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	<title>Ramos Law Firm Workers&#039; Comp Blog &#187; work related injury</title>
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	<link>http://www.ramoslawblog.com</link>
	<description>Your Questions about Georgia Workers&#039; Compensation Answered</description>
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		<title>Sears Closes Stores</title>
		<link>http://www.ramoslawblog.com/2012/01/04/sears-closes-stores/</link>
		<comments>http://www.ramoslawblog.com/2012/01/04/sears-closes-stores/#comments</comments>
		<pubDate>Wed, 04 Jan 2012 06:05:00 +0000</pubDate>
		<dc:creator>Bryan Ramos</dc:creator>
				<category><![CDATA[Benefits]]></category>
		<category><![CDATA[Community]]></category>
		<category><![CDATA[Injured On the Job in Georgia]]></category>
		<category><![CDATA[injured worker]]></category>
		<category><![CDATA[work related injury]]></category>
		<category><![CDATA[Workers Compensation]]></category>
		<category><![CDATA[workers' comp benefits]]></category>

		<guid isPermaLink="false">http://www.ramoslawblog.com/?p=1510</guid>
		<description><![CDATA[ [...]]]></description>
			<content:encoded><![CDATA[<p>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. Ohio and Michigan have six store closures planned in their states. Tennessee, North Carolina and Minnesota are set to lose four stores each.</p>
<p>In Georgia, we suspect that these closures will produce a substantial amount of lay-offs including employees injured on the job. It is important to note that these injured employees who have been laid off have certain responsibilities before workers’ compensation benefits are started. It is recommended that these injured employees return to their authorized treating physician immediately. This will help certify their work restrictions. Subsequently, we recommend that the laid off and injured workers begin to document a search for employment within the recently certified work restrictions. Additionally, it would be prudent to seek unemployment benefits.</p>
<p>Those Georgia workers’ desiring a free consultation regarding their rights under workers’ compensation should call the Ramos Law Firm.</p>
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		<title>Workers’ Compensation Claims in Georgia for 2009</title>
		<link>http://www.ramoslawblog.com/2011/09/07/workers%e2%80%99-compensation-claims-in-georgia-for-2009/</link>
		<comments>http://www.ramoslawblog.com/2011/09/07/workers%e2%80%99-compensation-claims-in-georgia-for-2009/#comments</comments>
		<pubDate>Wed, 07 Sep 2011 21:26:50 +0000</pubDate>
		<dc:creator>Bryan Ramos</dc:creator>
				<category><![CDATA[Injured On the Job in Georgia]]></category>
		<category><![CDATA[Georgia's injured workers]]></category>
		<category><![CDATA[State Board of Workers' Compensation]]></category>
		<category><![CDATA[work related injury]]></category>

		<guid isPermaLink="false">http://www.ramoslawblog.com/?p=1456</guid>
		<description><![CDATA[ [...]]]></description>
			<content:encoded><![CDATA[<p>According to the Bureau of Labor Statistics, approximately 115,500 work accidents occurred in Georgia in 2009.  These work injuries included workers in the private sector as well as government employees.  Of the 115, 500 work injuries<span id="more-1456"></span>, approximately 27, 100 employees had to miss time from work.  Additionally, another 23, 600 injured workers were placed on modified or restricted duty jobs.</p>
<p>The workers in the “service industry” appear to suffer more work accidents than other Georgia industries.   In 2009, approximately 66,500 service workers reported on-the-job injuries.   In contrast, the manufacturing industry recorded 13,500 reported cases.  These manufacturing jobs included workers in the food and beverage industry; textiles; apparel; printing; and paper industries.</p>
<p>When a worker is injured on the job, he or she has two basic benefits (1) medical care and (2) weekly income payments.  These benefits are dependent upon its relationship to the occupational accident.  There is no “pain and suffering” awarded in workers’ compensation cases.  However, the injured employee may be compensated for any permanent impairment he or she may receive based on the severity of the work injury.</p>
<p>If you have been hurt at work and believe you have the right to select your physician, please contact the Ramos Law Firm.</p>
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		<title>Rise in injuries expected as kids head back to school</title>
		<link>http://www.ramoslawblog.com/2011/08/21/rise-in-injuries-expected-as-kids-head-back-to-school/</link>
		<comments>http://www.ramoslawblog.com/2011/08/21/rise-in-injuries-expected-as-kids-head-back-to-school/#comments</comments>
		<pubDate>Sun, 21 Aug 2011 21:20:12 +0000</pubDate>
		<dc:creator>Gail Bailey</dc:creator>
				<category><![CDATA[Injured On the Job in Georgia]]></category>
		<category><![CDATA[Benefits]]></category>
		<category><![CDATA[Car accident]]></category>
		<category><![CDATA[work related injury]]></category>
		<category><![CDATA[workers' comp benefits]]></category>

		<guid isPermaLink="false">http://www.ramoslawblog.com/?p=1445</guid>
		<description><![CDATA[ [...]]]></description>
			<content:encoded><![CDATA[<p>It may sound a bit unbelievable but we expect to see an increase in injuries as the summer comes to a close and kids go back to school. This results from<span id="more-1445"></span> the increased traffic on the roads (as evidenced every morning in Atlanta) as well as the teachers, bus drivers, cafeteria workers, custodians and so many more faculty members reporting back to work.</p>
<p align="justify">Not everyone would consider being in the school a high risk job but consider the cafeteria workers who deal with food in bulk meaning heavy lifting and repetitive motion. These workers often experience injuries such as carpal tunnel, back injuries and shoulder injuries.</p>
<p align="justify">Special education teachers are also among the high risk category as their job often involves a physical aspect in lifting and restraining children, pushing wheelchairs and more.</p>
<p align="justify">There also workers who commute or travel that will be impacted by the higher traffic volume on the roads. The increased traffic means more employees may be involved in automobile accidents which may be related to their job. This would include the thousands of bus drivers employed in the state.</p>
<p align="justify">If you have been injured on the job, give our law firm a call today to schedule your free consultation.</p>
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		<title>Injured at AirServ?</title>
		<link>http://www.ramoslawblog.com/2011/08/12/injured-at-airserv/</link>
		<comments>http://www.ramoslawblog.com/2011/08/12/injured-at-airserv/#comments</comments>
		<pubDate>Fri, 12 Aug 2011 17:55:35 +0000</pubDate>
		<dc:creator>Bryan Ramos</dc:creator>
				<category><![CDATA[Benefits]]></category>
		<category><![CDATA[Injured On the Job in Georgia]]></category>
		<category><![CDATA[Airline Employees]]></category>
		<category><![CDATA[work related injury]]></category>

		<guid isPermaLink="false">http://www.ramoslawblog.com/?p=1438</guid>
		<description><![CDATA[ [...]]]></description>
			<content:encoded><![CDATA[<p>In Atlanta, many of our employees work the Hartsfield – Jackson International Airport.  Recently, we represented a client who worked for The AirServ Corporation.  AirServ provides cargo, cleaning, security, and ramp handling for the aviation industry.</p>
<p>In our case, an employee was responsible for cleaning the airplane cabins.  As <span id="more-1438"></span>she was being transported to the airplane, the truck was involved in an accident.  As a result, she and two other employees were injured.  The injuries involved pains in her back, neck and head.  She also missed time from work.</p>
<p>Generally,  the Employer/Insurer may control medical treatment if</p>
<ol>
<li>it properly posts a valid panel of physicians, and</li>
<li>it trains its employees as to the use and function of the panel.</li>
</ol>
<p>If it did not do both of these steps, the injured employee may select her own doctor.   Medical treatment is very important to a workers’ compensation case as it provides the best chance for the injured worker to heal from the occupational injury.  Moreover, quality medical treatment provides the best chance for the hurt worker to return to work and regain his or her quality of life.  Sometimes, it appears that the Employee’s “panel” doctors are biased and favor the employer.  Having the power to select your physician is very important.</p>
<p>If you have been hurt at work and believe you have the right to select your physician, please contact the Ramos Law Firm.</p>
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		<title>Death benefits and Foreign (Alien) Dependents</title>
		<link>http://www.ramoslawblog.com/2011/08/10/death-benefits-and-foreign-alien-dependents/</link>
		<comments>http://www.ramoslawblog.com/2011/08/10/death-benefits-and-foreign-alien-dependents/#comments</comments>
		<pubDate>Wed, 10 Aug 2011 12:51:37 +0000</pubDate>
		<dc:creator>Bryan Ramos</dc:creator>
				<category><![CDATA[Benefits]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[death benefits]]></category>
		<category><![CDATA[work related injury]]></category>
		<category><![CDATA[workers' comp law]]></category>

		<guid isPermaLink="false">http://www.ramoslawblog.com/?p=1433</guid>
		<description><![CDATA[ [...]]]></description>
			<content:encoded><![CDATA[<p>In the unfortunate and tragic death caused by a work accident, the deceased employee’s spouse or children may be entitled to workers’ compensation benefits.  O.C.G.A. § 34-9-13.  There was an issue as to whether alien or foreign dependents were limited or excluded from these death benefits.  The Workers’ Compensation Act (prior to 1995) made an unlawful distinction<span id="more-1433"></span> between dependents who are US Citizens and foreign dependents.  Essentially, the law limited the non-resident death benefits to $1,000.    This section of the workers’ compensation code was challenged and the Supreme Court of Georgia struck down provision.  See, Barge-Wagener Construction v. Morales, 263 Ga. 190 (1993), cert denied, 510 U.S. 1003 (1993).</p>
<p>Since then, the workers’ compensation law was amended to delete the distinction between non-resident and resident dependents.  Therefore, issues of citizenship and residency are not relevant or applicable to determining the entitlement of workers’ compensation dependency benefits.  O.C.G.A. § 34-9-265</p>
<p>If you have any questions about death or dependency benefits, please contact the Ramos Law Firm at 404-355-3431.</p>
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		<title>Change of condition; Fictional New Date of Accident</title>
		<link>http://www.ramoslawblog.com/2011/07/29/change-of-condition-fictional-new-date-of-accident/</link>
		<comments>http://www.ramoslawblog.com/2011/07/29/change-of-condition-fictional-new-date-of-accident/#comments</comments>
		<pubDate>Sat, 30 Jul 2011 00:27:33 +0000</pubDate>
		<dc:creator>Bryan Ramos</dc:creator>
				<category><![CDATA[Benefits]]></category>
		<category><![CDATA[Injured On the Job in Georgia]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[case law]]></category>
		<category><![CDATA[O.C.G.A § 34-9-]]></category>
		<category><![CDATA[Regular Duty]]></category>
		<category><![CDATA[Return to Work]]></category>
		<category><![CDATA[work related injury]]></category>
		<category><![CDATA[workers' comp benefits]]></category>
		<category><![CDATA[workers' comp law]]></category>

		<guid isPermaLink="false">http://www.ramoslawblog.com/?p=1421</guid>
		<description><![CDATA[ [...]]]></description>
			<content:encoded><![CDATA[<p>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. <span id="more-1421"></span></p>
<p>Generally, a “change in condition” occurs when the injured worker demonstrates a change in the wage-earning capacity, physical condition, or employee status after original injury (established by award or otherwise).  O.C.G.A. § 34-9-104 (a); <span style="text-decoration: underline;">Atlanta Hilton &amp; Towers v. Gaither</span>, 210 Ga. App. 343, 436 S.E.2d 71 (1993). <em>See also </em><span style="text-decoration: underline;">Aldrich v. City of Lumber City</span>, 273 Ga. 461, 542 S.E.2d 102 (2001). <em>See </em><span style="text-decoration: underline;">ABB Risk Management Service/Georgia Kaolin v. Lord</span>, 254 Ga. App. 88, 561 S.E.2d 225 (2002).  An injured worker must be careful in these situations as a few statutes of limitations may be triggered for restarting income benefits, or even formally accepting the claim.  <em>See</em>, O.C.G.A. §34-9-104 and 82.</p>
<p>In some cases, an injured employee who sustains a job-related injury may continue to work until her condition forces her to cease work because of gradual worsening of her physical condition.  The Georgia law will generally consider the date she stopped working as a “fictional new date of accident.”  <em>Central State Hospital v. James</em>, 147 Ga. App. 308 (1978).  These fictional new date of accident cases do not involve a new “traumatic” injury.  This scenario is analogous to the “straw that broke the camel’s back” story.</p>
<p>If you have been injured on the job and have recently stopped working, you may be entitled to workers’ compensation benefits.  For a free consultation, please contact the Ramos Law Firm.</p>
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		<item>
		<title>What does “full duty” or “normal duty” mean?</title>
		<link>http://www.ramoslawblog.com/2011/02/28/what-does-%e2%80%9cfull-duty%e2%80%9d-or-%e2%80%9cnormal-duty%e2%80%9d-mean/</link>
		<comments>http://www.ramoslawblog.com/2011/02/28/what-does-%e2%80%9cfull-duty%e2%80%9d-or-%e2%80%9cnormal-duty%e2%80%9d-mean/#comments</comments>
		<pubDate>Mon, 28 Feb 2011 13:00:00 +0000</pubDate>
		<dc:creator>Bryan Ramos</dc:creator>
				<category><![CDATA[Injured On the Job in Georgia]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[work related injury]]></category>
		<category><![CDATA[Workers' Compensation Act]]></category>

		<guid isPermaLink="false">http://www.ramoslawblog.com/?p=1316</guid>
		<description><![CDATA[ [...]]]></description>
			<content:encoded><![CDATA[<p>This is a magical term of art, science, and law.  In the Georgia workers’ compensation realm, this medical certification functionally translates to the injured worker having no physical limitations related to any work injury.  Generally taken, your Employer will assert that you are able to work with your normal job as if<span id="more-1316"></span> the injury never occurred.</p>
<p>From a legal standpoint, this term allows for the Employer and the insurance company to “cut-off workers’ compensation benefits” provided it follows proper procedure.  As I mentioned before, the term “full/normal duty” is magical for insurance companies.  However, it may be devastating to the injured worker when he or she sincerely believes otherwise.</p>
<p>If the employee continues to experience pain resulting from the work injury; requires pain medication to function; or is physically limited in what he or she can do on the job, the certification of “full duty” may be inappropriate. Perhaps a light duty release would be more accurate.  A light duty release should outline what medical or physical restrictions the injured employee currently has as it relates to the work injury.  Essentially, these “full duty versus light duty” determinations are done by the treating physician. Unfortunately, many of these doctors have been pre-selected by the insurance company.  Therefore, it is crucial that the injured worker be completely honest and candid with the treating doctor about how the hurt employee feels.  This is no time to be stoic as this may have lasting legal ramifications.</p>
<p>If you have any questions about your light duty or full duty releases, please contact the Ramos Law Firm at 404-355-3431 or <a href="mailto:gail@ramoslawfirm.com">email us</a> for your free consultation.</p>
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		<title>Attacked by a customer, client or patient</title>
		<link>http://www.ramoslawblog.com/2011/02/21/attacked-by-a-customer-or-client/</link>
		<comments>http://www.ramoslawblog.com/2011/02/21/attacked-by-a-customer-or-client/#comments</comments>
		<pubDate>Mon, 21 Feb 2011 13:00:00 +0000</pubDate>
		<dc:creator>Bryan Ramos</dc:creator>
				<category><![CDATA[Injured On the Job in Georgia]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Georgia's injured workers]]></category>
		<category><![CDATA[work related injury]]></category>
		<category><![CDATA[Workers' Compensation Act]]></category>

		<guid isPermaLink="false">http://www.ramoslawblog.com/?p=1315</guid>
		<description><![CDATA[ [...]]]></description>
			<content:encoded><![CDATA[<p>Workplace violence appears to be occurring more and more each day.  According to OSHA, workplace homicides are the fourth-leading cause of fatal occupational injury in the United States. The Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI) determined that there were 521 workplace homicides in the preliminary count of 2009 in the United States.</p>
<p>If a worker is attacked by a customer, the resulting injuries should be covered under workers’ compensation.  The State Board of Workers’ Compensation will ask whether<span id="more-1315"></span> the injuries arose out of and in the course of the worker’s employment.  For example, if a nurse was attacked by a patient who had a bad reaction to his medication, his or her injuries are likely to be covered.  This injured nurse would be entitled to medical and income benefits.  If the attack results in the death of the employee, then the dependents of the employee would be the beneficiaries of the workers’ compensation benefits.</p>
<p>If you have been attacked or injured on the job, please call the Ramos Law Firm at 404-355-3431 for a free consultation.</p>
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		<title>Hurt While Working at Coca-Cola or in the Beverage Industry?</title>
		<link>http://www.ramoslawblog.com/2011/02/10/hurt-while-working-at-coca-cola-or-in-the-beverage-industry/</link>
		<comments>http://www.ramoslawblog.com/2011/02/10/hurt-while-working-at-coca-cola-or-in-the-beverage-industry/#comments</comments>
		<pubDate>Thu, 10 Feb 2011 13:00:00 +0000</pubDate>
		<dc:creator>Bryan Ramos</dc:creator>
				<category><![CDATA[Benefits]]></category>
		<category><![CDATA[Injured On the Job in Georgia]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[work related injury]]></category>
		<category><![CDATA[workers' comp law]]></category>
		<category><![CDATA[Workers' Compensation Act]]></category>

		<guid isPermaLink="false">http://www.ramoslawblog.com/?p=1310</guid>
		<description><![CDATA[ [...]]]></description>
			<content:encoded><![CDATA[<p>Coca-Cola (commonly known as “Coke”) is one of the world’s largest beverage companies.  It is headquartered in Atlanta, GA and has several hundred employees.  As such, Coke employees are generally covered under the Workers’ Compensation Act.  Over the years, our firm has had the privilege of representing Coke employees and helping them secure their weekly income and medical benefits. In our experience, workers at Coke suffer injuries similar<span id="more-1310"></span> to that of other factory employees.  These workers suffer shoulder injuries from repetitive jobs such as mixing formula; knee injuries from loading product; or back pain from general warehouse jobs.</p>
<p>According to the Bureau of Labor and Statistics, over 9% of every 100 soft drink manufacturing employees reported a work accident in 2009.  These injured workers require medical treatment and in some instances miss time for work because of the work accident.  Sometimes, the employees will miss several weeks or months of work time.  Unfortunately, these injured workers may also lose their jobs because of the work accident.</p>
<p>In these situations, it is important to be informed about any rights you may have under the Workers’ Compensation Act.  As you can imagine, Coke employs a “workers’ compensation” group specifically dedicated to protecting Coke’s interest.  While Coke is a great company, you should be aware that its workers’ compensation group is not necessarily looking out for your best interests.</p>
<p>It is important that you have your own workers’ compensation advocate looking out for you and your family.  Call the Ramos Law Firm today for a free consultation, 404-355-3431.</p>
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		<title>Airline Employee Injured on the Job</title>
		<link>http://www.ramoslawblog.com/2011/01/29/airline-employee-injured-on-the-job/</link>
		<comments>http://www.ramoslawblog.com/2011/01/29/airline-employee-injured-on-the-job/#comments</comments>
		<pubDate>Sat, 29 Jan 2011 14:00:00 +0000</pubDate>
		<dc:creator>Bryan Ramos</dc:creator>
				<category><![CDATA[Benefits]]></category>
		<category><![CDATA[Injured On the Job in Georgia]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Airline Employees]]></category>
		<category><![CDATA[injured worker]]></category>
		<category><![CDATA[panel of physicians]]></category>
		<category><![CDATA[work related injury]]></category>
		<category><![CDATA[workers' comp benefits]]></category>
		<category><![CDATA[workers' comp law]]></category>
		<category><![CDATA[Workers' Compensation Act]]></category>

		<guid isPermaLink="false">http://www.ramoslawblog.com/2011/01/29/airline-employee-injured-on-the-job/</guid>
		<description><![CDATA[ [...]]]></description>
			<content:encoded><![CDATA[<p>Airline workers such as Delta employees, Airtran workers, and baggage handlers for both airlines are generally covered under workers’ compensation.  If you have been injured on the job, you are entitled to immediate medical treatment.  It is important to report the injury to your supervisor and accurately explain how the injury happened as a part of your job.  There is a chance that your employer may require a drug screen.  While the Employer has pre-selected a list of doctors you may treat with, you have the power to select your physician.  If you are missing time from work, you may also be entitled<span id="more-1296"></span> to weekly income benefits as outlined in the workers’ compensation law.</p>
<p>Our firm has experience in handling claims where employees injured themselves inside the terminal, on the tarmac, and even during flight.  These injuries involved eye claims, back herniations, carpal tunnel surgery, hearing damage, and knee replacements.  Our firm is equipped to handle clients who have worked as airplane mechanics, pilots, ground crews, hangar workers, shuttle bus drivers, ticketing clerks, and food service employees such as Atlanta Bread Company workers.</p>
<p>Don’t be left guessing whether or not you are entitled to workers’ compensation benefits, call our firm today for a free consultation at (404) 355-3431.</p>
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