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O.C.G.A § 34-9-

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.  There is (more…)

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 (more…)

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 (more…)

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 (more…)

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 (more…)

What Does a WC-104 Mean for Me and My Workers’ Comp Claim?

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 (more…)

Can my personal health condition prevent me from obtaining workers compensation benefits?

In a recent case, a court was asked to decide whether an employee’s obesity was the primary cause of a work injury which would have prevented the employee from receiving benefits.  The court announced that the determining factor was whether the employee was injured while performing an activity that was part of his/her job. If the employee was injured while on duty and working, then she is eligible for benefits.

In this case (more…)

Does the Panel of Physicians Affect the Type of Medical Treatment I Will Receive?

Employers who are subject to the Georgia Workers’ Compensation Act are required to post a panel of physicians.  The employer’s panel of physicians consists of medical facilities or individual physicians who are authorized to render treatment to employees injured on the job.  There are three types of panels employers may elect to post: (more…)

Are grandchildren considered dependents and eligible to receive death benefits?

In society today, it is not unusual to see grandchildren living with their grandparents.  Under the workers’ compensation laws are grandchildren considered dependents?  Biological children of an employee that are under age 18 are considered dependents. Pursuant to O.C.G.A. § 34-9-13, a “child” also includes dependent stepchildren, legally adopted children, posthumous children, and acknowledged children born out of wedlock.  Married children are not considered dependents.

As for grandchildren (more…)

Providing Information To Your Workers’ Compensation Attorney To Help Your Claim

In preparing to discuss a claim with a workers’ compensation attorney, it is important for the injured worker to gather up all the information about the injury he or she can to provide to the attorney.  However, it does not stop there.  In assessing a litigation strategy in a workers’ compensation claim, it is important for the attorney to have (more…)