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.

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.

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.

In Georgia, the State Board of Workers’ Compensation cited that over 35,550 weekly benefit claims were made.  Over 121 thousand medical claims were made stemming from work-related accidents.  The workers’ compensation board also reported that almost $600 million dollars of weekly benefits were paid in 2007 and almost $700 million dollars were spent on medical benefits.

If you have been injured on the job, it is important that your claim be counted and proper compensation be allowed under the law.  Work place injuries may be the result of repetitive work  duties or they may arise from sudden traumatic experiences.  Proper reporting and representation are crucial in securing your claim and entitlement.  Call the Ramos Law Firm now for your free consultation (404) 355-3431.

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.

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.

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.

Assuming that an employee has a wage-continuation plan or sick leave policy, the employer should offer the employee the choice to receive either the sick leave OR the workers’ compensation benefits after the employee is injured.  In most cases, the wage-continuation plan/sick leave will be equal to the employee’s salary which is usually more than temporary total disability benefits (TTD).   Therefore, most employees will elect to receive the wage-continuation benefits over the workers’ compensation benefits (TTD).

It is important for the employee to understand that when the employer offers the employee both types of benefits, the employee must select one in lieu of the other.  In other words, they cannot select one now and use the other later.  If the employee elects to receive benefits under the wage-continuation plan, the employee will not receive the workers’ compensation benefits and the employer can request a credit for the workers’ compensation benefits.  Under the law, employees are offered 400 weeks of workers compensation benefits.  When an employee chooses his wage-continuation plan, the employer can obtain a credit pursuant to O.C.G.A. § 34-9-243 which starts the clock ticking for the 400 weeks of workers’ compensation benefits.

As for grandchildren, O.C.G.A. § 34-9-13(d) states that in all other cases, questions of dependency shall be determined in accordance with the facts at the time of the accident.  Also, no compensation shall be allowed unless the dependency existed for a period of three months or more prior to the accident.

Facts: An employee gets injured while working on September 11, 1998.  He received workers’ compensation benefits for his injury.  On February 14, 2000, the employee’s grandson moved into his home to live.  On August 17, 2006, the employee’s injury was deemed as catastrophic.  On October 2, 2006, the employee dies due to complications related to his work injury.  Is the grandson eligible considered a dependent and entitled death benefits?

If we apply the workers’ compensation rules to our fact pattern, the grandson that moved in with the employee on February 14, 2000 is NOT eligible for death benefits.  While the grandson would be considered a dependent if he moved in and received financial support from his grandfather/employee, he was not a dependent at the time of the accident on September 11, 1998.  Dependency is determined at the time of the accident which in this case was 2 years before the grandson moved in with his grandfather.

Assuming the claim is compensable, the Employee may receive two-thirds of his average weekly wage, but not more than $500.00 for an accident which occurred on or after July 1, 2007.

Employees are entitled to weekly income benefits if they are unable to work for more than 7 days. The first check should be mailed within 21 days after the first day of missed work. If the Employee misses more than 21 consecutive days, then he will be paid for the first week.

In terms of medical treatment, the Employer or workers’ compensation insurance carrier will pay for the authorized medical treatment if the treatment was for an on-the-job injury. These expenses generally include hospital bills, physical therapy, prescriptions, and necessary travel expenses if the injury or illness was caused by an accident on the job. These medical benefits last until the injury has resolved or in some cases for the Employee’s life.

If the Employee is able to return to work at the regular pay, then the income benefits should be suspended. However, if the Employee returns to work at a lesser rate of pay, then he may be entitled to receive a reduced benefit based upon his earnings. This benefit will not exceed $334.00 if his accident occurred on or after July 1, 2007.

These income benefits may last up to 400 weeks, or 350 weeks if the Employee has been reduced to Temporary Partial Disability benefits. O.C.G.A. §§ 34-9-261 and 262. If the injury is severe and the Employee may never return to work, she may be entitled to lifetime income benefits.

In certain circumstances, the authorized treating physician may determine that the Employee is entitled to an “impairment rating” in proportion to the diminishment of the normal use of their body. These ratings are based upon Guides to the Evaluation of Permanent Impairment, 5^th Edition, published by the American Medical Association. In these cases, the legislature has devised a compensation system that works in conjunction with the physician’s rating. O.C.G.A. § 34-9-263.

In the worst case scenario where an Employee dies as a result of the work injury, the Employer would be responsible for certain burial and funeral expenses. Also, the Employee’s dependants may be entitled to benefits.