Ramos Law Firm Workers' Comp Blog » workers’ comp benefits

Sears Closes Stores

Bryan Ramos — Wed, 04 Jan 2012 06:05:00 +0000

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)?

Bryan Ramos — Thu, 27 Oct 2011 10:50:22 +0000

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, the PPD rating is a medical assessment of the work injury permanently affecting the injured worker’s range of motion or overall body functioning.

Generally, the PPD rating is issued by the authorized treating physician after the injured employee reaches “maximum medical improvement” where the employee is “about as good as he or she is going to get.” The physician will make the determination of the PPD rating by using the American Medical Associations’ Guide to Impairment. This rating will be issued in percentage compared to overall functioning.

Georgia’s Workers’ Compensation Act provides compensation in relation to the physician’s impairment assessment. This table is found in O.C.G.A. §34-9-263. In certain circumstances, doctors may disagree as to the ratings and they can differ. Also, you may have the option of seeking a second opinion. If you have any questions about the PPD rating, please contact the Ramos Law Firm at 404-355-3431.

Rise in injuries expected as kids head back to school

Gail Bailey — Sun, 21 Aug 2011 21:20:12 +0000

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 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.

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.

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.

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.

If you have been injured on the job, give our law firm a call today to schedule your free consultation.

Money benefits in workers’ compensation claims

Bryan Ramos — Thu, 04 Aug 2011 12:38:38 +0000

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 O.C.G.A. § 34-9-261. The amount of money the employee would be entitled to depends upon his or her average weekly wage. The law provides that the employee may receive two-thirds of the average weekly wage. However, the workers’ compensation law provides that the maximum amount the employee may receive on a weekly basis is $500 presuming the injury occurred on or after July 1, 2007. This is regardless of how much the hurt employee was making. O.C.G.A. § 34-9-260.

If two-thirds of the average weekly wage amounts to less than $500, the Employer/Insurer must reveal to the State Board of Workers’ Compensation its calculations through a board form WC-6. Here the Employer/Insurer is obligated to list the employee’s wages for 13 weeks prior to the accident. Often times, employees hurt on the job simply accept the Employer/Insurer’s calculations. However, we believe that the injured employee should verify their numbers to determine if the weekly amount of money provided is accurate.

If you have any questions about your average weekly wage or other money benefits you think you may be entitled to, please contact the Ramos Law Firm at 404-355-3431.

Change of condition; Fictional New Date of Accident

Bryan Ramos — Sat, 30 Jul 2011 00:27:33 +0000

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.

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); Atlanta Hilton & Towers v. Gaither, 210 Ga. App. 343, 436 S.E.2d 71 (1993). See also Aldrich v. City of Lumber City, 273 Ga. 461, 542 S.E.2d 102 (2001). See ABB Risk Management Service/Georgia Kaolin v. Lord, 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. See, O.C.G.A. §34-9-104 and 82.

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.” Central State Hospital v. James, 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.

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.

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

Bryan Ramos — Tue, 19 Jul 2011 17:08:15 +0000

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 at the expense of the Employer and Insurance Company. However, the second evaluation must take place within 120 days of the injured worker’s receipt of income benefits. Additionally, written notice of the evaluation must be made in advance of the examination. The Employer and the Insurance Company’s liability for repeat diagnostics may be limited to $250. See, O.C.G.A. §34-9-202

If you have been injured on the job and have received weekly income benefits, you may be eligible for a free second opinion or independent medical examination. Contact the Ramos Law Firm, if you believe you need assistance in securing this medical right under the Workers’ Compensation Act.

Hearing loss due to job duties

Bryan Ramos — Fri, 10 Jun 2011 17:56:54 +0000

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 may recover benefits for hearing loss by “harmful noise.” The code defines harmful noise as “sound in employment capable of producing occupational loss of hearing.” The definition of “occupational hearing loss” equates to “permanent sensorineural loss of hearing in both ears caused by prolonged exposure to harmful noise” in the employment setting. Additionally, there are specific provisions regarding entitlement to income benefits, as well as the use of protective devices capable of preventing hearing loss.

Hearing loss claims may arise from working at the airport, race tracks, assembly lines, or other areas where “harmful noise” may occur. If you have suffered a hearing loss that may be attributable to your work duties, it would be best to consult with an attorney regarding your rights under the workers’ compensation law. For a free consultation, please contact the Ramos Law Firm at 404-355-3431.

Aggravation of knee problems and workers comp benefits

Bryan Ramos — Mon, 04 Apr 2011 16:33:35 +0000

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

Bryan Ramos — Sat, 29 Jan 2011 14:00:00 +0000

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 to weekly income benefits as outlined in the workers’ compensation law.

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.

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.

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

Bryan Ramos — Sat, 22 Jan 2011 12:44:20 +0000

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 documenting the “chart” of the claim as soon as possible. Many times, these large healthcare employers and their insurance companies will deny responsibility for the work injury. It is best not to go at them alone. Call the Ramos Law Firm at 404-355-3431.

At the Ramos Law Firm, we have represented many nurses and have secured favorable results. If you have been injured while taking care of a patient or while doing your job, call us for a free consultation.

Nurses are on the “frontline” of care. However, when you get hurt, who takes care of you? Whether you are working for Atlanta Medical Center, Piedmont Hospital, Maxim Healthcare Services, or UHS Pruitt, nursing employees are entitled to workers’ compensation benefits.

Call the Ramos Law Firm today for your free consultation at 404-355-3431 or email us today.