Ramos Law Firm Workers' Comp Blog » statute of limitations http://www.ramoslawblog.com Georgia Workers' Compensation, Medicare Set-Asides and Injury Trust Funds Tue, 31 Aug 2010 13:00:26 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Raising the Minimum Wage and its impact on Georgia Worker’s Compensation Claims http://www.ramoslawblog.com/2009/07/26/raising-the-minimum-wage-and-its-impact-on-georgia-worker%e2%80%99s-compensation-claims/ http://www.ramoslawblog.com/2009/07/26/raising-the-minimum-wage-and-its-impact-on-georgia-worker%e2%80%99s-compensation-claims/#comments Sun, 26 Jul 2009 19:53:39 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=977 Today, many Georgia workers received a raise in pay.  The Georgia minimum wage was raised from $6.55 to 7.25 per hour. While there is a debate about whether this could prolong the recession, there will also be an impact on workers’ compensation claims.

The first and most obvious will be the affect on the average weekly wage.  To determine the workers’ compensation rate, the State Board will review the preceding 13 weeks of income the injured employee earned from the date of accident.  Then two-thirds of the sum of the 13 weeks will be the claimant’s average weekly wage.  The claimant is entitled to a comp rate up to a certain amount (set by the Georgia legislature), which is dependent upon the date of accident.  For example, if a claimant’s injury was July 3, 2009 and her average weekly wage was $800, the comp rate would only be $500 despite the fact that 2/3 of $800 equals $533.36.  The excess $33.36 would not be included.  If the same accident occurred on July 3, 2006, the maximum comp rate would only be $450.

It is always better to strive for the maximum workers’ compensation rate despite the statutory waiver of the excess.  For example, if the claimant had a low average weekly wage of $500, then the comp rate would be $333.35.  This is also true in cases where the employee may return to work but for less hours because of the work injury.  In these situations, the claimant may be entitled to temporary partial disability.  The principal behind this form of recovery rests with the difference between the average weekly wage before the accident compared to the average weekly wage after the accident.  In some cases, the injured worker may be entitled to a portion of the difference. As you can see, a higher pre-injury average weekly wage may place the injured employee in a better position to recover higher temporary partial disability income benefits.

While the wage increase may raise average weekly wages, the down side may be found in the increase in layoffs all together.  Currently, Georgia has about a 10% unemployment rate.  If some business owners cannot afford the wage increase, I suspect that layoffs may be necessary.  Likewise, employers may look to terminate injured workers first and shift responsibility to the insurance company.  In these situations, the laid off and injured employee may have certain burdens to carry before he or she is entitled to workers’ compensation benefits.  Generally, this burden is called a “Maloney Burden” whereupon the injured employee must demonstrate that he or she conducted a diligent and sincere search for suitable employment within his or her restrictions.  This can be a tricky proposition at this time.

If you are “under work restrictions because of a work injury” and laid off, it may be best to consult with a lawyer from the Ramos Law Firm.  The consultation is free and the attorneys are not paid unless you receive a recovery.  Like other situations, there is a deadline (statute of limitations) to comply with; therefore, it would be best to contact us as soon as you are able.  For more information, please contact us at (404) 355-3431.

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]]> http://www.ramoslawblog.com/2009/07/26/raising-the-minimum-wage-and-its-impact-on-georgia-worker%e2%80%99s-compensation-claims/feed/ 0 Catastrophic Does not Necessarily Mean Forever http://www.ramoslawblog.com/2009/02/26/catastrophic-does-not-necessarily-mean-forever/ http://www.ramoslawblog.com/2009/02/26/catastrophic-does-not-necessarily-mean-forever/#comments Thu, 26 Feb 2009 13:30:10 +0000 James Timmons, Jr. http://www.ramoslawblog.com/?p=309 In 2005, the Georgia State Legislature amended O.C.G.A 34-9-200.1 to include section (i). Pursuant to section (i), when a claimant has been deemed catastrophic, either by the employer or the State Board, it is possible to request new determination as to the catastrophic or non-catastrophic nature of the employee’s injury. The only requirement is that there be “reasonable grounds” to seek the new determination.

Presumably, 200.1(i) only applies to injuries occurring after its enactment. For injuries occurring prior to 2005, the only choice the Employer/Insurer had was to seek a change of condition under O.C.G.A. 34-9-104. This undertaking can prove challenging as there is no case law which states definitively that catastrophic designation is subject to a change of condition under 34-9-104.

To date, there has been no published case law discussing 200.1(i). However, it seems ripe for scrutiny by the Court of Appeals. What will most likely provide fodder for dispute is the fact that the language of 200.1(i) does not place any specific statute of limitations on filing for a new determination on catastrophic designation. The defense bar will certainly try to assert that operating under 200.1(i) is analogous to seeking a change of condition, and should therefore be subject to the two year time limit from the date the last weekly income benefits were paid. The claimants’ bar will certainly argue that since the legislature created an entirely different statute to control determinations of catastrophic designation, then the silence on a statute of limitations must have been intentional.

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]]> http://www.ramoslawblog.com/2009/02/26/catastrophic-does-not-necessarily-mean-forever/feed/ 0 Is there a statute of limitations for filing a workers comp claim? http://www.ramoslawblog.com/2008/12/12/is-there-a-statute-of-limitations-for-filing-a-workers-comp-claim/ http://www.ramoslawblog.com/2008/12/12/is-there-a-statute-of-limitations-for-filing-a-workers-comp-claim/#comments Fri, 12 Dec 2008 10:39:28 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=223 An injured worker must give the employer notice within 30 days of the accident. O.C.G.A. § 34-9-80. Actual notice or written notice is also sufficient.

Additionally, the injured worker has one (1) year from the date of injury or last remedial medical treatment to file his or her notice of claim with the State Board. O.C.G.A. §34-9-81. Notice must be provided with the WC-14 filing. In other words, simply telling your supervisor is not enough. You must file the Board Form to toll the statute of limitations. However, if the injured employee is receiving income benefits but was suspended and undergoes a change in condition for the worse, the worker can file a request for recommencement within two (2) years from the date of last payment of income benefits. O.C.G.A. § 34-9-104.

Likewise, claims for permanent partial disability benefits must be filed within four (4) years from date of last payment of income benefits.

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