2009/01/22/why-cant-i-recover-for-pain-and-suffering/#comments Thu, 22 Jan 2009 15:33:47 +0000 James Timmons, Jr. http://www.ramoslawblog.com/?p=167 One of the questions we hear all the time is why a claimant cannot recover for their pain and suffering.  The Workers’ Compensation Act provides a number of important benefits to the injured employee but does not allow for pain and suffering.  It can provide income benefits to provide for someone while they are recovering from an injury.  It also provides for medical benefits to affect a cure for the employee.  Additionally, there is a provision for recovery based upon any permanent impairment left after the recovery.  All of these benefits are provided for anyone working for an employer covered under the Workers’ Compensation Act who is injured while working.

Under the Workers’ Compensation Act, the worker need not prove negligence in order to recover.  There is no premises liability analysis to perform as to superior knowledge of a hazard or even whose fault the accident was.  Further, medical and income benefits are available very quickly.

There is, however, a tradeoff.  The Workers’ Compensation Act also provides that the above mentioned remedies are all that is available to the injured employee.  The injured employee, absent a showing of clear intent on the part of the employer, may not pursue a tort claim against the employer to seek additional damages.  That means that pain and suffering and punitive damages are simply not possible for the injured worker against the employer.  It does not matter in the context of the Workers’ Compensation claim that a worker may be subject to tremendous hardship based upon the injury if the employer is paying all of the benefits that are statutorily required.

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