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I was injured at the company Christmas Party. Am I eligible for benefits?

Under the Georgia Workers’ Compensation Act, accidental injuries occurring while the employee is participating in a company sponsored event, such as the company Christmas party, is compensable under one of the following conditions:

(1) The injury occurred on the premises as a regular incident of employment;

(2) The event is required by the employer: either expressly or implicitly; or

(3) The employer obtains substantial or direct benefits from the event or activity. (Beyond the intangible value of improving company morale.)

If the employee was injured due to intoxication, horseplay, or other willful misconduct, the employer has cause to combat the validity of the case. It will be a very fact-sensitive analysis that will determine whether the employee can recover benefits.

If you have been injured, report the incident to your supervisor. Failure to report the accident within 30 days can jeopardize your benefits. (O.C.G.A. § 34-9-80).  Your employer will likely ask you to fill out paperwork detailing the incident, and will conduct an investigation. It’s in your best interest for your company to conduct a thorough and timely investigation, providing all parties with the facts we need to manage your case.

If you’ve been injured at your company Christmas party or other company-sponsored event, and need your case evaluated, please call The Ramos Law Firm for a free consultation. (404)355-3431.

The Ramos Law Firm has been supporting Georgia’s workforce for nearly a decade, practicing 100% Workers’ Compensation. Visit our website and blog for trends and news affecting Georgia workers.

Changing doctors in the workers’ compensation claim

If the injured worker desires to change doctors within the posted panel of physicians, he or she may do so without approval from the Board or the insurance company.  This change is only allowed one time, however. If the injured employee wants to change physicians to someone not listed on the panel of physicians, he or she must either find a doctor the insurance company will agree to, or formally request the change from State Board of Workers’ Compensation.  See, O.C.G.A. 34-9-201(e).  This holds true if the insurance company wants to transfer care from the established treating physician to another physician.  For example, if the insurance company desires to transfer care away from Dr. Erik Bendiks to Dr. Hal Silcox, it must either convince the injured worker to agree to the change or present evidence to the State Board justifying the change.  This change has tremendous impact on the claim and should not be taken lightly. (more…)

Settlement in Workers’ Compensation Claims

The term “settlement” can be very confusing in a Georgia workers’ compensation claim.  Essentially, a “settlement” is an agreement between the parties where one party receives financial compensation in exchange for releasing the other party from any further obligations or threat of prosecution.  Additionally, a settlement (more…)

Mileage reimbursement, parking, and transportation / meals – housing under GA Work Comp

The price of gasoline and the stress of battling the Atlanta traffic to get your workers’ compensation medical appointment can add “insult to injury” in some cases.  In many cases, injured workers (more…)

Reporting a Work Accident and Injury

When an accident happens at work and an injury occurs, the first thing an injured worker should do is seek medical attention by reporting the event to the immediate supervisor or manager.  The injured employee should report the details of the accident but focus on securing medical attention.  At our firm, we encourage (more…)

Tax reporting for Workers’ Compensation income benefits and settlements

As 2013 ended, the issue of whether workers’ compensation benefits and settlement proceeds should be reported as “income” on your taxes has once again arisen.  Generally, IRS Code 104 provides (more…)

The State Board of Workers’ Compensation requires notice of temporary partial disability conversion

Effective January 1, 2014, Board Rule 104 requires that Form WC-104 be filed with the Board at the same time (more…)

Changes to the Georgia Workers’ Compensation Law in 2013

Employees injured on or after July 1, 2013 will be operating under a new set of rules. Georgia House Bill 154 was signed into law by Governor Nathan Deal. The new law limits medical treatment for (more…)

Injured while working at Coca-Cola in Atlanta, Georgia?

The Coca-Cola Company is an American icon in our culture.  However, sometimes its workers are injured while on the job.  Over the past years, the Ramos Law Firm has represented employees working in Atlanta and other cities around the state of Georgia.  In representing these injured workers, we have compiled a short list of things to do if you are hurt on the job:

  1. Report it to your supervisor. (more…)

Georgia’s New “Limited Medical” Law Shifts Costs to Medicare

The Georgia Governor and Legislature amended the Workers’ Compensation Act to limit the medical benefits afforded to injured workers.  Currently, if you are injured on the job, you are entitled to (more…)