Ramos Law Firm Workers' Comp Blog » income benefits 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 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 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 What if I am terminated because of my injury? http://www.ramoslawblog.com/2010/01/25/1118/ http://www.ramoslawblog.com/2010/01/25/1118/#comments Mon, 25 Jan 2010 12:08:10 +0000 admin http://www.ramoslawblog.com/?p=1118 Many injured workers are terminated because of their work injuries. If this occurs, the law provides relief under the Workers’ Compensation Act.  In these cases the employee may be entitled to TTD benefits to help replace his income while he continues his job search.  There are certain deadlines to be followed and it may require the filing a WC-14 Request for Hearing.  As such, the guidance of an experienced workers’ compensation attorney is advised.

According to the Georgia Department of Labor, it is indicated that the state’s unemployment rate now matches its record high.  The new figures support that the unemployment rate is 10.3 percent.  The jobless rate also increased .2 of a percent point.  Additionally, Department of Labor Commissioner Michael Thurmond stated that the Georgia workforce shrunk by 121,527.

If you have been injured on the job and were terminated because of it, please contact the Ramos Law Firm.

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]]> http://www.ramoslawblog.com/2010/01/25/1118/feed/ 0 Workplace injuries sustained by manufacturing employees http://www.ramoslawblog.com/2010/01/09/workplace-injuries-sustained-by-manufacturing-employees/ http://www.ramoslawblog.com/2010/01/09/workplace-injuries-sustained-by-manufacturing-employees/#comments Sat, 09 Jan 2010 05:00:43 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1108 Injuries often occur in the manufacturing settings.  In December 2009, the U.S. manufacturing market expanded at the fastest pace in more than three years.  The Institute for Supply Management’s factory index rose to 55.9, the highest level since April 2006.  The stimulus-driven rebound in global demand is boosting orders that encourages producers to ramp up output and fuel a self-sustaining recovery. Workers often complain of hand and arm pain associated with carpal tunnel syndrome.  Others may experience traumatic injuries resulting in spinal herniated discs or tears in their rotator cuff.

At the Ramos Law Firm, our attorneys have represented these workers from its inception.  Please call our office for your free consultation.

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]]> http://www.ramoslawblog.com/2010/01/09/workplace-injuries-sustained-by-manufacturing-employees/feed/ 0 What benefits am I entitled to if my employer reduces my work hours and pay because of my workers’ compensation injury? http://www.ramoslawblog.com/2009/11/16/what-benefits-am-i-entitled-to-if-my-employer-reduces-my-work-hours-and-pay-because-of-my-workers-compensation-injury/ http://www.ramoslawblog.com/2009/11/16/what-benefits-am-i-entitled-to-if-my-employer-reduces-my-work-hours-and-pay-because-of-my-workers-compensation-injury/#comments Mon, 16 Nov 2009 05:03:20 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1040 When an employer reduces the injured employee’s hours or pay because of her workers’ compensation accident, the employer may be required to pay a portion of the difference between the average weekly wage before the accident and the average weekly wage after the accident.  The difference in these wages would be taken at a 2/3 rate of pay.  This is called temporary partial disability.  These benefits are calculated on a weekly basis.

In many situations, the employer will not voluntarily commence these benefits to the injured worker.  It is the injured worker’s responsibility to raise this issue with his or her employer.

The attorneys at the Ramos Law Firm understand this concept and have prosecuted many of these cases resulting in causal results for its clients.  If you’ve been injured on the job and you are now making less money because of your work injury, please contact the attorneys at the Ramos Law Firm.

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]]> http://www.ramoslawblog.com/2009/11/16/what-benefits-am-i-entitled-to-if-my-employer-reduces-my-work-hours-and-pay-because-of-my-workers-compensation-injury/feed/ 0 What does “normal”, “full”, or “regular” duty really mean in my GA Workers’ Compensation claim? http://www.ramoslawblog.com/2009/09/08/what-does-normal-full-or-regular-duty-really-mean-in-my-ga-workers-compensation-claim/ http://www.ramoslawblog.com/2009/09/08/what-does-normal-full-or-regular-duty-really-mean-in-my-ga-workers-compensation-claim/#comments Tue, 08 Sep 2009 16:03:50 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1035 In the world of workers’ compensation, the terms “normal duty”, “full duy”,  or “regular duty” work release has a significant effect on a work comp claim.  Essentially, the normal duty release allows the employer to unilaterally suspend income benefits.  In some cases, this regular duty release may give the employer the argument that no future treatment is warranted.  In other words, the employer will argue that the work-related injury has resolved or that the hurt employee is “cured.”  The Employer/Insurer will take the position that the hurt worker is back to “normal” as if the injury never occurred.

When a person is hurt at work and surgery or another invasive procedure is performed, a “cure” may be unlikely.  Interestingly, an injured employee may be issued “permanent work restrictions” but also be released to “full duty”, “normal duty” , or “regular duty” work.  This is a total ideological contradiction.  How can an injured worker have permanent medical restrictions and also be back to normal?

These inconsistencies will often confuse the injured worker.  Don’t be taken advantage of. The lawyers at the Ramos Law Firm can help you protect your rights.  Our lawyers are dedicated to Georgia Workers’ Compensation.  Call us now at 404-355-3431 for a free consultation.
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]]> http://www.ramoslawblog.com/2009/09/08/what-does-normal-full-or-regular-duty-really-mean-in-my-ga-workers-compensation-claim/feed/ 0 Georgia’s Injured Employees and Workers’ Compensation http://www.ramoslawblog.com/2009/08/16/georgias-injured-employees-and-workers-compensation/ http://www.ramoslawblog.com/2009/08/16/georgias-injured-employees-and-workers-compensation/#comments Mon, 17 Aug 2009 02:13:22 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1007 Generally, when an employee is injured in Atlanta or any other city in Georgia, the employee may be entitled to workers’ compensation benefits. These benefits are primarily made up of medical treatment as it relates to the work injury and income benefits to a certain point.

In most cases, the Employer may have a list of medical doctors from which the injured workers may obtain treatment.  These doctors may consist of occupational, orthopedic, or neurological specialists.  The Employer has the burden of having this list of doctors posted in a prominent place.  The Employee has the choice of selecting any doctor on this panel.  Also, the injured worker may also change or switch doctors one time without the Employer’s permission.

The income benefits are determined by averaging the injured employee’s weekly wages from the previous 13 weeks and taking 2/3rds of it. Moreover, the 2/3rds of this average weekly wage is capped depending on the date of the accident or injury. This is called the workers’ compensation rate.  If the injured employee is not making the maximum workers’ compensation rate, the Employer/Insurer is required to outline their calculations for the State Board.  It is important to scrutinize these numbers to ensure proper payment.

These workers’ compensation benefits should be started in a timely fashion as outlined by the law.  If you have been injured on the job and would like to discuss your claim, please contact the Ramos Law Firm for a free consulation with an expert in the field.

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]]> http://www.ramoslawblog.com/2009/08/16/georgias-injured-employees-and-workers-compensation/feed/ 0 Ramos Law Firm Attends Reception for Vice-President of Ecuador and Expands Latino Relations http://www.ramoslawblog.com/2009/07/30/ramos-law-firm-attends-reception-for-vice-president-of-ecuador-and-expands-latino-relations/ http://www.ramoslawblog.com/2009/07/30/ramos-law-firm-attends-reception-for-vice-president-of-ecuador-and-expands-latino-relations/#comments Thu, 30 Jul 2009 12:01:36 +0000 Gail Bailey http://www.ramoslawblog.com/?p=979 In an effort to expand the Firm’s relations within the Ecuadorian community, Bryan Ramos attended a reception for Lenin Voltaire Moreno Garces, the Vice-President of Ecuador, sponsored by the Ecuadorian-American Chamber of Commerce on July 27, 2009 at the World Trade Center Atlanta.  In his address to the community, Vice-President Moreno spoke about the country’s resources, advancement in technology, and economic status.

The Ramos Law Firm has handled many workers’ compensation claims involving injured workers from South America.  These workers, including those from Ecuador, are entitled to certain benefits when they are injured on the job.  These benefits include medical, rehabilitation, and income benefits in certain circumstances.  The Ramos Law Firm is equipped to handle workers’ comp claims from the Spanish-Speaking community.  Our lawyers have represented Latino workers since the inception of the Firm.  The Ramos lawyers have represented injured workers who have suffered injuries to their backs, necks, legs, heads, arms, and hands.  These lawyers also are well versed with the special obstacles of Spanish-speaking workers.
For more information, please visit our website and/or contact the Ramos Law Firm.

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]]> http://www.ramoslawblog.com/2009/07/30/ramos-law-firm-attends-reception-for-vice-president-of-ecuador-and-expands-latino-relations/feed/ 0 Payment of Weekly Benefits by Electronic Transfer http://www.ramoslawblog.com/2009/07/07/payment-of-weekly-benefits-by-electronic-transfer/ http://www.ramoslawblog.com/2009/07/07/payment-of-weekly-benefits-by-electronic-transfer/#comments Tue, 07 Jul 2009 18:23:23 +0000 Adriana Sola Capifali http://www.ramoslawblog.com/?p=464 A claimant may receive weekly income benefits, when an insurer voluntarily commences payment of benefits or when the Board orders payment benefits. Due to the financial pressures many claimants experience when they are unable to work or have suffered a loss in earning capacity due to their work-related injury, claimants often inquire as to how their weekly income benefits are paid.

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.

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]]> http://www.ramoslawblog.com/2009/07/07/payment-of-weekly-benefits-by-electronic-transfer/feed/ 0 When is the Right Time to Settle My Workers’ Comp Case? http://www.ramoslawblog.com/2009/06/05/when-is-the-right-time-to-settle-my-case/ http://www.ramoslawblog.com/2009/06/05/when-is-the-right-time-to-settle-my-case/#comments Fri, 05 Jun 2009 18:01:34 +0000 Adriana Sola Capifali http://www.ramoslawblog.com/?p=631 In our Georgia workers’ compensation practice, injured workers often ask, “when is the right time to settle my workers’ compensation claim?”   As the workers’ compensation scheme pays for medical treatment, it is often recommended that you reach maximum medical improvement (MMI) prior to settling your case.  In cases where you are not at MMI, the future costs of medical treatment may consume your entire settlement funds.

When considering resolution of your comp claim, you should consult with  your workers’ compensation  attorney in addition to speaking with your medical providers.  Specifically,  we recommend you determine the following:

  • what future medical treatment will be necessary;
  • what is the cost of future treatment; and
  • whether you will be able to return to gainful employment.

An attorney at the Ramos Law Firm I can assist in evaluating a claim to determine how  a  settlement will impact your ability to seek future medical treatment, return to work, and qualify for Medicare or Social Security Disability.

In some instances, it may be a good idea to secure a Functional Capacity Evaluation or an Independent Medical Evaluation (second opinion) to assist you with determining your future medical care.   A Functional Capacity Evaluation (FCE) consists of a comprehensive set of performance based tests, which are used to determine ability to work, ability to carry out daily living activities and ability to engage in leisure activities.  Whereas, an Independent Medical Evaluation (IME) is an exam by an independent medical doctor who will determine whether you can return to work, are fit for full or light duty work, or if there is an impairment rating.  Often times, an FCE or IME, will assist in projecting the settlement value of the claim.

Remember, there is no exact formula to calculating the value of a claim.  However, the settlement value of a claim may be maximized by working with an attorney and medical providers who are familiar with the evaluation of workers’ compensation claims.

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