Ramos Law Firm Workers' Comp Blog » workers’ comp benefits http://www.ramoslawblog.com Georgia Workers' Compensation, Medicare Set-Asides and Injury Trust Funds Thu, 15 Jul 2010 03:07:34 +0000 en hourly 1 http://wordpress.org/?v=3.0 Change of Condition For The Worse http://www.ramoslawblog.com/2010/07/14/change-of-condition-for-the-worse/ http://www.ramoslawblog.com/2010/07/14/change-of-condition-for-the-worse/#comments Thu, 15 Jul 2010 02:27:36 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1189 Generally, a “change in condition for the worse” is defined as a change in the injured employee’s wage earning capacity, physical condition, or status after the original “condition” was established under the law.  (O.C.G.A. § 34-9-104)  The original condition is usually the establishment of the worker’s weekly benefits or medical status.

The injured employee has the burden of demonstrating that change has occurred.  To do this, the injured worker must demonstrate that (1) her condition has changed for the worse; (2) that because of this change, she is unable to continue to work; (3) that because of this inability to work, she has either a total or partial loss of income; and (4) that the inability to work was caused by the original work injury.

A typical “change in condition” situation occurs when the employee hurt-at-work has an accepted and valid occupational injury.  She is provided weekly income benefits (temporary total disability) for a period of time, as well as medical treatment.  At some point in time, she was able to return to work for the employer.  However, after a few months, the injured employee’s physical condition worsened causing her to miss time from her work.

As you can see, the original condition was established when her claim was accepted under workers’ compensation and she was provided income and medical benefits.  After her return to work, her condition changed for the worse.  Because of this change the injured worker became unable to work which caused some loss of income.  For our purposes, we must presume that the claimant’s recent inability to work was caused by the original work accident.  Consequently, the injured employee may be entitled to a recommencement of workers’ compensation income benefits provided that a proper filing was made with the State Board.

For information, please contact Bryan Ramos at 404-355-3431 or email.

Related posts

]]> http://www.ramoslawblog.com/2010/07/14/change-of-condition-for-the-worse/feed/ 0 Pilgrim’s Pride Leaves Chapter 11 Bankruptcy http://www.ramoslawblog.com/2010/01/21/pilgrim%e2%80%99s-pride-leaves-chapter-11-bankruptcy/ http://www.ramoslawblog.com/2010/01/21/pilgrim%e2%80%99s-pride-leaves-chapter-11-bankruptcy/#comments Thu, 21 Jan 2010 15:57:19 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1114 The chicken processing company, Pilgrim’s Pride Corporation, exited Chapter 11 bankruptcy in late December 2009. The company is a Texas based corporation that has many plants in Georgia.  This company spent thirteen months reorganizing itself through Chapter 11.  Additionally, Pilgrim’s Pride acquired the Atlanta based Goldkist Corporation, and announced that it would close it’s plant in Dalton, Georgia, and announce another closure in Athens, Georgia.

The attorneys at the Ramos Law Firm have represented the workers in various chicken processing plants, and they are familiar with the tactics employed by these corporations. If you have been injured on the job, please feel free to contact the Ramos Law Firm for your free consultation.

Reblog this post [with Zemanta]

Related posts

]]> http://www.ramoslawblog.com/2010/01/21/pilgrim%e2%80%99s-pride-leaves-chapter-11-bankruptcy/feed/ 0 What benefits am I entitled to if my employer reduces my work hours and pay because of my workers’ compensation injury? http://www.ramoslawblog.com/2009/11/16/what-benefits-am-i-entitled-to-if-my-employer-reduces-my-work-hours-and-pay-because-of-my-workers-compensation-injury/ http://www.ramoslawblog.com/2009/11/16/what-benefits-am-i-entitled-to-if-my-employer-reduces-my-work-hours-and-pay-because-of-my-workers-compensation-injury/#comments Mon, 16 Nov 2009 05:03:20 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1040 When an employer reduces the injured employee’s hours or pay because of her workers’ compensation accident, the employer may be required to pay a portion of the difference between the average weekly wage before the accident and the average weekly wage after the accident.  The difference in these wages would be taken at a 2/3 rate of pay.  This is called temporary partial disability.  These benefits are calculated on a weekly basis.

In many situations, the employer will not voluntarily commence these benefits to the injured worker.  It is the injured worker’s responsibility to raise this issue with his or her employer.

The attorneys at the Ramos Law Firm understand this concept and have prosecuted many of these cases resulting in causal results for its clients.  If you’ve been injured on the job and you are now making less money because of your work injury, please contact the attorneys at the Ramos Law Firm.

Related posts

]]> http://www.ramoslawblog.com/2009/11/16/what-benefits-am-i-entitled-to-if-my-employer-reduces-my-work-hours-and-pay-because-of-my-workers-compensation-injury/feed/ 0 How often can I see the workers’ compensation doctor? http://www.ramoslawblog.com/2009/09/12/how-often-can-i-see-the-workers-compensation-doctor/ http://www.ramoslawblog.com/2009/09/12/how-often-can-i-see-the-workers-compensation-doctor/#comments Sun, 13 Sep 2009 03:43:08 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1042 When an injury on the job occurs, the Employer and their insurance carrier are responsible for furnishing medical treatment to the hurt employee.  However, the Employer and insurance carrier will generally have a pre-approved list of doctors for the injured work to choose from.  Once the injured worker makes his or her selection, the number of visits is unlimited as long as the occupational injury exists.  Obviously, the treating doctor will set the care plan.  However, as long as the work injury necessitates treatment, the injured employee is entitled to receive the medical care.

In a workers’ compensation claim the insurance company will be monitoring the worker’s care plan and progress.  It is in their best interest to “cut you off” of treatment as soon as possible.  Unfortunately, the insurance companies have hand picked their initial line of physicians for you.  Even more unfortunately, sometimes their loyalties may not run to the patient.

In most cases, an injured worker needs the protection of a lawyer who will put the patient’s best interest in front of his own.  It would be best to be represented by a lawyer who exclusively handles and tries workers’ compensation cases.  At the Ramos Law Firm, our attorneys only handle these workers’ compensation matters.  If you have been injured on the job, call our attorneys for a free consultation at 404-355-3431 or click here to contact us now.

Related posts

]]> http://www.ramoslawblog.com/2009/09/12/how-often-can-i-see-the-workers-compensation-doctor/feed/ 0 What does “normal”, “full”, or “regular” duty really mean in my GA Workers’ Compensation claim? http://www.ramoslawblog.com/2009/09/08/what-does-normal-full-or-regular-duty-really-mean-in-my-ga-workers-compensation-claim/ http://www.ramoslawblog.com/2009/09/08/what-does-normal-full-or-regular-duty-really-mean-in-my-ga-workers-compensation-claim/#comments Tue, 08 Sep 2009 16:03:50 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1035 In the world of workers’ compensation, the terms “normal duty”, “full duy”,  or “regular duty” work release has a significant effect on a work comp claim.  Essentially, the normal duty release allows the employer to unilaterally suspend income benefits.  In some cases, this regular duty release may give the employer the argument that no future treatment is warranted.  In other words, the employer will argue that the work-related injury has resolved or that the hurt employee is “cured.”  The Employer/Insurer will take the position that the hurt worker is back to “normal” as if the injury never occurred.

When a person is hurt at work and surgery or another invasive procedure is performed, a “cure” may be unlikely.  Interestingly, an injured employee may be issued “permanent work restrictions” but also be released to “full duty”, “normal duty” , or “regular duty” work.  This is a total ideological contradiction.  How can an injured worker have permanent medical restrictions and also be back to normal?

These inconsistencies will often confuse the injured worker.  Don’t be taken advantage of. The lawyers at the Ramos Law Firm can help you protect your rights.  Our lawyers are dedicated to Georgia Workers’ Compensation.  Call us now at 404-355-3431 for a free consultation.
Reblog this post [with Zemanta]

Related posts

]]> http://www.ramoslawblog.com/2009/09/08/what-does-normal-full-or-regular-duty-really-mean-in-my-ga-workers-compensation-claim/feed/ 0 Georgia’s Injured Employees and Workers’ Compensation http://www.ramoslawblog.com/2009/08/16/georgias-injured-employees-and-workers-compensation/ http://www.ramoslawblog.com/2009/08/16/georgias-injured-employees-and-workers-compensation/#comments Mon, 17 Aug 2009 02:13:22 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=1007 Generally, when an employee is injured in Atlanta or any other city in Georgia, the employee may be entitled to workers’ compensation benefits. These benefits are primarily made up of medical treatment as it relates to the work injury and income benefits to a certain point.

In most cases, the Employer may have a list of medical doctors from which the injured workers may obtain treatment.  These doctors may consist of occupational, orthopedic, or neurological specialists.  The Employer has the burden of having this list of doctors posted in a prominent place.  The Employee has the choice of selecting any doctor on this panel.  Also, the injured worker may also change or switch doctors one time without the Employer’s permission.

The income benefits are determined by averaging the injured employee’s weekly wages from the previous 13 weeks and taking 2/3rds of it. Moreover, the 2/3rds of this average weekly wage is capped depending on the date of the accident or injury. This is called the workers’ compensation rate.  If the injured employee is not making the maximum workers’ compensation rate, the Employer/Insurer is required to outline their calculations for the State Board.  It is important to scrutinize these numbers to ensure proper payment.

These workers’ compensation benefits should be started in a timely fashion as outlined by the law.  If you have been injured on the job and would like to discuss your claim, please contact the Ramos Law Firm for a free consulation with an expert in the field.

Related posts

]]> http://www.ramoslawblog.com/2009/08/16/georgias-injured-employees-and-workers-compensation/feed/ 0 Technology Helps Law Firms Lower Cost http://www.ramoslawblog.com/2009/07/20/technology-helps-law-firms-lower-cost/ http://www.ramoslawblog.com/2009/07/20/technology-helps-law-firms-lower-cost/#comments Mon, 20 Jul 2009 04:15:37 +0000 Gail Bailey http://www.ramoslawblog.com/?p=951 In today’s world everyone is looking for ways to save money. This holds true for both the Ramos Law Firm and the injured workers we help. One way we are helping our clients save money is through the use of technology.

The Ramos Law Firm was founded in April of 2005. Later that year we began examining ways to become more efficient. By January of 2006 we had purchased and implemented several pieces of equipment and computer software to help us achieve that goal. These items include a software program designed to facilitate the management of our clients’ cases. This case management software, in combination with other programs, allows us to have access to all file material whether we are at our desk or across the state.

One tool used to accomplish this “paperless” “less paper” office is the scanner. The scanner allows us to cut down on the number of copies we make, reduces the paper cost and the amount of postage used.  Since these are charges that law firms routinely charge their clients for, we have lowered clients’ costs by implementing these changes.

If you have been injured at work in Georgia, call an attorney with the Ramos Law Firm for advice.

Reblog this post [with Zemanta]

Related posts

]]> http://www.ramoslawblog.com/2009/07/20/technology-helps-law-firms-lower-cost/feed/ 0 My doctor considers my injuries disabling, another doctor does not, who has the final say? http://www.ramoslawblog.com/2009/07/11/my-doctor-considers-my-injuries-disabling-another-doctor-does-not-who-has-the-final-say/ http://www.ramoslawblog.com/2009/07/11/my-doctor-considers-my-injuries-disabling-another-doctor-does-not-who-has-the-final-say/#comments Sat, 11 Jul 2009 18:51:04 +0000 Julia Lindsey http://www.ramoslawblog.com/?p=802 In many situations, an employer and an employee will present conflicting testimony and evidence.  For example, an employee’s treating physician might classify an employee’s injury as disabling and catastrophic.  The employee will never to be able to work again.  While a doctor for the employer, who has had the opportunity to examine the employee, might present a less severe diagnosis that will allow the employee to return to work.  Both doctors are well respected in the community, but one is more liberal or conservative than the other.  What happens in this situation?

As a general rule, in workers’ compensation claims, although all medical opinions must be considered, acceptance of an opinion is not required.  The weight and credit to be given to expert testimony, such as a doctor, is a question for the fact-finder or judge.  The Board of Workers’ Compensation may accept testimony of one doctor over another doctor.  In the situation presented, the Board or administrative law judge will be in the best position to examine all of the evidence and determine the credibility and weight of the evidence.  The Board or administrative law judge will decide which doctor’s medical testimony to accept.

Related posts

]]> http://www.ramoslawblog.com/2009/07/11/my-doctor-considers-my-injuries-disabling-another-doctor-does-not-who-has-the-final-say/feed/ 0 State Employees are eligible for workers’ compensation benefits http://www.ramoslawblog.com/2009/06/30/state-employees-are-eligible-for-workers-compensation-benefits/ http://www.ramoslawblog.com/2009/06/30/state-employees-are-eligible-for-workers-compensation-benefits/#comments Tue, 30 Jun 2009 11:13:50 +0000 Bryan Ramos http://www.ramoslawblog.com/?p=880 It is not surprising that the largest employer of Georgia workers is the State of Georgia itself.  The State of Georgia has dozens of agencies from the State Accounting Office to the Department of Transportation.  Under the workers’ compensation code, state workers are included as eligible employees for benefits should they be injured on the job.

Not unlike any other injured worker, the state employee who is injured on the job, either by a traumatic accident such as a prison guard being attacked by an inmate or by a repetitive or cumulative motion injury such as carpal tunnel syndrome that a clerical assistant or worker at the State Personnel Office may incur, may be entitled to weekly benefits and medical treatment.  The threshold questions are (1) whether the worker was in fact an employee of the State, and (2) whether the accident arose out of and in the course of employment. The answers to both questions must be “yes.”
As another general example, should an officer with the Georgia State Patrol be injured as a result of a car accident when chasing a criminal or shot in the line of duty, the officer would be entitled to workers’ compensation benefits.  Specifically, he or she would be entitled to weekly income benefits should he or she miss time from work as well as medical treatment relating to the injuries sustained in the accident.  Furthermore, in the event the injured officer may need mental health counseling for depression or post-traumatic stress, the psychiatric or psychological sessions would also be covered, provided that the officer also had physical injuries.
The state workers or employees can receive up to 400 weeks of income benefits under the law in certain circumstances.  Also, the state worker would be eligible for life-time medical treatment for the injuries he or she sustained while on the job.  However, the authorized treating physician must document the continued treatment was causally related to the workers’ compensation injury.  Lastly, the state employee may be entitled to compensation for any permanent loss of use or impairment.  The value of the permanent impairment depends on the severity of the injury, the physician’s evaluation of the loss of use, and the state worker’s compensation rate as determined by the workers’ compensation law.
If you have any questions about state workers’ rights under the Workers’ Compensation Act in Georgia, contact Bryan Ramos at the Ramos Law Firm.
Reblog this post [with Zemanta]

Related posts

]]> http://www.ramoslawblog.com/2009/06/30/state-employees-are-eligible-for-workers-compensation-benefits/feed/ 0 How Will I Receive Medical Treatment if My Workers’ Comp Claim is Controverted? http://www.ramoslawblog.com/2009/06/25/how-will-i-receive-medical-treatment-if-my-workers%e2%80%99-comp-claim-is-controverted/ http://www.ramoslawblog.com/2009/06/25/how-will-i-receive-medical-treatment-if-my-workers%e2%80%99-comp-claim-is-controverted/#comments Thu, 25 Jun 2009 14:27:24 +0000 Adriana Sola Capifali http://www.ramoslawblog.com/?p=860

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 necessarily mean the injured workers’ claim has ended.  It is merely the position the Employer/Insurer has taken.  It will be the claimant’s burden to prove that the Employer/Insurer is wrong. From a practical perspective, the Employee has the daunting task of locating a qualified physician to continue treatment.

When a claim is controverted, the Employee may choose to treat with a physician of his or her choice, pursuant to Board Rule 201(b).  This Board Rule  states that “the Employer/Insurer cannot restrict treatment of the Employee to the panel of physicians, conformed panel of physicians, or WC/MCO when the claim has been controverted.” Therefore, the Employee is free to choose his or her authorized treating physician.

Although an injured Employee has greater control of his or her medical treatment when a claim is controverted, the Employee is still left with the challenge of paying for medical treatment.  Since the cost for medical treatment will escalate within a short period of time, an Employee must consider alternatives to paying for medical treatment either out of pocket or through another insurance carrier.  An attractive alternative for Employees is to identify a physician who will provide medical treatment on a ”lien basis”.  Treating on a lien basis means the Employee will not pay for medical treatment or services at the time the treatment is rendered, but will pay for the treatment at the time his or her claim settles.

A physician or medical facility which offers medical treatment on a lien basis to workers’ compensation patients will protect their interests by requiring that the Employee and his or her attorney sign a ”letter of protection.”  A letter of protection is a contract between the patient, attorney and medical provider, which ensures the attorney will pay all medical bills for treatment rendered on a lien basis from the Employee’s settlement funds.

Seeking treatment on a lien basis is not the ideal for most Employees and attorneys, but it is a workable alternative for the injured Employee who cannot afford the immediate out-of-pocket cost.

If your workers’ compensation claim is controverted, please contact the Ramos Law Firm to discuss seeking treatment for your work injuries.

Related posts

]]> http://www.ramoslawblog.com/2009/06/25/how-will-i-receive-medical-treatment-if-my-workers%e2%80%99-comp-claim-is-controverted/feed/ 0