Mediation is an avenue to resolve disputes in workers’ compensation claims without the need for a hearing. This process provides the parties a way to resolve a dispute so that a resolution is reached between you and the insurance company with the help of a third party mediator. At mediation, each side will sit down […]
Yes. An estimated 5% of the workers in the United States are undocumented according to The Center for Immigration Studies with some industries having a higher percentage rating such as construction with approximately 18%. While Federal law forbids undocumented persons from entering or working in the US illegally and employers from hiring them, it does […]
If you are injured on the job, you should report your injury to your supervisor or management immediately and fill out a report. Although by law you have 30 days to report your injury to your Employer, it is best to report it as soon as possible. If your Employer does not complete a written […]
With the recent news that Senator Curt Thomas has filed legislation to legalize marijuana in Georgia, many people are asking what effect that will have on workers’ compensation claims? While Senator Thomas says the legalization will allow doctors to prescribe marijuana (up to 2 ounces) for specific “debilitating medical conditions” and that it would be […]
With all the news today surrounding the cases of healthcare workers contracting Ebola, you may wonder if you are eligible for workers’ compensation if you contract a disease as the result of your job. The answer is yes, this may be considered an “occupational” related disease. First, let’s define what an “occupational” disease means. An […]
NO! I am often meeting with clients who have already had a nurse case manager on their claims. Most often, the client seems to think the nurse is on his/her side and trying to help. This is not the case. The nurse works for the insurance company. The nurse is paid to reduce the costs […]
Do you have a worker’s compensation injury that resulted from or included a motor vehicle accident, medical malpractice, or faulty product/equipment? If so, you may ask if workers’ compensation is your only remedy to recover monies under the law. The answer is no. This is called a third party claim. That is, you can file […]
Under Georgia Workers’ Compensation Law, workers’ compensation benefits and settlements generally are not subject to the claims of creditors. Perhaps most important among the exceptions to this rule is child support. The Court of Appeals has held that an employee’s weekly compensation checks and settlement share are subject to garnishment for that employee’s child support […]
Under House Bill 154 signed into law by Governor Deal – there are certain significant changes to our workers’ compensation system for employees injured on or after July 1, 2013: 1) On a positive note, the maximum weekly benefit amounts have been increased. The maximum temporary total disability rate for injuries on or after July […]
Often, Employers/Insurers deny claims on the basis that the Employee had a preexisting injury and the current disability stems from the previous injury or condition. However, if the work injury aggravates a preexisting injury and the Employee still suffers from that aggravation, these claims should be pursued. This is based on what has commonly […]
Under Georgia law, when an Employer/Insurer initially accepts a claim and commences income benefits, it can still challenge or controvert the right to weekly benefits if the Employer/Insurer files a notice to controvert within 60 days of the due date for the first payment of benefits. It can not controvert after this 60 days unless […]
In Georgia, the following rules apply: If the injury occurred in Georgia, the hearing is held either : a) in the county where the injury occurred b) in any contiguous county; c) in any county within 50 miles of the county or injury; or d) in any county if the parties agree and the workers’ […]