Ramos Law Firm Workers' Comp Blog » Workers’ Compensation Act

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

Bryan Ramos — Tue, 26 Jul 2011 16:04:59 +0000

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 alcohol intoxication or being under the influence of marijuana or other controlled substances, then there may be a “rebuttable presumption” that the injured worker is not entitled to workers’ compensation benefits.

HOWEVER, merely ingesting an intoxicating liquor, even being “under the influence” to a degree is not a complete bar to workers’ compensation benefits. The injured worker must be able to prove he or she was not “intoxicated” and the alleged “intoxication” was not the legal cause of the injury.

These cases are very technical and fact specific. Predictably, the workers’ compensation insurance company will likely take a hard line stance in these cases. However, injured workers can win these cases. For a free consultation, please contact the Ramos Law Firm.

Messing up my workers’ compensation case

Bryan Ramos — Tue, 05 Jul 2011 19:08:58 +0000

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 accurately or comprehensively reporting the accident AND injuries to their supervisors. I advise some employees hurt at work to take a moment and actually write down what happened for themselves. These employees should keep in their detailed diary or journal:

what happened;
the time and date it happened;
the names of the witnesses;
the people involved;
what caused the accident;
all the injuries which resulted from the accident;
who the hurt worker’s supervisor was at the time;
what the supervisor told the injured employee as to medical treatment and job status;
medical instructions given by the doctor; and
the identity of all the doctors he has seen relating to the accident.

The judge will put a lot of emphasis on the initial reports of the accident.

Also, a sure fire way to mess up your case is to miss doctors appointments. By doing this, the State Board of Workers’ Compensation will think that you do not need medical treatment and that you have no disability. On the same token, the injured employee should not exaggerate, nor should he hide, the pain and limitations that has resulted from the work injury. Again, I recommend keeping a journal or diary with the injured workers to document the type of pains he is having. Many of my clients will say, “I forgot to tell the doctor about . . .” It is best to come into the medical appointment prepared.

Furthermore, take down your social media pages. Forget the facebook and twitter updates. The insurance companies may have hired private investigators to see what you are up to and to see if they can twist your “status updates” into evidence against your case. Be smart about what you post. . .

I am sure there are others but these seem to be on my mind. If you have a question about your workers’ compensation injuries, please feel free to contact my firm for a free consultation.

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

Bryan Ramos — Wed, 11 May 2011 10:18:08 +0000

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

Bryan Ramos — Mon, 07 Mar 2011 14:00:00 +0000

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 that these commercial truck owner-operators are independent contractors. HOWEVER, the employees of the owner-operators do not fall under this exclusion and may be entitled to workers’ compensation benefits. In other words, if you are an employee of an owner-operator who leased his services to another trucking company, and you are injured on the job, you may be entitled to income and medical benefits. This is true regardless of fault, but presuming the accident was not willfully caused by the employee and it happened on the trucking job.

The classification and determination of whether you are an owner-operator or employee of one can be complicated. If you have been injured in any trucking accident and need some clarification as to what your options are, please contact the Ramos Law Firm at (404) 355-3431 for your free consultation.

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

Bryan Ramos — Mon, 28 Feb 2011 13:00:00 +0000

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 the injury never occurred.

From a legal standpoint, this term allows for the Employer and the insurance company to “cut-off workers’ compensation benefits” provided it follows proper procedure. As I mentioned before, the term “full/normal duty” is magical for insurance companies. However, it may be devastating to the injured worker when he or she sincerely believes otherwise.

If the employee continues to experience pain resulting from the work injury; requires pain medication to function; or is physically limited in what he or she can do on the job, the certification of “full duty” may be inappropriate. Perhaps a light duty release would be more accurate. A light duty release should outline what medical or physical restrictions the injured employee currently has as it relates to the work injury. Essentially, these “full duty versus light duty” determinations are done by the treating physician. Unfortunately, many of these doctors have been pre-selected by the insurance company. Therefore, it is crucial that the injured worker be completely honest and candid with the treating doctor about how the hurt employee feels. This is no time to be stoic as this may have lasting legal ramifications.

If you have any questions about your light duty or full duty releases, please contact the Ramos Law Firm at 404-355-3431 or email us for your free consultation.

Attacked by a customer, client or patient

Bryan Ramos — Mon, 21 Feb 2011 13:00:00 +0000

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 the injuries arose out of and in the course of the worker’s employment. For example, if a nurse was attacked by a patient who had a bad reaction to his medication, his or her injuries are likely to be covered. This injured nurse would be entitled to medical and income benefits. If the attack results in the death of the employee, then the dependents of the employee would be the beneficiaries of the workers’ compensation benefits.

If you have been attacked or injured on the job, please call the Ramos Law Firm at 404-355-3431 for a free consultation.

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

Bryan Ramos — Mon, 14 Feb 2011 13:00:00 +0000

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 Ramos Law Firm represents restaurant workers hurt on the job. Many of these employees are kitchen workers who experience burns to their hands, arms and face. Others have hurt themselves carrying food supplies in and out of the stock room. Also, some workers slip in the kitchen while many servers may fall during the delivery of the food.

Common restaurant injuries are knee twists and sprains; back strains and herniations; and burns. When such a work accident happens, it is important to report the injury to the supervisor in charge. Presuming the injury occurred on the job, the injured employee has the right to seek medical treatment. If the injury is severe enough that the employee misses time from work, the injured worker may be eligible for income benefits.

If you have been injured while working in the restaurant industry and you want a free consultation about your rights under workers’ compensation law in Georgia, please contact the Ramos Law Firm at 404-355-3431 or email us.

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

Bryan Ramos — Thu, 10 Feb 2011 13:00:00 +0000

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 to that of other factory employees. These workers suffer shoulder injuries from repetitive jobs such as mixing formula; knee injuries from loading product; or back pain from general warehouse jobs.

According to the Bureau of Labor and Statistics, over 9% of every 100 soft drink manufacturing employees reported a work accident in 2009. These injured workers require medical treatment and in some instances miss time for work because of the work accident. Sometimes, the employees will miss several weeks or months of work time. Unfortunately, these injured workers may also lose their jobs because of the work accident.

In these situations, it is important to be informed about any rights you may have under the Workers’ Compensation Act. As you can imagine, Coke employs a “workers’ compensation” group specifically dedicated to protecting Coke’s interest. While Coke is a great company, you should be aware that its workers’ compensation group is not necessarily looking out for your best interests.

It is important that you have your own workers’ compensation advocate looking out for you and your family. Call the Ramos Law Firm today for a free consultation, 404-355-3431.

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.

Injured While Working on a Constrution Site in Georgia?

Bryan Ramos — Mon, 17 Jan 2011 02:43:17 +0000

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 “fire” or terminate these injured workers because of the injury.

Whether you are working for Turner Construction, Blount Construction Company, or Balfour Beaty, construction workers have rights under the workers’ compensation laws in Georgia. The injured employee has the right to seek medical treatment and compensation for any time missed because of the work injury. However, these companies may contest your right to these basic benefits. In fact, these companies have lawyers on retainer dedicated to denying your claim. Don’t attempt to take them on yourself, call the Ramos Law Firm.

At the Ramos Law Firm, we have the experience to handle your workers’ compensation claims against these large companies. Our lawyers were trained by the insurance law firms and understand their motives. We use this unique expertise to further your claim and secure the recovery you deserve.

Schedule your free consultation today, 404-355-3431 or email us.