Ramos Law Firm Workers' Comp Blog 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 What does it mean to “settle” a case? http://www.ramoslawblog.com/2010/08/31/what-does-it-mean-to-settle-a-case/ http://www.ramoslawblog.com/2010/08/31/what-does-it-mean-to-settle-a-case/#comments Tue, 31 Aug 2010 13:00:26 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1222 Essentially, settlement translates to a closure of the case. Generally, the Employer/Insurer will pay the injured employee a lump sum of money to relieve them of any past or future liability. The decision to settle a workers’ compensation must be a mutual one. The injured worker and the Employer/Insurer must agree to settle the case.

From the Employer/Insurer’s side, it is strictly a business decision. From the injured workers’ perspective, it may be more complicated as he or she may be giving up future medical treatment, employment, and future benefits. Therefore, careful consideration must be given to settling a case. Consideration of “real life” circumstances must be addressed. Many clients “need” the money as soon as practicable so that they can save their house, car, or pay for their kids schooling. Insurance companies understand this and they may use it to drive a “better bargain” for their stockholders. Also, the injured workers must consider how they will pay for future medical treatment once the case closes. Generally, the Employer/Insurer will insist that all future medical treatment be the responsibility of the injured worker.

For more information, call us today at 404-355-3431.

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]]> http://www.ramoslawblog.com/2010/08/31/what-does-it-mean-to-settle-a-case/feed/ 0 Could the insurance company be following me or taking surveillance of me? http://www.ramoslawblog.com/2010/08/30/could-the-insurance-company-be-following-me-or-taking-surveillance-of-me/ http://www.ramoslawblog.com/2010/08/30/could-the-insurance-company-be-following-me-or-taking-surveillance-of-me/#comments Mon, 30 Aug 2010 15:40:34 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1219 The Employer/Insurer may place an injured employee “under surveillance”.  In theory, the insurance company uses surveillance to determine the “true” extent and nature of the claimant’s personal activity as it relates to an alleged work injury.  If done correctly, this type of evidence may be persuasive to the judge.  This evidence must show that the employee misrepresented his or her physical condition or that a return to work has been made.   However, if the investigator unlawfully invades the injured workers’ right to privacy or entraps the employee into a particular activity, then the claimant may have a right of action against the insurance company and the investigator.

If you have been injured on the job and think the insurance company has someone taking footage of you, call us today at 404-355-3431.

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]]> http://www.ramoslawblog.com/2010/08/30/could-the-insurance-company-be-following-me-or-taking-surveillance-of-me/feed/ 0 Change of Condition For The Worse http://www.ramoslawblog.com/2010/07/14/change-of-condition-for-the-worse/ http://www.ramoslawblog.com/2010/07/14/change-of-condition-for-the-worse/#comments Thu, 15 Jul 2010 02:27:36 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1189 Generally, a “change in condition for the worse” is defined as a change in the injured employee’s wage earning capacity, physical condition, or status after the original “condition” was established under the law.  (O.C.G.A. § 34-9-104)  The original condition is usually the establishment of the worker’s weekly benefits or medical status.

The injured employee has the burden of demonstrating that change has occurred.  To do this, the injured worker must demonstrate that (1) her condition has changed for the worse; (2) that because of this change, she is unable to continue to work; (3) that because of this inability to work, she has either a total or partial loss of income; and (4) that the inability to work was caused by the original work injury.

A typical “change in condition” situation occurs when the employee hurt-at-work has an accepted and valid occupational injury.  She is provided weekly income benefits (temporary total disability) for a period of time, as well as medical treatment.  At some point in time, she was able to return to work for the employer.  However, after a few months, the injured employee’s physical condition worsened causing her to miss time from her work.

As you can see, the original condition was established when her claim was accepted under workers’ compensation and she was provided income and medical benefits.  After her return to work, her condition changed for the worse.  Because of this change the injured worker became unable to work which caused some loss of income.  For our purposes, we must presume that the claimant’s recent inability to work was caused by the original work accident.  Consequently, the injured employee may be entitled to a recommencement of workers’ compensation income benefits provided that a proper filing was made with the State Board.

For information, please contact Bryan Ramos at 404-355-3431 or email.

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]]> http://www.ramoslawblog.com/2010/07/14/change-of-condition-for-the-worse/feed/ 0 Bryan Ramos Teaches Workers’ Compensation at Clayton State University http://www.ramoslawblog.com/2010/06/24/bryan-ramos-teaches-workers-compensation-class-at-clayton-state-university/ http://www.ramoslawblog.com/2010/06/24/bryan-ramos-teaches-workers-compensation-class-at-clayton-state-university/#comments Thu, 24 Jun 2010 21:39:27 +0000 admin http://www.ramoslawblog.com/?p=1168 On June 24, 2010 Bryan Ramos will be a guest lecturer at Clayton State University.  He will be teaching a class on Georgia Workers’ Compensation at 7:00 pm.

See the links below for the class material.  This information will be available on our site indefinitely by searching “Clayton State”.

Course Material

Slide presentation (1 slide per page)

Slide presentation (6 slides per page)

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]]> http://www.ramoslawblog.com/2010/06/24/bryan-ramos-teaches-workers-compensation-class-at-clayton-state-university/feed/ 0 City of Atlanta layoffs http://www.ramoslawblog.com/2010/06/18/city-of-atlanta-layoffs/ http://www.ramoslawblog.com/2010/06/18/city-of-atlanta-layoffs/#comments Fri, 18 Jun 2010 04:11:03 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1166 According to the Atlanta Journal Constitution, dozens of Atlanta city workers, including Department of Corrections and airport employees, were notified on Tuesday, June 8, 2010 that they would be terminated at the end of this fiscal year.  Atlanta Mayor Kasim Reed warned members of the City Council’s finance executive committee that layoffs were coming.   Mayor Reed also indicated that in April 2010 67 airport workers would lose their jobs and another 62 vacant positions would be terminated. He also noted that other city agencies would be hit as well, but did not say what positions and how many.

In the event that some of these workers were injured on the job with existing medical restrictions as a result of the work injury, they may be entitled to workers’ compensation benefits. These workers may have experienced a “change of economic condition”.  In these cases, they are required to take certain steps to make them eligible for benefits.  Moreover, they will be required to demonstrate to the State Board of Workers’ Compensation that their work-related restrictions are keeping them from returning to the workforce.

If these workers are totally disabled because of the work injury and are also laid off, there is a good chance that they are entitled workers’ compensation benefits in terms of weekly income checks and medical treatment.

If you are one of these injured workers, please contact the Ramos Law Firm at (404) 344-3531.

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]]> http://www.ramoslawblog.com/2010/06/18/city-of-atlanta-layoffs/feed/ 0 Workers’ Compensation statistics http://www.ramoslawblog.com/2010/06/14/workers-compensation-statistics/ http://www.ramoslawblog.com/2010/06/14/workers-compensation-statistics/#comments Tue, 15 Jun 2010 03:25:07 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1162 In 2008, The Bureau of Labor Statistics found that almost 3.7 million nonfatal injuries and illnesses occurred on the job throughout the United States.

In Georgia, the State Board of Workers’ Compensation cited that over 35,550 weekly benefit claims were made.  Over 121 thousand medical claims were made stemming from work-related accidents.  The workers’ compensation board also reported that almost $600 million dollars of weekly benefits were paid in 2007 and almost $700 million dollars were spent on medical benefits.

If you have been injured on the job, it is important that your claim be counted and proper compensation be allowed under the law.  Work place injuries may be the result of repetitive work  duties or they may arise from sudden traumatic experiences.  Proper reporting and representation are crucial in securing your claim and entitlement.  Call the Ramos Law Firm now for your free consultation (404) 355-3431.

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]]> http://www.ramoslawblog.com/2010/06/14/workers-compensation-statistics/feed/ 0 Panibagong Simula – New Beginnings http://www.ramoslawblog.com/2010/05/30/panibagong-simula-new-beginnings/ http://www.ramoslawblog.com/2010/05/30/panibagong-simula-new-beginnings/#comments Mon, 31 May 2010 00:00:49 +0000 Gail Bailey http://www.ramoslawblog.com/?p=1157 Panibagong Simula (New Beginnings), that was the theme on Friday, May 21, 2010 as the Former President of the Philippines, Fidel V. Ramos, spoke regarding the recent presidential election and the potential impact on the country. The dinner was hosted by the Philippine American Chamber of Commerce of Georgia and held at Villa Christina. The event also succeeded in raising money for the Ramos Peace and Development Foundation.

Former President Ramos played a major role in the EDSA Revolution of 1986 and was the 12th president of the Philippines (1992 – 1998). During his six years in office, Ramos was widely credited and admired by many for revitalizing and renewing international confidence in the Philippine economy.

Having never met or heard the former President speak before, I must say he was very entertaining. Mrs. Ramos was in attendance as well and graced us by playing a piece on the piano.

A good evening was had by all in attendance including several members and friends of the Ramos Law Firm.

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]]> http://www.ramoslawblog.com/2010/05/30/panibagong-simula-new-beginnings/feed/ 0 Brain Injuries and Financial Assistance for Injured Workers http://www.ramoslawblog.com/2010/03/18/brain-injuries-and-financial-assistance-for-injured-workers/ http://www.ramoslawblog.com/2010/03/18/brain-injuries-and-financial-assistance-for-injured-workers/#comments Thu, 18 Mar 2010 19:51:54 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1146 Closed head injuries occur in workers’ compensation settings every year.  The Brain Injury Association of Georgia consists of survivors, family members, professionals and friends who have been impacted by brain injuries.  This organization seeks to improve the quality of life for people living with head injuries.  If you have been a resident for one year and have suffered a traumatic brain injury, you may be eligible for a grant through the Brain and Spinal Injury Trust Fund Commission.

If you have been injured on the job and are living with the effects of a closed head or brain injury, please contact the lawyers at the Ramos Law Firm.  Our attorneys are familiar with the treatment of these injuries and the stress it places on workers and their families.  For a free consultation, please contact us at 404-355-3431 or click here.

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]]> http://www.ramoslawblog.com/2010/03/18/brain-injuries-and-financial-assistance-for-injured-workers/feed/ 0 Home Depot cutting jobs – 150 in Atlanta; what’s the impact on workers’ comp claims http://www.ramoslawblog.com/2010/03/14/home-depot-cutting-jobs-150-in-atlanta-whats-the-impact-on-workers-comp-claims/ http://www.ramoslawblog.com/2010/03/14/home-depot-cutting-jobs-150-in-atlanta-whats-the-impact-on-workers-comp-claims/#comments Sun, 14 Mar 2010 20:17:11 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1143
The Home Depot, Inc.
Image via Wikipedia

According to the Atlanta Business Chronicle, The Home Depot will be laying off 1,000 employees including 150 in Atlanta.  However, Home Depot is said to be adding 200 jobs in Atlanta in the near future.  Many of these jobs will be associated with the Retail Staffing Service Center.

As you can imagine, injuries sustained by these employees will likely be covered under the Workers’ Compensation Act in Georgia.  The injuries must arise out of and in the course of the employment at The Home Depot.  These injuries may be traumatic in nature involving a knee sprain or back herniation.  However, other injuries can be cummulative in nature such as carpal tunnel syndrome.  At the Ramos Law Firm, our attorneys have handled these type of claims and are ready to assist these workers in their return back to work.  For a free consulation, please contact the Ramos Law Firm at (404) 355-3431.

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]]> http://www.ramoslawblog.com/2010/03/14/home-depot-cutting-jobs-150-in-atlanta-whats-the-impact-on-workers-comp-claims/feed/ 0 Hearing loss at work: potential changes to acceptable levels http://www.ramoslawblog.com/2010/03/09/hearing-loss-at-work/ http://www.ramoslawblog.com/2010/03/09/hearing-loss-at-work/#comments Tue, 09 Mar 2010 12:21:41 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1139 Citing that nearly 22 million American workers are exposed to hazardous noise on a daily basis and that occupational hearing loss continues to plague industry workers, the National Hearing Conservation Association (NHCA) requested a reduction of the permissible exposure limit (PEL) for noise exposures recognized by the Occupational Safety and Health Administration (OSHA).  By adopting this reduction, the United States would be level with nearly every other country in the world.

“Nearly every other nation on earth has adopted a more protective 85 dBA exposure limit – which means that U.S. workers have a substantially greater risk of developing noise-induced hearing loss than do the workers of almost every other nation,” said Rick Neitzel, PhD, CIH, NHCA President.   “Also, workers in industries like construction, agriculture, and oil and gas drilling are currently not covered by an effective regulation, which is unacceptable, given the high levels of noise exposure associated with these industries.”

Currently, there has been discussion at the Georgia State Board of Workers’ Compensation adopting a lower hearing loss threshold.  The attorneys at the Ramos Law Firm are monitoring this development as to whether it will find its way into the 2010 legislative bill.

If you have suffered a hearing loss at work, call now for your free consultation (404) 355-3431 or contact the Ramos Law Firm via our website.

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