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.

Presuming that the employee is meeting an attorney, it is important that the worker bring all the documents he or she received from the insurance company and Employer regarding the work injury.  This includes letters, medical records, and notices.  Furthermore, the employee should bring paycheck stubs and other “employment related” information such as disciplinary “write-ups”, “worklink reports”, or employment files.  The attorneys at the Ramos Law Firm recommend that the employees do not “self-edit” or “prejudge” the documents.  Bring everything.  It is the attorney’s job to determine what is important to the case and what is not.

In anticipation of the meeting, it may be a good exercise to draft a chronology or summary of events from the date of hiring to the present day.  The reason for this exercise is to make sure nothing is left out during the meeting.  Often times, employees become emotional when telling their attorneys about the work accident.  As the emotion level rises, details are forgotten.  Even if there is no emotional interference, people simply forget.  It is important that your attorney receive the complete picture.  The Ramos Law Firm attorneys recommend to their clients that they write down all the physicians’ names and address as well as all of the witnesses to the occupational accident.

Other questions the employee should be able to answer include:

1. When did the accident occur?;
2. Who was the supervisor on duty?;
3. Did you report the accident, if so, to whom?
4. Was there a list of doctors you could choose from for treatment?
5. What body parts did you injure?;
6. Which doctors have treated you?;
7. Have you been fired, if so, why?;
8. Who have you spoken to from the Employer or insurance company about the accident?;
9. Have you ever filed a claim before now; and
10. How much were you making prior to the accident?  Obviously, there will more questions to answer but these basics will assist you further your claim.

On the other side of the table, it is important for the employee to inquire about the lawyer’s credentials and expertise in workers’ compensation.  The initial session with your attorney should last at least 30 minutes.

For more information about your workers’ compensation claim and maximizing your chances at recovery, please contact Bryan Ramos.

According to Adriana Sola Capifali, the event chairperson and workers’ compensation associate at the Ramos Law Firm, the participation was “ten times that of prior events.” Through these efforts, she hopes to further the mission of “representing Hispanic workers and preventing any unfair exploitation.” The attorneys at the Ramos Law Firm have handled hundreds of claims including spinal cord injuries, carpal tunnel syndrome, knee and shoulder pain, amputation injuries, and neurological trauma.

The Latin American Association helps Latino families achieve their aspirations for their academic, social and economic development. The Association accomplishes this through direct programs and integrated community partnerships that focus on youth academic achievement, education and prevention, and services to families with urgent needs.

For more information, please contact Adriana Sola Capifali at the Ramos Law Firm.

First, it is important to consider the injured workers’ medical status.  If the employee is facing surgery or is not close to maximum medical improvement (MMI), then the case should not settle.  The rationale behind this rests in the fact that potential medical expenses may exceed the settlement proceeds.  In other words, there is no point in settling a a case for $25,000 when the potential medical expenses may cost $40,000. It is more sound to settle the case after the injured employee’s medical condition has improved or has stablized.  Therefore, the injured worker must carefully consider the value of his or her future medical expenses as it relates to the industrial accident.

Assuming the employee’s medical status is plateaued, the next consideration is whether the claimant is physically able to return to work in some capacity.  The ability to return to work does not necessarily mean returning to “regular” or “normal” duty work.  Whether the injured worker can return to work for any employer influences the overall value of the case.  If the claimant cannot return to work in any capacity or is totally disabled, the value of the claim generally increases.

Moreover, if the injury is severe, the injured worker’s permanent impairment may be significant.  Georgia law provides another formula for compensating the employee for the permanent loss of use as it relates to the occupational injury.  The formula considers the claimant’s weekly compensation rate, the affected body party, and the level of impairment.  This rating is very specific and incorporates the American Medical Association’s Guides to Impairment (5th Edition).

As you can see, there are many factors to consider how much a workers’ compensation claim may be “worth.” However, the actual value of the case depends on what the insurance company will pay and how much or little the injured worker will take.  No two claims are the same and it is important to consult a workers’ compensation expert like the attorneys at the Ramos Law Firm to navigate the complex work comp law.

The aforementioned retirement benefits are considered contractual benefits which fall outside the scope of the Georgia Workers’ Compensation Act. Workers’ compensation attorneys will explain to their clients at the inception of a claim that several additional claims may arise out of a workers ‘ compensation claim, such as violations of ERISA or COBRA.  Often times ERISA or COBRA violations are tangentially related to a claim for compensation and will not be handled by a workers ‘ compensation attorney.

For example, an employee may be confronted with a violation of ERISA or the Employee Retirement Income Security Act of 1974 with regards to an employer denying the employee access to health benefits.  ERISA was enacted to ensure that Employers uphold their legal obligations to their employees with regards to health insurance plans.  Most employee health plans are covered by ERISA and require that employers provide participants or beneficiaries (employees and their  dependents) with access to plan information.  Additionally, ERISA also requires employers uphold their fiduciary responsibility to their employees by ensuring employers properly manage and oversee plans with the best interest of the employees in mind.

In the context of a workers’ compensation claim, an employee must be mindful of possible ERISA related issues that may arise either during the handling of their claim or during settlement. ERISA claims are often very complex and although your workers’ compensation attorney can identify an ERISA violation, the claim will probably be referred to an ERISA attorney.

It is important that employees take full responsibility for discussing and/or bringing concerns about related issues to their workers’ compensation attorney.  At the Ramos Law Firm, our attorneys specialize in workers’ compensation, however, we work with our clients to ensure their rights are protected under the Georgia Workers’ Compensation Act and will refer our clients to experienced attorneys if an issue outside of the employee’s workers’ compensation claim arises.

• 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.

Establishing a close working relationship with an attorney begins at the claimant’s first meeting with a perspective attorney. During this initial consultation, the attorney will intently listen to the claimant in an effort to gather as much information as she can about the claimant’s work accident, medical treatment, current job duties, job history, and income. The claimant can assist the prospective attorney by bringing certain information to the first meeting. This information includes the accident report, medical records relating to the injury, and the names and contact information of physicians who treated the injury. A claimant should also bring employment information to the first meeting. The employer’s name and address, documentation of earned wages, hire date, and any received Workers’ Compensation board forms are extremely helpful. Being prepared for an initial meeting with a prospective attorney sets the tone for all future interactions and can effect the ultimate outcome of a case. Doing some research and preparing for the meeting will ensure that a claimant gets the help she needs.

The Georgia Workers’ Compensation Act regulates the contingency fee an attorney can charge an injured worker. O.C.G.A. § 34-9-108(a) limits the percentage an attorney is permitted to charge to no more than 25% of weekly benefits or 25% of the final settlement amount.

 At the Ramos Law Firm our legal team has over 30 years of combined experience. The Firm was founded in April of 2005 and has been helping injured workers fight for the benefits they deserve since they opened.

Bryan Camacho Ramos is the founder and principal of the firm. He has handled thousands of cases over his career. He has significant trial experience ranging from the simple hand strain to complex catastrophic cases involving complicated medical issues and housing considerations. Mr. Ramos has utilized alternative dispute resolution methods and conferences to reach the best result for his clients. Additionally, many clients have provided testimonials attesting to their positive experiences with the Ramos Law Firm. Mr. Ramos devotes many hours every month to community service events and charities. Additionally, Mr. Ramos is active within the Asian and Hispanic communities.

Mr. Ramos has published dozens of articles on numerous topics involving workers’ compensation in both national and local law journals. He regularly conducts client seminar and lectures.  Additionally, he mentors young attorneys who have recently passed the Bar and are just beginning their practice of law.

Gail Bailey is the Senior Paralegal and Legal Administrator for the firm. She has been with the firm since August of 2005 and has worked in Atlanta law firms since 1997. Mrs. Bailey has conducted a number of seminars/webinars through NBI, Inc. for paralegals in both the Atlanta area and on a national level.

Melissa Krick joined the firm in August of 2009 as the firm’s receptionist and has since moved into the position of Legal Assistant/Paralegal. While having only been with the firm a couple of years, she has been in the legal industry for over nine years. Ms. Krick interacts with clients on a day to day basis and is often the first point of contact.

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