Essentially, attorneys may call the Board and request a conference call with the presiding administrative law judge (ALJ) assigned to the claim.  If there is no ALJ assigned to the case, the State Board of Workers’ Compensation will assign a case accordingly.  These ALJ’s are empowered to address the resolution of medical issues or other claims that have NOT been “controverted” by the Employer/Insurer.  The primary purpose of this vehicle is to reach an answer without an evidentiary hearing.  The Board has included issues such as problems obtaining medication prescribed by the authorized treating physician; payment of unpaid medical bills; or accidental suspension of benefits.  The Board also indicated that this conference call vehicle should NOT be used for change of physician requests or other issues where the submission of evidence is required.

If one party requests the conference call, the other party’s participation is mandatory unless otherwise excused by the presiding judge.  Once the conference call is scheduled and the parties are notified via email to initiate the call, failure to participate may result in monetary penalties.  The Board requires 24-hour prior notice and a valid reason to avoid potential sanctions.  The workers’ compensation board “encourages” all parties to work together with the judge’s calendar.

It is the Ramos Law Firm’s hope that this new vehicle will assist injured workers’ in securing prompt medical treatment or resolution of a pending issue in his or her workers’ compensation claim.

Proving these occupational injuries can be challenging.  In short, the workers’ compensation judges will rely on the medical evidence, the injured workers’ reports to the supervisor or the human resource departments, as well as the type of job the employee had.  Furthermore, the workers’ comp judge will consider how long the employee was working that job.  The longer the injured employee worked the repetitive motion job, the better chances he or she has in proving the claim.

If you have been hurt while working on an assembly line at Kia or any other Georgia employee and you would like a free consultation about your workers’ compensation rights, please contact the Ramos Law Firm.

In Georgia, we suspect that these closures will produce a substantial amount of lay-offs including employees injured on the job. It is important to note that these injured employees who have been laid off have certain responsibilities before workers’ compensation benefits are started. It is recommended that these injured employees return to their authorized treating physician immediately. This will help certify their work restrictions. Subsequently, we recommend that the laid off and injured workers begin to document a search for employment within the recently certified work restrictions. Additionally, it would be prudent to seek unemployment benefits.

Those Georgia workers’ desiring a free consultation regarding their rights under workers’ compensation should call the Ramos Law Firm.

The injured worker will feel pain in his back or spine, be directed to a Concentra, Urgent Care, or Choice Care in Atlanta or DeKalb County, and the “doctor” may dismiss the worker with a “back strain or sprain.”  Hopefully, an x-ray will be done and the worker will be given some prescription medication.  However, the injured worker may remain in pain.  After a few days, the employee (hurt at work) would return to the industrial clinic complaining of pain.  Hopefully, an MRI would done.

If the MRI scan demonstrates a disc herniation, this means that there may be a tear in the outer ring of a spinal disc.  Generally, inflammation may occur and cause pain.  The symptoms may depend on the level where the herniation occurred and whether it is touching a nerve.  For example, a herniation in the low back may cause pain in the buttocks or down the injured worker’s legs.  Treatment for back pain may include physical therapy, and potentially surgery.  It is important that injured workers understand their course of treatment and options.

If the employee’s pain is bad enough that he or she is losing time from work, he or she may be entitled to income benefits under the Georgia Workers’ Compensation Act, in addition to the medical treatment (provided at the expense of the Employer/Insurer).  There also may be a permanent impairment rating issued  at some point in the life of the claim.

The employee tends to feel lost between the pain level, trying to maintain their life and navigate the workers comp claim. If you find yourself or someone you know in this position, have them contact our office for a consultation. We can help so that you can focus on getting better.

If you need some advice as to your rights under the workers’ compensation system, please contact our office at the Ramos Law Firm.

In Georgia, the insurance company is responsible for providing injured workers with medical benefits such as trips to the emergency room, hospital stays, prescription medication, mileage, and visits with the doctor.  If the injured worker is unable to return back to work because of his or her work injury, then the injured employee may receive weekly income benefits up to $500 per week.   These weekly benefits will expire after some time or until the physician releases you to “full duty” work status.

If you have been injured on the job, please contact the Ramos Law Firm for a free consultation.

Under the Georgia Workers’ Compensation system, the Employer and the insurance company have the power to preselect 6 physicians or facilities to treat your workers’ compensation injury.  You do get to choose which doctor you want to see from that “pre-approved” list or “panel of physicians.”  One physician testified in a deposition that it is very competitive to be on these pre-approved panels.  As you can imagine, the insurance company has the power to remove or place doctors as it sees fit.

Your employer must provide you the list and educate you as to how to use.  If it does not, then you get to choose the doctor.  As the goal is for you to “get better”, it is always best if the injured worker can make an informed decision as to who he or she treats with for the occupational injury.

If you have been hurt at work and need some advice as to your rights under the workers’ compensation system, please contact our office at the Ramos Law Firm.

There is a lot of litigation over whether a person is an “employee” or “independent contractor”.  The Court will consider all the facts surrounding the parties’ work relationship and expectations.  Essentially, the analysis will come down to whether the potential employer had “control and dominion” over the worker.  Some factors include:

• whether the potential employer controlled the worker’s schedule;
• required the worker to wear a uniform;
• withheld taxes; and
• generally supervised the worker’s daily tasks.

If the worker is deemed to have been controlled by the potential employer, the worker would be classified as an employee.  Subsequently, if the employee suffers an injury that arose out of and in the course of employment, then the employee would be entitled to workers’ compensation benefits.  These benefits would include medical benefits as well as weekly income payments if the employee was missing work because of her injury.

While employers are required to carry workers’ compensation insurance, they sometimes do not. If you have been injured on the job and have questions about whether your employer has workers’ compensation insurance, please contact the Ramos Law Firm for a free consultation.  Our workers’ compensation firm is headquartered in Atlanta, Fulton County, we handle matters throughout Georgia.