The next consideration is how “bad” or how “severe” the injury is.  Herniated discs requiring surgery; amputation of limbs, nerve damage, or closed head injuries are obviously severe injuries.  However, carpal tunnel syndrome or repetitive injury claims can be just very debilitating and may cause the employee pain from working.  Additionally, the employee’s injury results in physical limitations or “light duty” work status where the Employer cannot accommodate the work restrictions, then the Employee may be entitled to income benefits.

Before discussing income benefits, it is important to note that the injured employee is entitled to medical benefits furnished by the Employer.  These medical benefits include x-rays, MRI’s, medical visits, specialized treatment, hospital visits, prescription medication, and mileage reimbursement.

With regard to income benefits, the injured worker may be entitled to 2/3 of his or her average weekly wage up to $500 per week.

In my experience, there is no “good” workers’ compensation case as no one desires to be injured.  However, if honest employees are injured on the job, they are entitled to immediate medical benefits and potentially income benefits.  It is generally accepted that the insurance companies will attempt to limit the workers’ treatment and prevent the payment of benefits.  These insurance companies have trained “adjusters” and lawyers on call to handle any claim.  To level the playing field, it is best to have an experienced advocate fighting for you.  If you have been injured on the job, please call the Ramos Law Firm for your free consultation.

These situations are not uncommon.  In many situations, the adrenaline (and sometimes the embarrassment) of the fall will mask the pain for a few hours.  However, I advised that the injured employee should immediately report the accident and injury to her immediate supervisor.  Many times, the supervisor will make an “incident report” documenting the accident.  It is important to tell the supervisor the details of the injury.   Also, I recommend that the injured Ryla / Alorica employee receive a copy of the report.

If the injured employee needs medical care, she should ask the supervisor to send her to the doctors’ office.  Generally, the supervisor will have a pre-approved list of physicians or clinics for the Ryla / Alorica employee.  Delaying treatment may delay recovery time; therefore, it is important that the injured worker obtain adequate medical treatment as soon possible.  If there is no list of physicians, the injured worker should still seek medical treatment.

If the Ryla / Alorica employee is missing time from work because of the fall in Kennessaw, then Ryla / Alorica may be responsible for paying the injured employee weekly income benefits equal to 2/3 of her average weekly wage  (up to $500 per week).

If you have been injured at Ryla or Alorica or at any other employer and you want to a free consultation regarding your workers’ compensation rights, please contact the Ramos Law Firm.

In Georgia, a catastrophic injury often defined as (1) a severe spinal cord injury involving paralysis of an arm, leg, or trunk; (2) an amputation of an arm, hand, foot, or leg involving the effective loss of use of the appendage; (3) a severe brain or closed head injury where there is severe sensory or motor disturbances, as well as disturbances in communication, cerebral functioning or consciousness, or neurological disorders; (4) second or third degree burns over 25% of the employee’s body or third degree burns to 5 percent or more to the face or hands; (5) total or industrial blindness; or (6) any other injury of a nature and severity that prevents the injured worker from being able to perform his or her prior work and any work available in substantial numbers within the national economy for which the employee is otherwise qualified.

If the injury has not been designated as “catastrophic” and the authorized treating physician has released the employee to return to work with restrictions, there is a rebuttable presumption during a period not to exceed 130 weeks from the date of injury, that the injury is not catastrophic.  When an employee suffers an injury that qualifies under the first five categories (appendage amputations, significant burns, severe brain trauma), the catastrophic designation is automatic.  The employer and the insurance company will generally agree with the employee and rehabilitation services, medical treatment, and income benefits will be started.

Most of the litigation and issues stem from the last category where the injury is of a “nature and severity” that prevents the employee from effectively working in any capacity.  The burden of proof will be on the injured worker and his or her attorney to demonstrate that the injury qualifies for this designation.  This burden will likely involve extensive medical opinions and vocational testimony as to the employability of the injured worker.  Predictably, the insurance companies, employers, and self-insurers will contest this designation as much as possible.

Additionally, Social Security disability benefits will play a part in this analysis.  In Georgia, the State Board of Workers’ Compensation may consider the Social Security award as evidence as to whether the work injury may be designated as “catastrophic”.

If you believe your work injury qualifies, please contact the Ramos Law Firm for your free consultation.

Initially, the legislature has specifically exempted “individuals who are parties to a franchise agreement as set out by the Federal Trade Commission franchise disclosure rule 16” from  workers’ compensation.  See, OCGA §34-9-1(2); HB 548.

HB 971 modified OCGA §34-9-15 by allowing the parties to require settlement language which prorates the lump sum settlement over the life expectancy of the injured worker.  The legislature also modified the requirements for occupational “loss of hearing” injuries.  See, OCGA §34-9-264; HB 637 and 971.

The text of HB 971 can be found here.  Two proposed changes that did not make the final cut in HB 971 are as follows:

A modification to OCGA §34-9-136 by mandating the insurance company to provide the employer or its agent statistical data for determining the employer’s experience modification factor within 30 days.

The most discussed modification was found in OCGA §34-9-207. This change seemed to be a reaction to the McRae v. Arby’s Restaurant Group case. In that case, the court contemplated the dynamics between the attorney and doctor interaction in workers’ compensation cases. The proposed additional language was to read:

“[n]othing contained in this Code section shall preclude an employer, its insurer, or a third party administrator, from communicating orally, in writing, or electronically, directly with an employee’s medical provider without affirmative consent of the employee where the purpose is to assess, plan, implement, coordinate, monitor, or evaluate options and healthcare services reasonably related to the condition for which such employee claims compensation.”

This change appeared to give the Employer and the Insurance companies the power to discuss an injured workers’ treatment plan without any input or consent from the patient.

Furthermore, the legislature modified OCGA §34-9-221. In the past, this provision provided for a 20 percent “strict liability” penalty for employers and insurers when they fail to pay the settlement within 20 days after being approved by the State Board. Under the new OCGA §34-9-221(f), the legislature inserted the possibility of allowing the employers and insurers off the hook if they can show that nonpayment was “due to conditions beyond the control of the employer”.

This year’s legislature also clarified OCGA §34-9-226 with regards to guardian, conservatorship, and incompetent settlements.

For more information, please contact the Ramos Law Firm.

It has been accepted by the State Board that an employee does not need be in “perfect health” but rather the employer “takes the employee as it finds him or her.”  Therefore, an aggravation of a pre-existing condition is compensable under the Georgia Workers’ Compensation Law.  It does not matter if the pre-existing condition was congenital, degenerative, or from another job.  If the “reinjury” arose out of and in the course of employment, then the injured worker would be entitled to medical care and potential income benefits as a result of the injury. 

Also, if the injured worker’s employment aggravates or accelerates the employee’s pre-existing injury the employee is entitled to benefits under the Workers’ Compensation Act.  Or when the new work-related injury combined with the pre-existing disease or injury produce a greater disability, then the employee is entitled to benefits under the Workers’ Compensation Act.

In our case, we were able to show the administrative law judge that the injured employee was able to work his regular duty job despite having his pre-existing condition.  It was only  after his fall at work, that he begin to have problems that limited his work duties and eventually led to his termination.

If you’ve been injured on the job in Georgia, please contact us today to have your case evaluated.

In this particular case, the widow of the deceased worker was not an employee of the Employer where her husband passed away.  The widow was already the beneficiary of the workers’ compensation dependency benefits.  However, she was seeking additional damages outside the workers’ compensation system.

Unfortunately for the widow, the Georgia Courts have barred these actions for “loss of consortium” as they are derivative of the exclusiveness of the remedy under the Georgia Workers’ Compensation law.  For more information, please refer to the case of Stevenson v. Ray, 282 Ga. App. 652 (2006).

If you are suffering from a work injury which occurred in the state of Georgia, please call us today at 404-355-3431 for a free evaluation of your claim.

Who is a Dependent?

Generally, the deceased employee’s spouse and his or her child are presumed to be “dependents” in Georgia.  However, any other person can potentially be classified as a “dependent” provided that he or she was financially supported by the deceased employee. A claimant, who is not presumed to be dependent, must prove total or partial dependency in fact.  O.C.G.A. §34-9-13 (d).  The actual dependency must be shown on the date of the accident AND have existed three (3) months or more prior to the accident.  Dependency must not come from a meretricious relationship (living as a married couple but not legally married).

What benefits are provided?

Alleged dependents may receive an amount in proportion to the amount contributed by the employee from his average weekly wage.  However you must consider the following:

• Amounts of payment and to whom (did the decedent pay the mortgage company or did he pay you);
• Frequency of payments and to whom (were payments made every week, once a month, once every other month, or on a less regular basis); and
• Continuity of actual contribution by the employee (were these payments made consistently, every pay check or every month or were there large gaps in between).

Cash or supplies or even sporadic payments in irregular amounts may qualify.  However, no allowance shall be made for any payment made in lieu of board and lodging or services.

Essentially, the ultimate question will be whether the alleged dependent relied upon the deceased employee’s contribution to enjoy an “ordinary and reasonable” standard of living suitable to the dependent’s position in life.

How long will I get benefits?

For presumed dependents, partial dependency terminates at age 65 or after payment of 400 weeks, whichever is greater.  The Court of Appeals has not addressed duration of “dependents in fact”.  But see, United States Fidelity & Guarantee Co. v. Dumbar, 112 Ga. App. 102 (1965).

Like most cases, a “paper trail” or accounting of finances will be the key in proving an entitlement to benefits. For example, the judge will ask for bank statements, tax filings, cancelled checks, letters from decedent, and wire transfers.

If you’re attempting to recover benefits due to the loss of a loved one while they were on the job, please contact us today to learn more about the specifics involved in your case.

Surroundings:

A deposition will not be in “public”. You will not be on stage. However, you will in a room with no less than 3 other people (you, the court reporter, your attorney and the other side’s attorney). You will be placed close to the court reporter if you are being deposed. The rationale behind this is that the court reporter will be recording what you say. This recording will eventually be transcribed into a booklet that will be a part of the trial record. Also, the court reporter will administer the oath to you. This is typically known as “swearing you in.”

Being prepared:

There are a few things you can do to be better prepared for your deposition and to help calm your nerves. Think of the deposition like a formal interview. The attorney taking the deposition will ask you a bunch of questions and it is your job to answer them. In a workers’ compensation setting, you will be asked a lot of questions about your personal life, career history, medical background, and the on-the-job accident. We recommend that our clients write down dates ahead of time and take basic notes to the deposition to refresh their memories. Just know that whatever you bring in may be copied by the other attorney. Also, if you truly don’t know the answer, don’t be afraid to say “I don’t know”, “I’m not sure” or “It was around the early part of [year, month, etc.]”. It is very common. We recommend to our clients not to guess or speculate.

A lot of the same questions you answered during the discovery process will likely be asked again. So you may benefit from reviewing those questions and your responses. For instance, if the other attorney asks you to state the medical providers where you have treated for the past 10 years, you may refer to your prior written answers to refresh your memory. This also works for your job history.

If they ask you to go back 10 – 15 years as to your career history, you may refer to your prior responses and use them to “jog your memory”.

If you have been terminated, they will likely ask you about your search for suitable employment and you may want to have a list to refer back to. They will likely want to know where you applied, what the job description was, and what you were told about the job. They may also ask about any injuries that have occurred since the date of the subject incident. That could be any re-injury of the effected body part or it may be a car accident which caused no harm or harm to a different body part, etc.

Again, a lot of these questions were asked in the discovery phase so reviewing those questions will give you a good idea of what you need to be prepared to answer.

If you’ve suffered an on-the-job injury and need the assistance of an attorney, please contact us today.

Generally, the only chance an injured worker will see a judge is if there is a specific issue or conflict that requires a judge’s ruling since the parties could not reach an agreement. For example, these issues may include the commencement of weekly benefits, a change of physician, or the compensability of the injury all together. The attorneys will try to resolve these issues before appearing before the Judge. However, the law does not give the judge the power to “order a settlement”. It only gives him or her the power to start weekly income benefits, designate a doctor, or determine if the accident should be accepted under the Workers’ Compensation Act.

When it comes time to discuss settlement, that will be a negotiation between your attorney and the Employer/Insurer’s attorney. Your attorney should talk to you ahead of time and provide an evaluation of your case. This evaluation should outline the strengths and weaknesses of your case. Moreover, it should give you an estimate or recommendation as to the “value” of the case. Subsequently, you should have enough facts to grant your attorney “settlement authority”, or a monetary figure that you would take in exchange for closing or settling your case.

Keep in mind that this process occurs away from the courtroom. Often times, the attorneys’ negotiations are conducted by phone or through written correspondence. Generally, an administrative law judge will not be involved in these negotiations, and you will not “present your case” to him. However, if you are attending a settlement mediation conference at the State Board of Workers’ Compensation, another judge (serving exclusively as a mediator) may help facilitate the settlement process. It should be kept in mind that this mediator, who happens to be a judge, will not be the judge in your in the event the settlement negotiations fall through.

When, and if, the parties have reached an agreement on the settlement terms, a document is written up memorializing the settlement “stipulations” and that document will be filed with the State Board for approval. It’s at that time that the State Board will “sign off” on the agreement. Within 20 days of the State Board’s approval, the claimant should have received the settlement proceeds.