Georgia Workers' Compensation, Medicare Set-Asides and Injury Trust Funds
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
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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
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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.
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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:
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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 [...]
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 [...]
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
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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
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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
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After being involved in a work-related accident, you will undoubtedly appear for medical appointments with your authorized treating physician. At some point, in most claims, prior to being released to full duty, your authorized treating physician will release you to work with light duty restrictions. That means
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