What happens when an employee is hurt on the job, comes back, but then goes back out because of the work injury? The problem that presents is itself is whether the reason for the disability is a “change of condition” of the previous injury or a “fictional new date of accident”. The distinction can be confusing and may have an impact on whether the employee has a statute of limitation problem. (more…)
O.C.G.A § 34-9-
Is the employer required to provide medical treatment because of a workers’ compensation injury?
Yes, the Workers’ Compensation Act provides that “Employer/Insurer shall furnish the employee entitled to benefits under this chapter such medical, surgical, and hospital care and other treatment, items and services which are prescribed by a licensed physician . . . reasonably required and appear likely to effectuate a cure, give relief, or restore the employee to suitable employment.” In other words, the Employer and the insurance company are responsible for the reasonable medical treatment related to the work accident.
Board Rule 200(a)(1) further explains that the: “Employer/Insurer have a duty to provide all reasonable and necessary medical treatment in a timely manner and to give appropriate assistance in contacting medical providers when necessary.” Similarly, the Employer and Insurance company must approve and authorize this treatment without significant delay.
In our experience, many injured workers fall victim to delays and denials of medical treatment as they are not properly trained on what to ask for or what to do. Medical treatment is crucial to properly heal from the work accident. If you have suffered a work related accident and you are unable to get medical care, we recommend you call us at 404-355-3431 to assist you.
What is Compensation for Permanent Partial Disability (PPD)?
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.
The business of work injuries
On the job injuries are becoming more common as injuries include claims for carpal tunnel syndrome, epicondylitis, shoulder rotator cuff tears, knee injuries, and herniated or ruptured spinal discs. If one of these injuries happened during the scope and course of your job, then workers’ compensation benefits may be given. These benefits include income benefits as well as medical treatment.
Nationally, approximately $183 billion dollars were spent on workers’ compensations claim in 2008 according to the National Safety Council. These costs included payment for medical bills as well as lost work days. In fact, it is estimated that 3.2 million claims were made in 2008.
As you can see, workers’ compensation is big business. In fact, many insurance companies have teams of lawyers and “adjusters” on their payroll just in case someone files a claim. These insurance companies have sophisticated systems designed to make it difficult for injured workers to receive benefits. If you have been injured at work, it is important to realize that the insurance company will not have your best in interest in mind. In fact, they have every reason to deny your case just to save a few dollars for their company stockholders.
Remember, they are in the business of denying your claim and benefits. If you have a work injury, don’t try to handle your claim alone. If you would like a free consultation about workers’ compensation, please contact Bryan Ramos at the Ramos Law Firm in Atlanta, Georgia, 404-355-3431.
Workers Compensation Weekly Disability Benefits and Direct Deposit
Generally, if an employee sustains an on-the-job injury resulting in total disability, he or she is entitled to temporary total disability benefits (TTD) under O.C.G.A. § 34-9-261. The calculation of these benefits are determined (more…)
Change of Condition For The Worse
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 the burden of demonstrating that change has occurred. To do this (more…)
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 (more…)
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 (more…)
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. (more…)
