The Georgia Court of Appeals agreed with a trial judge that the third party insurer must pay $100,000 in uninsured/underinsured motorist coverage to an injured worker involved in a car accident, even though the injured worker had already received double that amount from the workers’ comp Insurer. The injured worker received workers’ comp benefits and […]
It is not uncommon for someone receiving workers’ compensations benefits to be put under surveillance. It is important to know that if your doctor places you on certain physical restrictions those restrictions apply to not only your work, but what you do outside of work in your daily activities. Insurers hire private investigator to conduct surveillance on the injured worker, […]
The term Repetitive strain injury (RSI) is used to describe pain in the muscles, nerves or tendons due to repetitive movement or postures. This occurs when someone performs the same activity for a continuous period of time; for example, using a keyboard or scanning groceries which affects the hands, wrists, elbows, fingers and forearms. But, […]
In a workers’ compensation claim, an injured worker is not entitled to a jury trial but rather an evidentiary hearing before an administrative law judge or ALJ. This is commonly known as a “bench trial” or “employee’s day in court”. In most cases, the judge will ask the parties for information related to the […]
In Georgia, an employee who is hurt while at work is entitled to workers’ compensation benefits, however, independent contractors and other types of workers are not entitled to benefits under Georgia law. Determining if you are an “employee” can be very complicated and you have to determine whether an employee/employer relationship exists and that is […]
Under House Bill 412 signed into law by Governor Deal – there are certain significant changes to our workers’ compensation system effective July 1, 2015 which include the following: 1) The maximum weekly benefit amounts have been increased. The maximum temporary total disability rate for injuries on or after July 1st, 2015 will be increased from $525.00 to […]
With some exceptions, employers with at least 3 employees are required to carry workers’ compensation insurance. The question arises – what do I do if my employer does not have workers’ compensation insurance? First, if the employer does not fall within the few exceptions, you can still file a claim under workers’ comp and that […]
In a recent article titled “How Much Is Your Arm Worth? Depends On Where You Work” published ProPublica studies showed that what state you work in can dramatically affect how much you are paid for the loss of use of an affected body part. See: http://www.propublica.org/article/how-much-is-your-arm-worth-depends-where-you-work The article by ProPubica focused on two states, Georgia and […]
The ARAWC (Association for Responsible Alternatives to Workers’ Compensation), a lobbying group financed by almost two dozen major corporations including Walmart, Lowes, Macys and Kohls are working to make it harder for injured workers to obtain lost wages and medical care. A recent article by Mother Jones found that the ARAWC has already helped write legislation in Tennessee […]
In a recent article published by the NPR News Investigations titled “Injured Workers Suffer As ‘Reforms’ Limit Workers’ Compensation Benefits” the NPR details changes to workers’ compensation benefits in many states and details the issues faced by some workers in North Dakota, Oklahoma and California. See: http://www.npr.org/2015/03/04/390441655/injured-workers-suffer-as-reforms-limit-workers-compensation-benefits In March 2015, ProPublica published an update to […]
Malingering, in the context of workers’ compensation, means someone who exaggerates or makes up symptoms of physical and/or mental disorders in order to avoid working, to obtain drugs/medications, continue receiving weekly benefits or increase the value of their claim for settlement purposes. In other words, someone who claims he/she is not able to return to work even […]
In a recent article published by the NPR News Investigations titled “Injured Workers Suffer As ‘Reforms’ Limit Workers’ Compensation Benefits” the NPR details changes to workers compensation benefits in many states and details the issues faced by some workers in North Dakota, Oklahoma and California. See: http://www.npr.org/2015/03/04/390441655/injured-workers-suffer-as-reforms-limit-workers-compensation-benefits Because workers’ compensation is not federally regulated, each state […]