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The first and most obvious will be the affect on the average weekly wage.  To determine the workers’ compensation rate, the State Board will review the preceding 13 weeks of income the injured employee earned from the date of accident.  Then two-thirds of the sum of the 13 weeks will be the claimant’s average weekly wage.  The claimant is entitled to a comp rate up to a certain amount (set by the Georgia legislature), which is dependent upon the date of accident.  For example, if a claimant’s injury was July 3, 2009 and her average weekly wage was $800, the comp rate would only be $500 despite the fact that 2/3 of $800 equals $533.36.  The excess $33.36 would not be included.  If the same accident occurred on July 3, 2006, the maximum comp rate would only be $450.

It is always better to strive for the maximum workers’ compensation rate despite the statutory waiver of the excess.  For example, if the claimant had a low average weekly wage of $500, then the comp rate would be $333.35.  This is also true in cases where the employee may return to work but for less hours because of the work injury.  In these situations, the claimant may be entitled to temporary partial disability.  The principal behind this form of recovery rests with the difference between the average weekly wage before the accident compared to the average weekly wage after the accident.  In some cases, the injured worker may be entitled to a portion of the difference. As you can see, a higher pre-injury average weekly wage may place the injured employee in a better position to recover higher temporary partial disability income benefits.

While the wage increase may raise average weekly wages, the down side may be found in the increase in layoffs all together.  Currently, Georgia has about a 10% unemployment rate.  If some business owners cannot afford the wage increase, I suspect that layoffs may be necessary.  Likewise, employers may look to terminate injured workers first and shift responsibility to the insurance company.  In these situations, the laid off and injured employee may have certain burdens to carry before he or she is entitled to workers’ compensation benefits.  Generally, this burden is called a “Maloney Burden” whereupon the injured employee must demonstrate that he or she conducted a diligent and sincere search for suitable employment within his or her restrictions.  This can be a tricky proposition at this time.

If you are “under work restrictions because of a work injury” and laid off, it may be best to consult with a lawyer from the Ramos Law Firm.  The consultation is free and the attorneys are not paid unless you receive a recovery.  Like other situations, there is a deadline (statute of limitations) to comply with; therefore, it would be best to contact us as soon as you are able.  For more information, please contact us at (404) 355-3431.

When an employee is injured on the job, he or she is either rushed to the hospital in severe cases or instructed to treat with “Concentra” or “Urgent Care.”  These places are industrial clinics that focus in minor occupational accidents.  If the injury requires more specialized care, the employee is often referred to an “orthopedic” doctor.  The term, ‘orthopaedic’, literally translates to “straightening a child” as if he or she had a broken bone.

Some orthopedists will exclusively focus their practice on particular body parts such as shoulders, knees, hands, elbows, or the spine.  These doctors also are referred to as practicing “sport medicine.”  These physicians may also perform the surgical repairs and may be instrumental in developing and monitoring the coordination of physical therapy and other modalities of recovery.

In the greater-Atlanta area, groups such as the Peachtree Orthopaedic Clinic, Resurgens Orthopaedics, and Dominion Orthopaedics are common players in the workers’ compensation realm.  These groups are often on the Employer’s “panel of physicians.”  It is important to remember that an injured worker has the right to choose his or her doctor from this panel or list of doctors.  Understand that your health is at issue and you should take an active role in the medical care.  It is also very important to know the doctor’s reputation as being a “patient advocate” or someone directed by the insurance company.  It is also prudent to inquire with the State Medical Examiners Board to determine if any of these doctors are in good standing or if they have ever been disciplined by the State.

The ultimate goal of all treatment is achieve a “cure”, or at least get you better to return to work in some capacity.  More often than not, a “cure” is only an ideal.  Lingering pain and chronic discomfort are common symptoms that may last a lifetime.  However, the issue is whether you are able to return to work from a medical standpoint.  Obviously, this is a question for the treating doctor based on the medical evidence.

In some instances, doctors may prematurely release the injured worker back to work when the employee remains disabled.  In these unfortunate cases, the worker is at a disadvantage.  He or she is faced with either risking further injury by returning to work or face a termination (of benefits or the job) for failing to report to the job site.  In these situations, it would be prudent to consult with a lawyer who practices workers’ compensation law.  At the Ramos Law Firm, the consultation is free and confidential.  If you would like to speak to an attorney about your case, please call 404-355-3431 to arrange an appointment.

The Ramos Law Firm was founded in April of 2005. Later that year we began examining ways to become more efficient. By January of 2006 we had purchased and implemented several pieces of equipment and computer software to help us achieve that goal. These items include a software program designed to facilitate the management of our clients’ cases. This case management software, in combination with other programs, allows us to have access to all file material whether we are at our desk or across the state.

One tool used to accomplish this “paperless” “less paper” office is the scanner. The scanner allows us to cut down on the number of copies we make, reduces the paper cost and the amount of postage used.  Since these are charges that law firms routinely charge their clients for, we have lowered clients’ costs by implementing these changes.

If you have been injured at work in Georgia, call an attorney with the Ramos Law Firm for advice.