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workers’ comp benefits

My doctor considers my injuries disabling, another doctor does not, who has the final say?

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 (more…)

State Employees are eligible for workers’ compensation benefits

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 (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 personal health condition prevent me from obtaining workers compensation benefits?

In a recent case, a court was asked to decide whether an employee’s obesity was the primary cause of a work injury which would have prevented the employee from receiving benefits.  The court announced that the determining factor was whether the employee was injured while performing an activity that was part of his/her job. If the employee was injured while on duty and working, then she is eligible for benefits.

In this case (more…)

Should I Apply for Social Security?

One of the questions that can be a source of great anguish is whether or not an injured employee should apply for Social Security Disability benefits.  It requires the employee to consider that he or she may never be able to return to be a productive member of the workforce.  The very thought of it can bring visions of having the stigma of being a statistic attached for life. (more…)

Will my failure to wear my seat belt harm my workers comp claim?

There are many Americans that drive commercial vehicles as part of their daily job.  Since their jobs include driving, they must face the hazards of the roads and highways.  What happens if an employee is involved in a car accident while working, and he is not wearing a seat belt at the time of the accident? Will his failure to wear his seat belt harm his workers compensation claim?

The first thing we must consider (more…)

Why Isn’t My Case Moving Along More Quickly

If you have suffered a work-related injury and cannot work, you are entitled to workers’ compensation benefits. Yet when an employer/insurer denies benefits for any reason, there can certainly be some frustration while waiting for results from a claim filed with the State Board of Workers’ Compensation.  That frustration (more…)