Georgia Workers' Comp Blog Rotating Header Image

work related injury

How Safe is Your Job or Workplace?

In October 2011 the Department of Labor stated that nearly 3.1 million nonfatal workplace injuries and illnesses were reported in the private sector.  This roughly translates to almost 4 injured workers per 100 workers.

In these tough economic times, injured workers are fearful of losing their jobs and sometimes they are unaware of their rights under the Georgia workers’ compensation system.  Generally, the workers’ compensation system is a “no fault” structure that allows for injured workers to receive immediate medical treatment and a portion of their income during the time they are out of work.  In exchange for the “no fault” system, the employees who are  hurt on the job are generally restricted from suing the employer outside of the workers’ compensation system.

Sadly, the Occupational Safety and Health Administration (OSHA) reported that 4,609 workers were killed on the job in 2011.  “Every day in America, 13 people go to work and never come home. Every year in America, nearly 4 million people suffer a workplace injury from which some may never recover…”– Secretary of Labor Hilda Solis, Workers Memorial Day speech April 26, 2012.

In these tragic situations, the deceased employee’s “dependents” may be entitled to workers’ compensation benefits.  These dependents are generally the employee’s spouse or children.  Additionally, the workers’ compensation insurance carrier will usually be required to pay for the deceased employee’s funeral and burial costs up to a certain extent.

If you have any questions about workers’ compensation injuries, please feel free to contact the Ramos Law Firm.

Are “Seasonal” Employees Entitled to Workers’ Compensation?

Generally, yes.  First, the injured worker must be an “employee”, not an independent contractor.  Second, the employer must have at least three (3) employees.  The key to whether a worker is an employee or an independent contractor depends on how much control the “employer” has over the worker.  The more control, the more likely the worker is an employee.  Presuming the injured worker is an employee, then he or she may be entitled to the Five Pillars of Workers’ Compensation:  (i) Temporary Total Disability; (ii) Temporary Partial Disability; (iii) Permanent Partial Disability; (iv) Medical care / treatment; and (v) Rehabilitation care and counseling.  The first three pillars are money benefits, while the final pillars address the injured workers’ medical care and potential return to work.  Whether an employee is “seasonal” does not negate the claimant’s ability to receive these benefits.

If you are a seasonal employee who was injured while on the job, please feel free to contact the Ramos Law Firm for more information about your specific situation.

What is a “panel of physicians” and what medical treatment am I entitled to?

An employer is required to post a list of physicians showing injured employees physician with whom the Employer or insurance company has pre-approved for treatment. This list of often referred to as the “Panel of Physicians.” The Employer may (more…)

How do I know if my injury is covered under workers’ compensation?

The first question in a workers’ compensation claim is whether the injured person is in fact an employee and not an independent contractor.  This is generally determined by the level of “control” the Employer has over the injured worker.  The more control, the more (more…)

Are you ready for some Football and Workers’ Comp?

Many folks would not correlate a professional football player with a workers’ compensation claimant, but they certainly can be one in the same.  For example, in the case of Tom Tupa, a veteran NFL punter who suffered a career-ending back injury during a pre-season game in 2005.  Mr. Tupa (more…)

Do I have a good workers’ compensation case?

A workers’ compensation accident is simply an accident resulting in a physical injury arising out of and in the course of employment.  Therefore, the first question is whether the injured worker was indeed an employee.  Some workers (more…)

I was injured at Alorica / Ryla in Kennessaw. What Should I do?

Recently, my firm handled a call from an employee who claimed to be hurt at work while working for Ryla or Alorica in Kennessaw, Georgia.  This injured worker alleged that she slipped and fell at work.  She did not have immediate pain, but after her shift (more…)

Serious work injuries resulting in “catastrophic” designation

The Georgia workers’ compensation system recognizes the unfortunate fact that some work injuries result in employees never returning back to work.  These serious occupational accidents preclude employees from not only working for their previous employer, but for any employer.  These work injuries are designated as “catastrophic” (more…)

Will I go to court for settlement or is a judge involved in the settlement process?

We’ve all seen the episode of our favorite law show where the parties are sitting in the courtroom and at the last minute, just before the Judge hands down his ruling, they reach an agreement. This makes for good T.V., but in reality that is not how it will play out in a workers’ compensation case.

Generally, the only chance an injured worker will see a judge is if there is a specific issue or conflict that requires a judge’s ruling since the parties could not reach an agreement. For example (more…)

Sears Closes Stores

Sears announced that it will close six Georgia stores as follows: Sears in Macon; Kmart in Atlanta, Buford, Columbus, Douglasville and Jonesboro. Florida will be hit the hardest by the closing of Sears and Kmart stores, losing 11, according to a preliminary list of 79 planned closures released Thursday (more…)