In these tough economic times, injured workers are fearful of losing their jobs and sometimes they are unaware of their rights under the Georgia workers’ compensation system.  Generally, the workers’ compensation system is a “no fault” structure that allows for injured workers to receive immediate medical treatment and a portion of their income during the time they are out of work.  In exchange for the “no fault” system, the employees who are  hurt on the job are generally restricted from suing the employer outside of the workers’ compensation system.

Sadly, the Occupational Safety and Health Administration (OSHA) reported that 4,609 workers were killed on the job in 2011.  “Every day in America, 13 people go to work and never come home. Every year in America, nearly 4 million people suffer a workplace injury from which some may never recover…”– Secretary of Labor Hilda Solis, Workers Memorial Day speech April 26, 2012.

In these tragic situations, the deceased employee’s “dependents” may be entitled to workers’ compensation benefits.  These dependents are generally the employee’s spouse or children.  Additionally, the workers’ compensation insurance carrier will usually be required to pay for the deceased employee’s funeral and burial costs up to a certain extent.

If you have any questions about workers’ compensation injuries, please feel free to contact the Ramos Law Firm.

If a party is dissatisfied with the Award, it may appeal to the Appellate Division of the State Board.  Further appeals can be made to the county’s Superior Court and then to the Court of Appeals and Supreme Court of Georgia.

If you have been hurt on the job and may need to go to court, please contact the Ramos Law Firm for a free consultation.

If the injured employee was fired because of his or her workers’ compensation injury, the worker may be entitled to income benefits.  If the employee was fired for a reason “unrelated” to the work injury, the injured employee carries the burden of looking for suitable employment within his or her physical limitations related to the work injury.  In other words, the claimant, who was terminated for a reason unrelated to the work injury, has to look for work that he or she can do as soon as possible.  Additionally, this job search must be “diligent” and “sincere.”  To prove the claimant was sincerely and diligently looking for work, he or she must have enough evidence to show the judge.  This evidence will include a job diary, applications, resumes, cover letters, and other documents that the judge can consider.

Presuming that the injured employee cannot find work, the reason for this inability must be because of the work injury.  Therefore, the Employee must reveal his or her physical restrictions to the prospective employer.  If the prospective employer is simply “not hiring”, this will not help the employee’s claim for benefits.  Nevertheless, the claimant should document all of his or her job search efforts.

If you have been “let go”, “fired”, or “terminated” while being in the workers’ compensation system and you want to know your options, please feel free to contact the Ramos Law Firm.

With regards to medical treatment, the proposed bill takes aim at limiting coverage to the injured workers.  Currently, if you are injured on the job, you are entitled to lifetime medical treatment as it relates to that occupational injury (so long as your claim remains open and unsettled).  Also, the desired medical treatment must continue to relate or be caused by the original accident.  Under the proposed new law, the medical treatment will expire in about 7.6 years after the date of injury unless the case is deemed to be “catastrophic.”  Therefore, if you suffer an injury that requires a knee replacement and you have to get the hardware replaced every 10 years, you will be responsible for the replacement and continued care after the 7.6 year mark. 

The proposed bill also changes the return to work provisions under O.C.G.A. §34-9-240.  Currently, if the employee (who was previously out of work) is properly offered a suitable light duty job, he is required to attempt the job.  If he or she is unable to do that job, the Employer/Insurer was required to immediately restart benefits.  This will change under the proposed bill.   Under the new bill, the injured employee must attempt the job for eight (8) cumulative hours or one scheduled workday, (whichever is greater) before the benefits can be restarted.  For example, let’s assume a forklift driver returns to work and attempts the light duty job.  In the first hour, it becomes clear that he is unable to do the job.  He must continue to labor for another 7 hours in a job he physically cannot do.   If he fails to complete the additional 7 hours, he will not be entitled to immediate restart of his workers’ compensation benefits.

On a more positive note, the bill contemplates faster reimbursement times for mileage and other health care goods.  Also, the maximum workers’ compensation rate may be raised to $525.00 per week for temporary total disability and $350.00 per week for temporary partial disability benefits.

A link to the current proposed law is found here.

These changes are schedule to be applied in July 2013 if enacted by the Legislature. 

Interestingly, this exemption generally does not apply to retirement plan benefits received based on age or length of services despite the predominate cause of taking the retirement was the work injury.  In some cases, a global settlement of your workers’ compensation case may include consideration for the resolution of other claims outside of workers’ compensation.  It is important to carefully assign the appropriate value of those other claims as they may NOT be tax exempt as those claims are outside the workers’ compensation system.

Was the company or “team” doctor right?  This begs the question as to whether the company doctor had the best interest of his patient in mind,  or rather the employer and a profitable post-season.  In my humble opinion, this medical clearance or release to return to work was short-sided by the company doctor and he disregarded the employee’s well being.  It has come to light that RG3 now has a torn LCL and ACL.  It is important to note that this 22 year old now has torn his ACL twice in less than 4 years.

In my workers’ compensation practice, I often see injured workers released to their “normal” or “full duty” jobs much too fast.  In Georgia, workers’ compensation physicians compete to be on pre-approved list (called the “panel of physicians”) which is specific to the injured worker’s company.  This list or panel is generally comprised of six (6) physicians, and the injured employee may be limited to this list.  Consequently, the ethical line of loyalty may be blurred.  In other words, does the injured patient or the company take precedence?

In many situations, the company doctors push the hurt employees back to work prematurely that often aggravate or worsen the work injury.  In these situations, the injured employee invariably endures additional pain and is likely injured worse or misses additional time from work just like RG3.

If you have been injured on the job and you would like to explore your options, please contact the Ramos Law Firm.

On the other hand, if the case is accepted under the workers’ compensation system, then the insurance company will “be on the hook” for benefits.  The benefits that the Employer/Insurer will be responsible for will be weekly income benefits (not full wages but rather the workers’ compensation rate) and medical / rehabilitation benefits.  It is important to note that there is no “pain and suffering” benefits allowed under the workers’ compensation system.

The value of the case will be determined on what the Employer/Insurer may be responsible for paying in the future.

If you have any questions about what your case is “worth”, please feel free to contact the Ramos Law Firm.

If you are a seasonal employee who was injured while on the job, please feel free to contact the Ramos Law Firm for more information about your specific situation.

In some circumstances, Employers may maintain a list of physicians known as the “conformed panel of physicians”, which shall include a minimum of ten (10) physicians or professional associations. The physicians and groups listed on the panel shall be counted as a separate choice from the others listed only if they are not associated with other physicians or groups on the panel. This panel includes the same physicians required in the traditional panel, plus a chiropractor and a general surgeon.

Finally, Employers may contract with a Workers’ Compensation Managed Care Organization (WCMCO) certified by the Board. A “WCMCO” provides for the delivery and management of treatment to injured employees with a complex network of physicians. The WCMCO sets its own rules and regulations for treating the Employees.

The injured employee may select any physician on the panel and may make one change to another physician on the panel without approval of the Employer. Additional changes require approval of the Board or agreement of the parties. If the case is accepted under workers’ compensation, the employee will be able to treat and costs will be paid by the Employer/Insurer. This includes prescription medications, specialist visits, and therapy. Additionally, the injured worker may be entitled to transportation or mileage reimbursement.

If you have been injured on the job and are confused about your rights to medical care, please feel free to contact our office.

In Georgia, the parties are only allowed to ask no more than 50 questions, which include sub-parts.  O.C.G.A. § 9-11-33. Furthermore, objections to these written questions will be waived unless they are asserted.   These questions are generally targeted around the workers’ compensation injury, potential witnesses, medical treatment, and disability.  However, the questions can be of any topic related to the underlying occupational injury.