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workers’ comp benefits

Sears Closes Stores

Jan 4th, 2012
by Bryan Ramos.
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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.

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.

Those Georgia workers’ desiring a free consultation regarding their rights under workers’ compensation should call the Ramos Law Firm.

What is compensation for permanent partial disability (PPD)?

Oct 27th, 2011
by Bryan Ramos.
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Georgia law defines PPD as a disability partial in character but permanent in quality resulting in a loss or loss of use of body members or from the partial loss of use of the injured employee’s body.  In other words, (more…)

Rise in injuries expected as kids head back to school

Aug 21st, 2011
by Gail Bailey.
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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 (more…)

Money benefits in workers’ compensation claims

Aug 4th, 2011
by Bryan Ramos.
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When an injured worker is not able to return back to work because of his or her work injury, the hurt employee may be deemed “totally disabled.”  Should this occur, the employee hurt at work may be entitled to money benefits under (more…)

Change of condition; Fictional New Date of Accident

Jul 29th, 2011
by Bryan Ramos.
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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.  (more…)

Does an injured worker have the right to a second opinion or independent medical evaluation?

Jul 19th, 2011
by Bryan Ramos.
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Generally, an employee has the right to one independent medical examination with a physician of the injured worker’s choosing.  The doctor must be in Georgia or within 50 miles of the injured worker’s residence.  This second opinion or independent medical evaluation will be (more…)

Hearing loss due to job duties

Jun 10th, 2011
by Bryan Ramos.
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In situations where an employee becomes deaf or suffers an occupational hearing loss, recovery under the workers’ compensation act can be tough.  The statute governing such claims are very technical.  For example, an employee (more…)

Aggravation of knee problems and workers comp benefits

Apr 4th, 2011
by Bryan Ramos.
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Suppose a worker has prior knee problems but then re-injures or aggravates the knee while on the job.  Would this injury be accepted under workers’ compensation?

Yes, provided that the aggravation or reinjury was the result of the employee’s work duties or responsibilities.  While the Employer/Insurer may have a few legal defenses against this claim in certain circumstances, the claim is actionable at first glance.

If the claim is accepted, the employee would be entitled to medical benefits including physician visits, specialist evaluations, physical therapy, prescription medication, durable medical equipment, and mileage reimbursement to and from his or her sessions.  There would be no co-payment for this treatment.

If the claim is bad enough to miss work, the employee may be entitled to weekly income benefits.  The dollar amount of these benefits (also known as the “comp rate”) would depend on the employee’s average weekly wage.  Unfortunately, the comp rate is limited based on the date of injury.

The Ramos Law Firm represents clients with workers’ compensation legal concerns in the Atlanta metro area and throughout Georgia, including Marietta, Decatur, Douglasville, Lithonia, Lawrenceville, Smyrna, Stone Mountain, Norcross, Riverdale and Jonesboro.

If you would like a free consultation regarding your workers’ compensation injury, please contact our firm.

Airline Employee Injured on the Job

Jan 29th, 2011
by Bryan Ramos.
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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 (more…)

Have you been injured while working as a Nurse in Georgia?

Jan 22nd, 2011
by Bryan Ramos.
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A recent Bureau of Labor Statistics study showed that registered nurses, nursing aides, orderlies, and attendants  experienced more musculoskeletal disorders and back injuries than any other profession.  This study supported that 12 percent of nurses in a hospital setting suffer these injuries.  Moreover, 17.3 percent of nurses in a nursing home setting experience these work-related injuries.  This should not be surprising as nurses are often responsible for the physical care of the patients.

If the injury occurred while the nurse was in the course of his or her employment, he or she is entitled to medical care and weekly compensation if work time is missed. It is important to report the injury immediately and begin (more…)

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