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.

Unfortunately, this is a common problem.  The workers’ compensation law provides that this injured Thomaston worker is entitled to medical treatment at the Employer/Insurer’s expense.  Moreover, the hurt employee is not limited only to treatment at Upson Regional Medical Center.  If the treatment for the back injury requires specialized treatment, the Employer/Insurer would be responsible for that treatment as well.

In addition, if the employee could not return to work because of his work injury, or even was fired because of his work injury, then the Employer/Insurer would be responsible to pay for the employee’s weekly income benefits.  Unfortunately, these benefits are limited by the “workers’ comp rate” and the injured worker’s “average weekly wage.”  This determination is made on a case by case basis.

If you have been injured on the job and you would like a free consultation, please contact the Ramos Law Firm at (404) 355-3431.

Not everyone would consider being in the school a high risk job but consider the cafeteria workers who deal with food in bulk meaning heavy lifting and repetitive motion. These workers often experience injuries such as carpal tunnel, back injuries and shoulder injuries.

Special education teachers are also among the high risk category as their job often involves a physical aspect in lifting and restraining children, pushing wheelchairs and more.

There also workers who commute or travel that will be impacted by the higher traffic volume on the roads. The increased traffic means more employees may be involved in automobile accidents which may be related to their job. This would include the thousands of bus drivers employed in the state.

If you have been injured on the job, give our law firm a call today to schedule your free consultation.

In our case, an employee was responsible for cleaning the airplane cabins.  As she was being transported to the airplane, the truck was involved in an accident.  As a result, she and two other employees were injured.  The injuries involved pains in her back, neck and head.  She also missed time from work.

Generally,  the Employer/Insurer may control medical treatment if

1. it properly posts a valid panel of physicians, and
2. it trains its employees as to the use and function of the panel.

If it did not do both of these steps, the injured employee may select her own doctor.   Medical treatment is very important to a workers’ compensation case as it provides the best chance for the injured worker to heal from the occupational injury.  Moreover, quality medical treatment provides the best chance for the hurt worker to return to work and regain his or her quality of life.  Sometimes, it appears that the Employee’s “panel” doctors are biased and favor the employer.  Having the power to select your physician is very important.

If you have been hurt at work and believe you have the right to select your physician, please contact the Ramos Law Firm.

If two-thirds of the average weekly wage amounts to less than $500, the Employer/Insurer must reveal to the State Board of Workers’ Compensation its calculations through a board form WC-6.  Here the Employer/Insurer is obligated to list the employee’s wages for 13 weeks prior to the accident.  Often times, employees hurt on the job simply accept the Employer/Insurer’s calculations.  However, we believe that the injured employee should verify their numbers to determine if the weekly amount of money provided is accurate.

If you have any questions about your average weekly wage or other money benefits you think you may be entitled to, please contact the Ramos Law Firm at 404-355-3431.

HOWEVER, merely ingesting an intoxicating liquor, even being “under the influence” to a degree is not a complete bar to workers’ compensation benefits.  The injured worker must be able to prove he or she was not “intoxicated” and the alleged “intoxication” was not the legal cause of the injury.

These cases are very technical and fact specific.  Predictably, the workers’ compensation insurance company will likely take a hard line stance in these cases.  However, injured workers can win these cases.  For a free consultation, please contact the Ramos Law Firm.

1. what happened;
2. the time and date it happened;
3. the names of the witnesses;
4. the people involved;
5. what caused the accident;
6. all the injuries which resulted from the accident;
7. who the hurt worker’s supervisor was at the time;
8. what the supervisor told the injured employee as to medical treatment and job status;
9. medical instructions given by the doctor; and
10. the identity of all the doctors he has seen relating to the accident.

The judge will put a lot of emphasis on the initial reports of the accident.

Also, a sure fire way to mess up your case is to miss doctors appointments.  By doing this, the State Board of Workers’ Compensation will think that you do not need medical treatment and that you have no disability.  On the same token, the injured employee should not exaggerate, nor should he hide, the pain and limitations that has resulted from the work injury.  Again, I recommend keeping a journal or diary with the injured workers to document the type of pains he is having.  Many of my clients will say, “I forgot to tell the doctor about . . .”  It is best to come into the medical appointment prepared.

Furthermore, take down your social media pages.  Forget the facebook and twitter updates.  The insurance companies may have hired private investigators to see what you are up to and to see if they can twist your “status updates” into evidence against your case.  Be smart about what you post. . .

I am sure there are others but these seem to be on my mind.  If you have a question about your workers’ compensation injuries, please feel free to contact my firm for a free consultation.

If you have been injured on the job and desire a free consultation as to your workers’ compensation benefits, please contact the Ramos Law Firm at 404-355-3431.

Presumably, the employer may have the regular defenses shielding it from accidents caused by the employee’s intoxication, horseplay, or other willful misconduct. It will be a very fact sensitive analysis that will determine whether the employee can recover benefits. If you’ve been injured and need your case evaluated, please call us now (404)355-3431.

O.C.G.A. § 34-9-221(a) states that income benefits shall be paid in the following forms: cash, check or electronic transfer of funds.  The standard practice is that the insurer will pay weekly income benefits in the form of a check.   In the past, for payment to be made in the form of an electronic transfer, the Georgia Workers’ Compensation Act required the filing of an application for an exception with the State Board.  However, recently the Georgia Workers’ Compensation Act was amended to allow for electronic transfer of weekly income benefits if both the insurer and claimant are in agreement. O.C.G.A. § 34-9-221(b).

Although the Georgia Workers’ Compensation Act has made a provision for electronic transfer of income benefits, this payment method is rarely used due to technological challenges faced by insurers.  Transitioning from mailing paper checks to electronically transferring funds into claimants’ bank accounts requires insurers update their technology which is expensive and often a slow process.  However, with the mainstream movement to go green and promote a paperless work place, more and more insurers may begin to offer the option to electronically transfer of funds to claimants.