• 37,167 “new claims” were generated for weekly income benefits.
• Over $843 million dollars were paid in indemnity benefits. It is important to note that these payments included indemnity claims generated before 2010.
• Over 97,000 “medical only” claims were reported. In this situation, the injured worker required medical treatment but did not miss time from work (at least in theory).
• Over $94 million dollars were paid to medical facilities such as Concentra, Choicecare, occupational and industrial clinics, or various emergency rooms for these “medical only” claims.
• Over $674 million dollars were paid out to hospitals and medical facilities in 2010.

If you have been injured on the job, call the Ramos Law Firm now for your free consultation. Our workers’ compensation firm is headquartered in Atlanta, Fulton County, and we handle matters throughout Georgia.

Help with your Georgia workers’ compensation claim is only one step away.  Contact us at (404) 355-3431, via e-mail or our online chat.

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.

1. Was the Delta employee doing his or her job; and
2. Did the job cause the work accident / injury?

If yes, the Delta worker who hurt himself is entitled to workers’ compensation benefits. These benefits include medical treatment as it relates to the work accident, as well as income benefits for the lost time.  However, the income benefits amount to only two-thirds of the Delta worker’s average weekly wage, up to $500.

It is common for airline employees to suffer injuries to their backs, neck, arms, hands (carpal tunnel), knees, or eyes.  When this happens, it is crucial that the accident or injury is reported to the supervisor and medical attention is given.

If you have been hurt at the airport and you want to discuss your workers’ compensation rights, please call 404-355-3431 for a free consultation.

With that being said, an injured employee and the Employer/Insurer may settle the claim by agreement.  There are two types of settlement:  (1) compromise and (2) no liability.

A compromise “stipulation” is the vehicle used when the Employer/Insurer has accepted liability and there is a “bona fide dispute” as to future or past benefits.  The compromise stipulation include a discussion of the medical treatment as well as the contentions of both parties.  The “no liability” stipulation is used when there has been no finding of liability and the parties agree not to pursue a claim under the Workers’ Compensation Act in exchange for money settlement.  The parties will keep a contract between them regarding the same.

Both types of settlements must approved by the State Board of Workers’ Compensation.  Once the settlement has been approved, the Employer/Insurer must pay the settlement within 20 days or sooner.

If you have questions about settling your workers’ compensation case, and you would like a free consultation, please feel free to contact the Ramos Law Firm at 404-355-3431 or via email.

Nationally, approximately $183 billion dollars were spent on workers’ compensations claim in 2008 according to the National Safety Council.  These costs included payment for medical bills as well as lost work days.  In fact, it is estimated that 3.2 million claims were made in 2008.

As you can see, workers’ compensation is big business.  In fact, many insurance companies have teams of lawyers and “adjusters” on their payroll just in case someone files a claim.  These insurance companies have sophisticated systems designed to make it difficult for injured workers to receive benefits.  If you have been injured at work, it is important to realize that the insurance company will not have your best in interest in mind.  In fact, they have every reason to deny your case just to save a few dollars for their company stockholders.

Remember, they are in the business of denying your claim and benefits.  If you have a work injury, don’t try to handle your claim alone.  If you would like a free consultation about workers’ compensation, please contact Bryan Ramos at the Ramos Law Firm in Atlanta, Georgia, 404-355-3431.

The classification and determination of whether you are an owner-operator or employee of one can be complicated. If you have been injured in any trucking accident and need some clarification as to what your options are, please contact the Ramos Law Firm at (404) 355-3431 for your free consultation.

For example, let’s consider the untimely death of a security guard. As you know, the hazards that face security guards are generally higher than that of an average worker. In 2007, there were 84 fatal occupational injuries reported among security guards. 51% of these deaths were due to homicides.* These types of security jobs include store and facility guards, bodyguards, bouncers, and watchguards.

If the security guard has children under the age of 18 years old or a spouse, the workers’ compensation benefits would flow to them.

If the security guard has no dependents, then the Employer must pay the State Board “one-half of the benefits which would have been payable” to the dependent or $10,000, whichever is less. See, O.C.G.A. § 34-9-358(a).

The same would apply if the worker was in a lower risk job as well such as a delivery driver, teacher, or a doctor.

The Ramos Law Firm has handled several death claims with dignity. If you have found yourself in this unfortunate situation, please call our office for a free consultation today, (404) 355-3431 or email.

* According to the Bureau of Labor Statistics, in 2007, there were 84 fatal occupational injuries reported among security guards.  A great number of these fatalities were the result of homicide.  In fact, 51% of deaths were due to homicides.  This is staggering as only 11% of all other workplace deaths were homicide related.  Of the 51% of the homicides committed in 2007 against security guards, 47% were committed by a customer or client of the business the guard was protecting.

If an employee suffers one of these accidents, he or she may be entitled to workers’ compensation benefits regardless of who was at fault.  In a workers’ compensation claim, the primary question is whether the accident or injury arose out of and in the course of the worker’s employment.  In other words, was the accident or injury in the scope of your job?  If so, the employer is generally eligible for workers’ compensation benefits.

As illustrated earlier, if a restaurant hostess, cook, or waitress (who was on the clock) slipped on an icy patch near or at the restaurant, the accident would likely be covered under workers’ compensation.  It does not matter if the worker was “at fault” or if he or she was not wearing the proper shoes at the time.  There are exceptions to this general rule.  For example, if the employee was intoxicated or engaged in “horseplay”, the claim would likely be denied.

Additionally, if the worker just parked her car and she slipped on the ice in the parking lot, that accident would likely be covered under workers’ compensation. The same is true if the employee is walking to her car after her shift and slipped in the employer’s parking lot.  In these situations, the closer the injury occurred while still “on the clock” the more likely the claim will be accepted under workers’ compensation.

By the same token, if the employee was involved in a car or motor vehicle accident while delivering goods or services, the accident may be covered under workers’ compensation.  Again, this is regardless of whether the employee was at fault.  The exceptions to this rule are when the “accident” was intentionally or recklessly caused by the employee, or if the employee was intoxicated and the intoxication caused the accident.  For example, consider a pizza delivery person in route to a delivery.  He slides on an icy patch of the road and hits a telephone pole, or he is hit by another driver.  The pizza delivery person injures his back as result of the accident.  This injury would likely be covered under workers’ compensation, and he would be entitled to medical and income benefits.  Also, if he was not at fault, he may also have a claim against the other driver in addition to workers’ compensation.

If you have suffered a work injury during the ice storm in Georgia and would like a free consultation as to your workers’ compensation rights, please contact the Ramos Law Firm at 404-355-3431 or email us.

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.

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.