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work related injury

What can I expect from the medical treatment workers’ comp provides me?

When an employee is injured on the job, he or she is either rushed to the hospital in severe cases or instructed to treat with “Concentra” or “Urgent Care.”  These places are industrial clinics that focus in minor occupational accidents.  If the injury requires more specialized care (more…)

Workers’ Compensation In the Latino or Hispanic Community

The Latino or Hispanic worker who is injured on the job may present unique issues not generally found in an ordinary Georgia workers’ compensation case.

For example, the Latino or Hispanic worker may not speak English.  In these cases (more…)

Georgia Workers’ Compensation Changes in 2009

Earlier this year we wrote about the proposed changes to the Georgia Workers’ Compensation Act.  These changes have now taken effect.

Following are some of the changes: (more…)

Required “Notice” under Rule 201(b)

If an Employer/Insurer has controverted a workers’ compensation claim and the claim is later found to compensable, Board Rule 201(b) provides that “the employee is authorized to select one of the physicians who has provided treatment for the work-related injury prior to the acceptance of compensability, and after notice has been given to the employer, that physician so selected becomes the authorized treating physician.”

The question, then, is what constitutes notice.  On a very (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…)

Referrals From The Authorized Treating Physician

With any injury or illness, it is common for a primary treating physician to find it necessary to refer the patient to another doctor for specialized care.  Obviously, in a workers’ compensation setting, this is also possible.  The question then arises, how does the Workers’ Compensation Act provide for such referrals? (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…)

Can my unborn child receive workers compensation benefits?

Let’s imagine for a moment that an employee is injured on the job on March 25, 2003.  At that time, the employee’s wife was pregnant.  The child was born on August 5, 2003.  The injured employee dies on September 1, 2003.  Would the newborn child be entitled to dependency benefits?

Yes.  While an employer will argue that the child is not a dependent because the child was not born before the date of the employee’s accident, the law states (more…)

What can I do if my employer ignores my request for treatment authorization?

After an employee is injured on the job, they are permitted to seek treatment with one of many authorized physicians on a panel.  In some situations, that particular authorized physician may recommend additional treatment or testing from another physician.  When this happens, (more…)