Recently, we received a phone call regarding an injured worker in Thomaston, Georgia. He was treated at Upson Regional Medical Center and then he was left on his own for medical treatment. The hurt worker (more…)
indemnity benefits
Money benefits in workers’ compensation claims
When an injured worker is not able to return back to work because of his or her work injury, the hurt employee may be deemed “totally disabled.” Should this occur, the employee hurt at work may be entitled to money benefits under (more…)
Back injury cases
An injury to an employee’s back or neck can happen suddenly, or over time. For example, many back injuries suddenly occur such as lifting heavy boxes of paper, beverages, or construction material. This immediate pain is also accompanied by a limited range of motion and missed time from work. In these situations, the injured employee may have suffered a herniated disk that may require surgery or aggressive therapy.
Alternatively, workers may have gradual injuries analogous to the proverbial “straw that broke the camel back” These injuries may take time to manifests itself or become “symptomatic”. The question will be whether the employee’s job duties caused or contributed to the employee requiring medical treatment or missing time from work. This analysis will be fact sensitive and may be a question for the treating doctor.
Regardless of whether the on-the-job back or neck injury was “traumatic” or “gradual”, the injured worker is entitled to medical treatment, and in some instances, income benefits.
If you have injured your back at work and would like a free consultation as to your workers’ compensation rights, please contact the Ramos Law Firm.
Workers’ Compensation statistics
In 2008, The Bureau of Labor Statistics found that almost 3.7 million nonfatal injuries and illnesses occurred on the job throughout the United States.
In Georgia, the State Board of Workers’ Compensation cited that over 35,550 weekly (more…)
What if I am terminated because of my injury?
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 (more…)
What benefits am I entitled to if my employer reduces my work hours and pay because of my workers’ compensation injury?
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 (more…)
How long do I have to…file my claim, notify my supervisor, etc.
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 (more…)
Are grandchildren considered dependents and eligible to receive death benefits?
In society today, it is not unusual to see grandchildren living with their grandparents. Under the workers’ compensation laws are grandchildren considered dependents? Biological children of an employee that are under age 18 are considered dependents. Pursuant to O.C.G.A. § 34-9-13, a “child” also includes dependent stepchildren, legally adopted children, posthumous children, and acknowledged children born out of wedlock. Married children are not considered dependents.
As for grandchildren (more…)
What Benefits May the Employee Receive?
Employees are potentially entitled to the Five Pillars of Workers’ Compensation: (i) Temporary Total Disability; (ii) Temporary Partial Disability; (iii) Permanent Partial Disability; (iv) Medical care / treatment; and (v) Rehabilitation care and counseling.
Assuming the claim is compensable, the Employee may receive two-thirds of his (more…)
