Georgia Workers' Comp Blog Rotating Header Image

workers’ comp law

How long do I have to…file my claim, notify my supervisor, etc.

If you are injured at work in Georgia there are several deadlines you should be aware of in order to preserve any potential workers’ compensation claim you may have.  First, you must give the employer notice of the injury within 30 days of the injury date.  (O.C.G.A. § 34-9-80).  You then have (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 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…)

Court of Appeals Decision: Change of Condition v. New Injury

The Georgia Court of Appeals recently issued an opinion in which it clarified one of the distinctions between a new injury and a change of condition. (more…)

Alumni Leaders Week at Johnson & Wales University

Most people probably have the notion that their attorney went to high school, undergrad, law school, and began practicing right away.  That is not necessarily the case.

After I received my undergraduate degree at Ohio Wesleyan University, I attended Johnson & Wales University, where I received a degree in culinary arts.  In fact, I cooked professionally for some time before deciding to go on to law school.

Johnson & Wales University is far more than a culinary institution(more…)

Can an employee injured on his way home from working out of town get compensation?

Let’s assume the following facts: An employee works for a construction company based in Atlanta, Georgia; he is assigned to a construction project in Alabama; his employer is not reimbursing the employee for time and travel in the employee’s personal car to the remote location; on his way home to Atlanta on a Friday afternoon at 6:15 p.m. he is injured in a car accident. Can the employee receive workers’ compensation benefits for his injuries and lost time resulting from the car accident?

Under the above facts (more…)

Lies about Past Injuries Can Harm a Claimant’s Workers’ Comp Case

Pursuant to the case law presented in Georgia Electric Company v. Rycroft, 259 Ga. 155, 378 S.E.2d 111 (1989), an employee’s claim for workers’ compensation benefits may be denied if the employer can prove that the employee lied about old injuries. (more…)