Ramos Law Firm Workers' Comp Blog » attorneys http://www.ramoslawblog.com Georgia Workers' Compensation, Medicare Set-Asides and Injury Trust Funds Thu, 15 Jul 2010 03:07:34 +0000 en hourly 1 http://wordpress.org/?v=3.0 How often can I see the workers’ compensation doctor? http://www.ramoslawblog.com/2009/09/12/how-often-can-i-see-the-workers-compensation-doctor/ http://www.ramoslawblog.com/2009/09/12/how-often-can-i-see-the-workers-compensation-doctor/#comments Sun, 13 Sep 2009 03:43:08 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1042 When an injury on the job occurs, the Employer and their insurance carrier are responsible for furnishing medical treatment to the hurt employee.  However, the Employer and insurance carrier will generally have a pre-approved list of doctors for the injured work to choose from.  Once the injured worker makes his or her selection, the number of visits is unlimited as long as the occupational injury exists.  Obviously, the treating doctor will set the care plan.  However, as long as the work injury necessitates treatment, the injured employee is entitled to receive the medical care.

In a workers’ compensation claim the insurance company will be monitoring the worker’s care plan and progress.  It is in their best interest to “cut you off” of treatment as soon as possible.  Unfortunately, the insurance companies have hand picked their initial line of physicians for you.  Even more unfortunately, sometimes their loyalties may not run to the patient.

In most cases, an injured worker needs the protection of a lawyer who will put the patient’s best interest in front of his own.  It would be best to be represented by a lawyer who exclusively handles and tries workers’ compensation cases.  At the Ramos Law Firm, our attorneys only handle these workers’ compensation matters.  If you have been injured on the job, call our attorneys for a free consultation at 404-355-3431 or click here to contact us now.

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]]> http://www.ramoslawblog.com/2009/09/12/how-often-can-i-see-the-workers-compensation-doctor/feed/ 0 Meeting with your workers’ compensation attorney http://www.ramoslawblog.com/2009/07/21/meeting-with-your-workers%e2%80%99-compensation-attorney/ http://www.ramoslawblog.com/2009/07/21/meeting-with-your-workers%e2%80%99-compensation-attorney/#comments Wed, 22 Jul 2009 03:03:38 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=954 When there is a meeting between an injured worker and his or her workers’ compensation attorney, it is important to be prepared for the meeting.  If it is the first meeting, the injured employee should insist on meeting with an attorney.  This is not to discount the importance of paralegals and assistants.  They are a part of the legal team and play a significant role.  However, these staff members are generally not trained to field all the questions and concerns an injured employee may have.  Furthermore, as a client, the injured worker deserves a face-to-face meeting with the attorney.

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.

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]]> http://www.ramoslawblog.com/2009/07/21/meeting-with-your-workers%e2%80%99-compensation-attorney/feed/ 0 What happens at a workers’ comp hearing? http://www.ramoslawblog.com/2009/06/22/what-happens-at-a-workers-comp-hearing/ http://www.ramoslawblog.com/2009/06/22/what-happens-at-a-workers-comp-hearing/#comments Mon, 22 Jun 2009 17:53:32 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=854 As the injured worker is not entitled to a jury trial, she is entitled to an evidentiary hearing before an administrative law judge (ALJ).  The hearing is also known as a bench trial.  It is also known as the ” employee’s day in court”.

At the hearing, the judge will generally request information from the parties of the pending case.  During this time, the lawyers will briefly layout their positions before the judge.   Once the judge understands the hearing issues, the judge will “go on the record” and “call the case.”  A court reporter will begin to record the proceeding.  The judge will summarize the parties’ positions.  If the claimant requested the hearing on the issues of compensability, the injured worker may present testimony to the judge.  Before the injured employee may testify, she must be sworn under oath to tell the truth.  The injured worker will be cross examined by the defense lawyer.  The injured worker may also call other witnesses to support his case and tender documents such as medical records to the judge. After the claimant’s evidence is presented, the employee’s attorney may present evidence to justify why he or she is entitled to an assessment of attorney fees.

At the close of the injured worker’s case, the employer and insurance company may present its side of the story by calling its own witnesses such as supervisors or other employees.  Moreover, the employer may submit competing or contrary medical records or other documents to disprove the claimant’s story.  Once the employer and insurer finish their respective cases, the judge will likely close the record.

The judge will not issue a decision at this time.  Instead, the parties will draft closing briefs to the judge which summarize their positions and highlights the documentary evidence tendered to the court. The judge will consider the briefs and weigh the evidence before it issues her findings of fact and conclusions of law.

Before an injured worker participates in an evidentiary hearing, it is vital that he or she is prepared by an experienced lawyer like the attorneys at the Ramos Law Firm. Otherwise, the injured employee is taking a big risk with his or her entitlement to weekly disability compensation or medical benefits.

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]]> http://www.ramoslawblog.com/2009/06/22/what-happens-at-a-workers-comp-hearing/feed/ 2 How long do I have to…file my claim, notify my supervisor, etc. http://www.ramoslawblog.com/2009/06/03/how-long-do-i-have-tofile-my-claim-notify-my-supervisor-etc/ http://www.ramoslawblog.com/2009/06/03/how-long-do-i-have-tofile-my-claim-notify-my-supervisor-etc/#comments Thu, 04 Jun 2009 01:59:04 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=848

If you are injured at work in Georgia there are several deadlines you should be aware of in order to preserve any potential workers’ compensation claim you may have.  First, you must give the employer notice of the injury within 30 days of the injury date.  (O.C.G.A. § 34-9-80).  You then have one (1) year from the date of injury or last remedial medical treatment to file your notice of claim with the State Board. ( O.C.G.A. §34-9-81).  Notice must be provided by filing a WC-14 with the State Board.

Those are the first two statutes  to be on the lookout for, however, there are several other important deadlines that will arise during the course of your claim.

For instance, one scenario you may run into is that if your benefits are suspended and you then have a change in condition for the worse, you must file a request for recommencement within two (2) years from the date of last payment of income benefits.  (O.C.G.A. § 34-9-104).

Also, claims for permanent partial disability benefits must be filed within four (4) years from date of last payment of income benefits.

These deadlines are vital to your case.  The attorneys at the Ramos Law Firm will track these statutes for you and make sure the appropriate action is taken on time.  Contact an attorney for a free consultation.

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]]> http://www.ramoslawblog.com/2009/06/03/how-long-do-i-have-tofile-my-claim-notify-my-supervisor-etc/feed/ 0 If I settle my Workers’ Compensation Claim, am I still entitled to my pension and retirement benefits? http://www.ramoslawblog.com/2009/04/28/if-i-settle-my-workers%e2%80%99-compensation-claim-am-i-still-entitled-to-my-pension-and-retirement-benefits/ http://www.ramoslawblog.com/2009/04/28/if-i-settle-my-workers%e2%80%99-compensation-claim-am-i-still-entitled-to-my-pension-and-retirement-benefits/#comments Tue, 28 Apr 2009 14:31:31 +0000 Adriana Sola Capifali http://www.ramoslawblog.com/?p=437 When an employee settles his or her workers’ compensation claim, the Employer/Insurer usually requires the employee voluntarily resign.  At the settlement, many employees become concerned about their pension and/or retirement benefits, such as flight privileges, monetary bonuses, health insurance coverage, disability insurance coverage and numerous other perks.  Often times, employees have worked hard for these benefits and do not want to forgo benefits that have taken years to earn.  Employees’ concerns about waiving rights to retirement benefits is valid, and such concerns should be discussed with a workers’ compensation attorney during the initial consultation.

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.

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]]> http://www.ramoslawblog.com/2009/04/28/if-i-settle-my-workers%e2%80%99-compensation-claim-am-i-still-entitled-to-my-pension-and-retirement-benefits/feed/ 0 Consideration Before Settlement http://www.ramoslawblog.com/2009/03/18/consideration-before-settlement/ http://www.ramoslawblog.com/2009/03/18/consideration-before-settlement/#comments Wed, 18 Mar 2009 14:04:39 +0000 James Timmons, Jr. http://www.ramoslawblog.com/?p=425 As we have discussed on our blog site on numerous occasions, the Workers’ Compensation Act provides somewhat limited remedies for people who have been injured at work. The limited nature of the remedy leads to what are sometimes surprisingly low settlement offers.  Based upon these low offers, the injured worker should probably take several things into consideration before deciding to accept an offer.

The first thing the worker should take into consideration is whether he/she believes that a return to work is possible. Obviously, there is a broad range of injuries that can occur at work.  Sometimes, they are quite minor and clearly will not affect any future employment.  On the other end of the spectrum, obviously some injuries can be so severe that as a practical matter, no future employment will be possible.  The employee must consider then whether the settlement is enough, considering the future employment potential.  Obviously, if the worker has another job lined up already, then a smaller settlement amount may suffice.

Another thing the worker must take into account is the fact that they will have to resign.  Very few employers will allow a workers’ compensation settlement without insisting on a resignation. Remember, though that a resignation is not just a surrendering of a position at the company.  It is surrendering benefits as well.  It is a good idea for the worker to consider all of the costs that will exist upon the resignation, such as health and dental insurance. The resignation will normally qualify the worker for COBRA coverage, but as anyone who has opted for this before will know, that can be extremely expensive.  It is also limited in time span such that once the COBRA expires, the worker is left to seek other insurance if new employment with benefits has not been obtained.  The resignation can also have great affects on a retirement plan.

Taking these factors under consideration are often steps that a worker is hesitant, or even unable, to take. The lawyers with the Ramos Law Firm will help you think through all of the ramifications of your workers’ compensation claim.  We can help connect you with financial planners and other professionals to get the best possible understanding of your financial status.  Having all of the proper information can help ease a worker’s mind about settlement and what the future may hold.

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]]> http://www.ramoslawblog.com/2009/03/18/consideration-before-settlement/feed/ 0 Help Me, Help You! – A Primer on Working with an Attorney http://www.ramoslawblog.com/2008/12/09/help-me-help-you-%e2%80%93-a-primer-on-working-with-an-attorney/ http://www.ramoslawblog.com/2008/12/09/help-me-help-you-%e2%80%93-a-primer-on-working-with-an-attorney/#comments Tue, 09 Dec 2008 21:24:41 +0000 Tiffany Yamini http://www.ramoslawblog.com/?p=227 Sustaining an injury at work can be a terrifying and confusing experience. Seeking medical treatment and ultimately paying for treatment only adds to the fear and confusion. Federal and Georgia law tries to minimize the fear and confusion through its Workers’ Compensation regulations. These government entities primarily developed their regulations for the benefit of workers and the protection of companies. Secondary to this development goal was making the Workers’ Compensation process easy for injured employees to understand and maneuver. Despite their efforts, some injured employees still find the whole process overwhelming and seek the help of a licensed attorney. State law fully supports seeking legal advice but it is important that the injured person (called the claimant when she is involved in a lawsuit) work closely with her attorney to ensure a fair resolution to a Workers’ Compensation claim.

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.

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]]> http://www.ramoslawblog.com/2008/12/09/help-me-help-you-%e2%80%93-a-primer-on-working-with-an-attorney/feed/ 0 Halloween 2008 – A treat for the State’s newest Bar members http://www.ramoslawblog.com/2008/11/03/halloween-2008-a-treat-for-the-states-newest-bar-members/ http://www.ramoslawblog.com/2008/11/03/halloween-2008-a-treat-for-the-states-newest-bar-members/#comments Mon, 03 Nov 2008 21:39:31 +0000 Gail Bailey http://www.ramoslawblog.com/?p=190 The Ramos Law Firm is pleased to announce our newest associate, Tiffany K. Yamini.  Mrs. Yamini, along with several of her classmates, received her passing Bar results on Halloween day.

Mrs. Yamini is a graduate of Mercer University and had previously clerked with our firm.  She now rejoins us to concentrate her practice on Medicare Secondary Payer Compliance and Lien Resolution.

Congratulations, Tiffany!

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