Ramos Law Firm Workers' Comp Blog Rotating Header Image

Workers’ Compensation Act

If I had a beer shortly before my work injury, am I barred from receiving workers’ compensation benefits?

Generally, no compensation is allowed for an injury or death due to an employee’s “willful misconduct.”  O.C.G.A. §34-9-17.   Moreover, if the injury or death of the employee is due to (more…)

Messing up my workers’ compensation case

Recently, I had a Piedmont Hospital employee ask me how most clients “mess up” their workers’ compensation case.  After some thought, I advised her that the most common issue clients have is not (more…)

Is the employer required to provide medical treatment because of a workers’ compensation injury?

Yes, the Workers’ Compensation Act provides that “Employer/Insurer shall furnish the employee entitled to benefits under this chapter such medical, surgical, and hospital care and other treatment, items and services which are prescribed by a licensed physician . . . reasonably required and appear likely to effectuate a cure, give relief, or restore the employee to suitable employment.”   In other words, the Employer and the insurance company are responsible for the reasonable medical treatment related to the work accident.

Board Rule 200(a)(1) further explains that the: “Employer/Insurer have a duty to provide all reasonable and necessary medical treatment in a timely manner and to give appropriate assistance in contacting medical providers when necessary.”  Similarly, the Employer and Insurance company must approve and authorize this treatment without significant delay.

In our experience, many injured workers fall victim to delays and denials of medical treatment as they are not properly trained on what to ask for or what to do.  Medical treatment is crucial to properly heal from the work accident.  If you have suffered a work related accident and you are unable to get medical care, we recommend you call us at 404-355-3431 to assist you.

Truck Driver Injured While Driving

Employees of trucking companies generally enjoy the same rights as other employees when it comes to workers’ compensation. The exception is the “owner-operator”. These owner-operators are specifically excluded from the Workers’ Compensation Act. The statute provides (more…)

What does “full duty” or “normal duty” mean?

This is a magical term of art, science, and law. In the Georgia workers’ compensation realm, this medical certification functionally translates to the injured worker having no physical limitations related to any work injury. Generally taken, your Employer will assert that you are able to work with your normal job as if (more…)

Attacked by a customer, client or patient

Workplace violence appears to be occurring more and more each day. According to OSHA, workplace homicides are the fourth-leading cause of fatal occupational injury in the United States. The Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI) determined that there were 521 workplace homicides in the preliminary count of 2009 in the United States.

If a worker is attacked by a customer, the resulting injuries should be covered under workers’ compensation. The State Board of Workers’ Compensation will ask whether (more…)

Valentine’s Day brings joy to most but can mean injury for others

Thousands of people will be rushing to their favorite romantic restaurant this week for Valentine’s Day. In preparing for these meals, restaurant workers will be working very hard and have a greater likelihood of being injured. The (more…)

Hurt While Working at Coca-Cola or in the Beverage Industry?

Coca-Cola (commonly known as “Coke”) is one of the world’s largest beverage companies. It is headquartered in Atlanta, GA and has several hundred employees. As such, Coke employees are generally covered under the Workers’ Compensation Act. Over the years, our firm has had the privilege of representing Coke employees and helping them secure their weekly income and medical benefits. In our experience, workers at Coke suffer injuries similar (more…)

Airline Employee Injured on the Job

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 (more…)

Injured While Working on a Constrution Site in Georgia?

Many work place accidents occur at the construction sites in Atlanta as well as any other Georgia city or town .  It is important to understand that these injuries are not “just part of the job”.   These injuries must be reported appropriately and these workers should receive quality medical treatment.  Many construction employees feel irritated, frustrated, or overwhelmed by the workers’ compensation process.  Employers may even (more…)