Generally, a “change in condition for the worse” is defined as a change in the injured employee’s wage earning capacity, physical condition, or status after the original “condition” was established under the law. (O.C.G.A. § 34-9-104) The original condition is usually the establishment of the worker’s weekly benefits or medical status. The injured employee has [...]
Posts Tagged ‘O.C.G.A § 34-9-’
Understanding Your Georgia Workers’ Compensation Claim
When an employee files a workers’ compensation claim in Georgia, the process may become confusing, frustrating, and costly. Generally, the injured worker wants immediate medical care and income benefits because he or she got hurt on the job. The insurance company, on the other hand Bookmark It Hide Sites $$(‘div.d1032′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
Recent Court of Appeals Decision on Workers’ Compensation
The Georgia Court of Appeals recently reversed a decision rendered by the Superior Court of Lowndes County on the issue of appellate jurisdiction. The case at bar was Strickland v. Crossmark, Georgia Court of Appeals, A09A0491 (06/26/09). In this case, the claimant was an employee at Bookmark It Hide Sites $$(‘div.d967′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
Georgia Court of Appeals Clarifies Workers’ Comp Requirements for Tolling Statute of Limitations in Catastrophic Designation Cases
On July 9, 2009, the Georgia Court of Appeals delivered its opinion in the Kroger Company v. Wilson case (A09A1226). In this matter, the Court specifically addressed the application of the statute of limitations provision to a change of condition/catastrophic designation case. Bookmark It Hide Sites $$(‘div.d965′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
Georgia Workers’ Compensation Changes in 2009
Earlier this year we wrote about the proposed changes to the Georgia Workers’ Compensation Act. These changes have now taken effect. Following are some of the changes: Bookmark It Hide Sites $$(‘div.d938′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
Reporting the workers’ compensation injury
Being injured on the job can be embarrassing and some workers fail to report their injuries until the condition is much worse. While this is understandable, the workers’ compensation law provides that the injured worker must report their accident to his or her supervisor as soon as possible and within 30 days after the accident. [...]
How Will I Receive Medical Treatment if My Workers’ Comp Claim is Controverted?
When the Employer/Insurer “controverts” or determines a workers’ compensation claim is not compensable, the Employer/Insurer will not pay for the injured Employee’s medical treatment. Consequently, the injured Employee will be responsible for finding a physician to treat with and for payment of his or her medical bills. This determination does not Bookmark It Hide Sites $$(‘div.d860′).each( [...]
What Role Does Medical History Play in Workers’ Compensation Claims?
Most individuals enjoy a certain level of privacy regarding their medical history. Most employees are weary about sharing intimate details about their medical history with the employer/insurer; however, pursuant to O.C.G.A. 34-9-207, the employer/insurer may be entitled to this information. In a Georgia workers’ compensation claim Bookmark It Hide Sites $$(‘div.d858′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
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 Bookmark It Hide [...]
Can I receive disability benefits and workers compensation benefits at the same time?
No, pursuant to Board Rule 200 (c), “an injured employee who receives regular wages during disability shall not be entitled to weekly benefits for the same period.” Assuming that an employee has a wage-continuation plan or sick leave policy, the employer should offer the employee the choice to receive either Bookmark It Hide Sites $$(‘div.d796′).each( [...]
