Ramos Law Firm Workers' Comp Blog » injured worker

Administrative Law Judge (ALJ) Teleconference Initiative

Bryan Ramos — Tue, 31 Jan 2012 21:49:05 +0000

In an effort to “expedite” the resolution of certain issues, the State Board of Workers’ Compensation has recently implemented a “conference call” vehicle to assist injured workers and insurers.

Essentially, attorneys may call the Board and request a conference call with the presiding administrative law judge (ALJ) assigned to the claim. If there is no ALJ assigned to the case, the State Board of Workers’ Compensation will assign a case accordingly. These ALJ’s are empowered to address the resolution of medical issues or other claims that have NOT been “controverted” by the Employer/Insurer. The primary purpose of this vehicle is to reach an answer without an evidentiary hearing. The Board has included issues such as problems obtaining medication prescribed by the authorized treating physician; payment of unpaid medical bills; or accidental suspension of benefits. The Board also indicated that this conference call vehicle should NOT be used for change of physician requests or other issues where the submission of evidence is required.

If one party requests the conference call, the other party’s participation is mandatory unless otherwise excused by the presiding judge. Once the conference call is scheduled and the parties are notified via email to initiate the call, failure to participate may result in monetary penalties. The Board requires 24-hour prior notice and a valid reason to avoid potential sanctions. The workers’ compensation board “encourages” all parties to work together with the judge’s calendar.

It is the Ramos Law Firm’s hope that this new vehicle will assist injured workers’ in securing prompt medical treatment or resolution of a pending issue in his or her workers’ compensation claim.

Sears Closes Stores

Bryan Ramos — Wed, 04 Jan 2012 06:05:00 +0000

Sears announced that it will close six Georgia stores as follows: Sears in Macon; Kmart in Atlanta, Buford, Columbus, Douglasville and Jonesboro. Florida will be hit the hardest by the closing of Sears and Kmart stores, losing 11, according to a preliminary list of 79 planned closures released Thursday. Ohio and Michigan have six store closures planned in their states. Tennessee, North Carolina and Minnesota are set to lose four stores each.

In Georgia, we suspect that these closures will produce a substantial amount of lay-offs including employees injured on the job. It is important to note that these injured employees who have been laid off have certain responsibilities before workers’ compensation benefits are started. It is recommended that these injured employees return to their authorized treating physician immediately. This will help certify their work restrictions. Subsequently, we recommend that the laid off and injured workers begin to document a search for employment within the recently certified work restrictions. Additionally, it would be prudent to seek unemployment benefits.

Those Georgia workers’ desiring a free consultation regarding their rights under workers’ compensation should call the Ramos Law Firm.

What is compensation for permanent partial disability (PPD)?

Bryan Ramos — Thu, 27 Oct 2011 10:50:22 +0000

Georgia law defines PPD as a disability partial in character but permanent in quality resulting in a loss or loss of use of body members or from the partial loss of use of the injured employee’s body. In other words, the PPD rating is a medical assessment of the work injury permanently affecting the injured worker’s range of motion or overall body functioning.

Generally, the PPD rating is issued by the authorized treating physician after the injured employee reaches “maximum medical improvement” where the employee is “about as good as he or she is going to get.” The physician will make the determination of the PPD rating by using the American Medical Associations’ Guide to Impairment. This rating will be issued in percentage compared to overall functioning.

Georgia’s Workers’ Compensation Act provides compensation in relation to the physician’s impairment assessment. This table is found in O.C.G.A. §34-9-263. In certain circumstances, doctors may disagree as to the ratings and they can differ. Also, you may have the option of seeking a second opinion. If you have any questions about the PPD rating, please contact the Ramos Law Firm at 404-355-3431.

Money benefits in workers’ compensation claims

Bryan Ramos — Thu, 04 Aug 2011 12:38:38 +0000

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 O.C.G.A. § 34-9-261. The amount of money the employee would be entitled to depends upon his or her average weekly wage. The law provides that the employee may receive two-thirds of the average weekly wage. However, the workers’ compensation law provides that the maximum amount the employee may receive on a weekly basis is $500 presuming the injury occurred on or after July 1, 2007. This is regardless of how much the hurt employee was making. O.C.G.A. § 34-9-260.

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.

Messing up my workers’ compensation case

Bryan Ramos — Tue, 05 Jul 2011 19:08:58 +0000

Recently, I had a Piedmont Hospital employee ask me how most clients “mess up” their workers’ compensation case. After some thought, I advised her that the most common issue clients have is not accurately or comprehensively reporting the accident AND injuries to their supervisors. I advise some employees hurt at work to take a moment and actually write down what happened for themselves. These employees should keep in their detailed diary or journal:

what happened;
the time and date it happened;
the names of the witnesses;
the people involved;
what caused the accident;
all the injuries which resulted from the accident;
who the hurt worker’s supervisor was at the time;
what the supervisor told the injured employee as to medical treatment and job status;
medical instructions given by the doctor; and
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.

Cagle’s to Close Pine Mountain Facility

Bryan Ramos — Wed, 29 Jun 2011 18:21:01 +0000

Poultry workers employed at Cagle’s may be faced with added problems as Cagle’s will eliminate 300 positions at its Pine Mountain Valley, Georgia facility. It is uncertain if these workers include those who have been injured on the job. Essentially, these jobs will be primarily the “second shift”. If the Cagle’s worker’s job is eliminated while he or she is on light or modified duty restrictions, the employee may be entitled to workers’ compensation benefits. The rate of payment will depend on the worker’s weekly wage.

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.

Valentine’s Day brings joy to most but can mean injury for others

Bryan Ramos — Mon, 14 Feb 2011 13:00:00 +0000

Thousands of people will be rushing to their favorite romantic restaurant this week for Valentine’s Day. In preparing for these meals, restaurant workers will be working very hard and have a greater likelihood of being injured. The Ramos Law Firm represents restaurant workers hurt on the job. Many of these employees are kitchen workers who experience burns to their hands, arms and face. Others have hurt themselves carrying food supplies in and out of the stock room. Also, some workers slip in the kitchen while many servers may fall during the delivery of the food.

Common restaurant injuries are knee twists and sprains; back strains and herniations; and burns. When such a work accident happens, it is important to report the injury to the supervisor in charge. Presuming the injury occurred on the job, the injured employee has the right to seek medical treatment. If the injury is severe enough that the employee misses time from work, the injured worker may be eligible for income benefits.

If you have been injured while working in the restaurant industry and you want a free consultation about your rights under workers’ compensation law in Georgia, please contact the Ramos Law Firm at 404-355-3431 or email us.

Airline Employee Injured on the Job

Bryan Ramos — Sat, 29 Jan 2011 14:00:00 +0000

Airline workers such as Delta employees, Airtran workers, and baggage handlers for both airlines are generally covered under workers’ compensation. If you have been injured on the job, you are entitled to immediate medical treatment. It is important to report the injury to your supervisor and accurately explain how the injury happened as a part of your job. There is a chance that your employer may require a drug screen. While the Employer has pre-selected a list of doctors you may treat with, you have the power to select your physician. If you are missing time from work, you may also be entitled to weekly income benefits as outlined in the workers’ compensation law.

Our firm has experience in handling claims where employees injured themselves inside the terminal, on the tarmac, and even during flight. These injuries involved eye claims, back herniations, carpal tunnel surgery, hearing damage, and knee replacements. Our firm is equipped to handle clients who have worked as airplane mechanics, pilots, ground crews, hangar workers, shuttle bus drivers, ticketing clerks, and food service employees such as Atlanta Bread Company workers.

Don’t be left guessing whether or not you are entitled to workers’ compensation benefits, call our firm today for a free consultation at (404) 355-3431.

Have you been injured while working as a Nurse in Georgia?

Bryan Ramos — Sat, 22 Jan 2011 12:44:20 +0000

A recent Bureau of Labor Statistics study showed that registered nurses, nursing aides, orderlies, and attendants experienced more musculoskeletal disorders and back injuries than any other profession. This study supported that 12 percent of nurses in a hospital setting suffer these injuries. Moreover, 17.3 percent of nurses in a nursing home setting experience these work-related injuries. This should not be surprising as nurses are often responsible for the physical care of the patients.

If the injury occurred while the nurse was in the course of his or her employment, he or she is entitled to medical care and weekly compensation if work time is missed. It is important to report the injury immediately and begin documenting the “chart” of the claim as soon as possible. Many times, these large healthcare employers and their insurance companies will deny responsibility for the work injury. It is best not to go at them alone. Call the Ramos Law Firm at 404-355-3431.

At the Ramos Law Firm, we have represented many nurses and have secured favorable results. If you have been injured while taking care of a patient or while doing your job, call us for a free consultation.

Nurses are on the “frontline” of care. However, when you get hurt, who takes care of you? Whether you are working for Atlanta Medical Center, Piedmont Hospital, Maxim Healthcare Services, or UHS Pruitt, nursing employees are entitled to workers’ compensation benefits.

Call the Ramos Law Firm today for your free consultation at 404-355-3431 or email us today.

Injured While Working on a Constrution Site in Georgia?

Bryan Ramos — Mon, 17 Jan 2011 02:43:17 +0000

Many work place accidents occur at the construction sites in Atlanta as well as any other Georgia city or town . It is important to understand that these injuries are not “just part of the job”. These injuries must be reported appropriately and these workers should receive quality medical treatment. Many construction employees feel irritated, frustrated, or overwhelmed by the workers’ compensation process. Employers may even “fire” or terminate these injured workers because of the injury.

Whether you are working for Turner Construction, Blount Construction Company, or Balfour Beaty, construction workers have rights under the workers’ compensation laws in Georgia. The injured employee has the right to seek medical treatment and compensation for any time missed because of the work injury. However, these companies may contest your right to these basic benefits. In fact, these companies have lawyers on retainer dedicated to denying your claim. Don’t attempt to take them on yourself, call the Ramos Law Firm.

At the Ramos Law Firm, we have the experience to handle your workers’ compensation claims against these large companies. Our lawyers were trained by the insurance law firms and understand their motives. We use this unique expertise to further your claim and secure the recovery you deserve.

Schedule your free consultation today, 404-355-3431 or email us.