Under the Civil Practice Act, a party is entitled to take a deposition upon oral examination of any individual who has relevant information. In a workers’ compensation setting, this typically starts with the employee’s deposition. That is, counsel for the employer/insurer will take the deposition of the injured worker. The Employer/Insurer’s attorney will often come […]
Generally, when an employee steps outside from his employment to engage in practical joking or horseplay, the injury is not covered under the Georgia Workers’ Compensation system. The Courts have not defined what is considered “horseplay.” Instead, it has been treated as a question of fact to be decided on a case-by-case basis. In Bibb […]
Sometimes a worker may be disabled from more than one job because of his work-related injury. The question becomes, is he/she entitled to compensation for the loss of earnings from the job he/she was not injured at? Under the Georgia Workers’ Compensation system, this is decided on a case-by-case basis. The administrative law judge determines […]
It is common, after a case has been accepted and the worker is receiving workers’ compensation benefits but has light duty work restrictions, for the employer/insurer to attempt to return the employee to modified work. Often, this is done by the employer/insurer to reduce the value of the claim. A return to work potentially reduces […]
Certain employers are not subject to the act. First, to be subject to the Act, the employer must have three or more employees. If the employer has fewer than three employees, it is not subject to Georgia Workers’ Compensation. Moreover, employees not subject to the Act include farm laborers, domestic servants, railroad workers, and independent […]
If death results from a work accident, the Employer/Insurer may be liable to the dependents of the deceased. Moreover, the compensable injury does not need to be the sole cause of the employee’s death under the Georgia Workers’ Compensation Act. If the compensable injury at least triggered, aggravated, or activated a disease or dormant condition, […]
Unlike a typical personal injury claim, attorney fees are capped and limited by statute under the Georgia Workers’ Compensation Act. Attorney fees greater than $100.00 must be approved by the State Board. Attorney fees are limited to 25% of the settlement proceeds and/or weekly benefits obtained on behalf of the client. If the injured worker […]
A fellow attorney recently asked me whether his client, the decedent of a employee who was struck by lighting working at Atlanta Hartsfield Airport, would be entitled to death benefits under Georgia Workers’ Compensation Law. The answer is yes. The Georgia Courts have adopted the positional risk doctrine. Under this doctrine, it is only necessary […]
There are three types of disability benefits under the Georgia Workers’ Compensation Act. 1) Temporary Total Disability Benefits: Where the disability to work resulting from the injury is temporary total, the employer shall pay a weekly benefit equal to 2/3 of the employee’s average weekly wage up to a maximum of $500.00 per week. An […]
Often, clients ask what they need to bring during their first appointment. Nothing is required, and we can always obtain any information we need, but if you do have the following, please bring to your free consultation: 1) any medical records you have from this accident 2) any correspondence or Board forms you have received […]
Often, clients ask what they need to bring during their first appointment. Nothing is required, and we can always obtain any information we need, but if you do have the following, please bring to your free consultation: 1) any medical records you have from this accident 2) any correspondence or Board forms you have received […]
Under the Georgia Workers’ Compensation Statute, if the injured employee receives emergency treatment for his on-the-job injury with an otherwise unauthorized physician, then this physician is authorized so long as the emergency exists. Emergency is defined as “an unforeseen occurrence or combination of circumstances which calls for immediate action or remedy; pressing necessity; exigency.” However, […]