Ramos Law Firm Workers' Comp Blog » medical benefits

Workers in the automotive industry at risk for more than just blunt trauma injuries

Bryan Ramos — Tue, 10 Jan 2012 20:02:09 +0000

As of January 3, 2012, Kia Motors Manufacturing in Georgia indicated that it finished its $100 million expansion to boost annual production. Automotive jobs are labor intensive and often dangerous. While the obvious, blunt traumatic injury occurring on the job should be covered under workers’ compensation, repetitive motion injuries are also covered under the workers’ compensation system. For example, carpal tunnel syndrome or rotator cuff tears are common injuries that autoworkers experience. While there is no one “accident” that caused the repetitive injury, the continuous use of the hands or arms may have had a cumulative effect precipitating the injury. These injuries could also affect the legs and feet. For example, instead of carpal tunnel syndrome, the injured worker may have “tarsal” tunnel syndrome.

Proving these occupational injuries can be challenging. In short, the workers’ compensation judges will rely on the medical evidence, the injured workers’ reports to the supervisor or the human resource departments, as well as the type of job the employee had. Furthermore, the workers’ comp judge will consider how long the employee was working that job. The longer the injured employee worked the repetitive motion job, the better chances he or she has in proving the claim.

If you have been hurt while working on an assembly line at Kia or any other Georgia employee and you would like a free consultation about your workers’ compensation rights, please contact 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.

Injured in Thomaston, Georgia

Bryan Ramos — Tue, 25 Oct 2011 18:32:29 +0000

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 injured his back and reported it to his supervisor. However, nothing was done so he “figured” that he was not entitled to additional medical treatment.

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.

Georgia Workers’ Compensation Payments Made in 2010

Bryan Ramos — Mon, 19 Sep 2011 15:17:21 +0000

Georgia’s State Board of Workers’ Compensation released a “capsule look” at the 2010 financial information relating to workers’ compensation income and “medical only” benefits paid in 2010. The report was based on the self-reported data provided by self-insureds and insurance companies. The report indicated that:

37,167 “new claims” were generated for weekly income benefits.
Over $843 million dollars were paid in indemnity benefits. It is important to note that these payments included indemnity claims generated before 2010.
Over 97,000 “medical only” claims were reported. In this situation, the injured worker required medical treatment but did not miss time from work (at least in theory).
Over $94 million dollars were paid to medical facilities such as Concentra, Choicecare, occupational and industrial clinics, or various emergency rooms for these “medical only” claims.
Over $674 million dollars were paid out to hospitals and medical facilities in 2010.

If you have been injured on the job, call the Ramos Law Firm now for your free consultation. Our workers’ compensation firm is headquartered in Atlanta, Fulton County, and we handle matters throughout Georgia.

Help with your Georgia workers’ compensation claim is only one step away. Contact us at (404) 355-3431, via e-mail or our online chat.

Does an injured worker have the right to a second opinion or independent medical evaluation?

Bryan Ramos — Tue, 19 Jul 2011 17:08:15 +0000

Generally, an employee has the right to one independent medical examination with a physician of the injured worker’s choosing. The doctor must be in Georgia or within 50 miles of the injured worker’s residence. This second opinion or independent medical evaluation will be at the expense of the Employer and Insurance Company. However, the second evaluation must take place within 120 days of the injured worker’s receipt of income benefits. Additionally, written notice of the evaluation must be made in advance of the examination. The Employer and the Insurance Company’s liability for repeat diagnostics may be limited to $250. See, O.C.G.A. §34-9-202

If you have been injured on the job and have received weekly income benefits, you may be eligible for a free second opinion or independent medical examination. Contact the Ramos Law Firm, if you believe you need assistance in securing this medical right under the Workers’ Compensation Act.

Delta Employee Injured on Job

Bryan Ramos — Fri, 27 May 2011 17:27:54 +0000

In the past, our firm has represented employees who worked for Delta Airlines who injured themselves on the job. Some employees injured themselves lifting luggage or baggage, while another suffered injuries to his eyes from debris when he worked on the tarmac. The threshold issue for the claim to be considered under workers’ compensation is whether the injury arose out of and in the course of employment. Essentially, the questions become:

Was the Delta employee doing his or her job; and
Did the job cause the work accident / injury?

If yes, the Delta worker who hurt himself is entitled to workers’ compensation benefits. These benefits include medical treatment as it relates to the work accident, as well as income benefits for the lost time. However, the income benefits amount to only two-thirds of the Delta worker’s average weekly wage, up to $500.

It is common for airline employees to suffer injuries to their backs, neck, arms, hands (carpal tunnel), knees, or eyes. When this happens, it is crucial that the accident or injury is reported to the supervisor and medical attention is given.

If you have been hurt at the airport and you want to discuss your workers’ compensation rights, please call 404-355-3431 for a free consultation.

What is Compensation for Permanent Partial Disability (PPD)?

Bryan Ramos — Tue, 03 May 2011 09:22:00 +0000

The 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 as to whether the work injury permanently affected 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 or on our website. 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 me at 404-355-3431.

Back injury cases

Bryan Ramos — Thu, 28 Apr 2011 10:38:48 +0000

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.

As an injured worker what kind of medical treatment am I entitled to?

Bryan Ramos — Thu, 21 Apr 2011 12:15:57 +0000

Employers are required to furnish treatment for employees who have been injured on the job. This would include “medical, surgical, and hospital care and other treatment, items, and services which are prescribed by a licensed physician.” This also includes prescription drug medication.

In addition, medical benefits may include counseling, or may include home attendant care, and in some circumstances domestic household services. These benefits may also include newly developed medical procedures under FDA investigation despite the fact that the procedures have not yet been approved by the FDA.

In many instances, employees hurt at work experience delays in authorization, mysterious or last minute request for second opinions, or flat denials of their medical treatment. As medical treatment is crucial, it is important to have someone advocating for you. Not only must this advocate have expertise about the law, but he must be knowledgeable about the physicians treating the injured worker.

If you have been hurt at work and would like a free consultation about your rights to medical care under the Georgia Workers’ Compensation Act, please contact the Ramos Law Firm at 404-355-3431 or via email.

Settling my workers’ compensation case

Bryan Ramos — Mon, 18 Apr 2011 11:00:55 +0000

If you have been injured on the job and you are considering settling your claim, please note that the insurance company does not have your best interest at heart. In fact, they have a vested interested in minimizing your settlement as much as possible.

With that being said, an injured employee and the Employer/Insurer may settle the claim by agreement. There are two types of settlement: (1) compromise and (2) no liability.

A compromise “stipulation” is the vehicle used when the Employer/Insurer has accepted liability and there is a “bona fide dispute” as to future or past benefits. The compromise stipulation include a discussion of the medical treatment as well as the contentions of both parties. The “no liability” stipulation is used when there has been no finding of liability and the parties agree not to pursue a claim under the Workers’ Compensation Act in exchange for money settlement. The parties will keep a contract between them regarding the same.

Both types of settlements must approved by the State Board of Workers’ Compensation. Once the settlement has been approved, the Employer/Insurer must pay the settlement within 20 days or sooner.

If you have questions about settling your workers’ compensation case, and you would like a free consultation, please feel free to contact the Ramos Law Firm at 404-355-3431 or via email.