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Q: If I am out of work for an injury that occurred in the State of Georgia, what percentage of my usual wages will I receive?

A: The workers’ compensation board starts with an Average Weekly Wage calculation in order to keep your payout as close to your regular wages as possible.  This figure is calculated from the wages that you received in the 13 weeks immediately preceding your injury.

Q:  What if I work for tips? 

A:  Tips—along with any extra allowances that you receive (travel per diem, etc.)—will be included in the Average Weekly Wage calculation so long as those earnings are reported to the IRS.

Q:  What if I just started working and don’t have a 13-week history with the company?

A:  If you are new to the company, your Average Weekly Wage calculation can be made based on the wages of employees with similar work responsibilities.

Q:  Will the company pay my medical bills?

A:  Workers’ compensation insurance should cover your medical treatment.

Q: What if my doctor says that I have to stay home from work until I heal?

A:  This condition is known as temporary total disability (TTD).  If this is your classification, you can expect to receive two-thirds of your Average Weekly Wage (not to exceed $575).  You can only receive TTD for a maximum of 400 weeks after the injury occurred unless your injury is considered catastrophic.

Q:  What if my doctor returns me to work in a different capacity?

A:  Your case may be classified as “temporary partial disability” (TPD) if you are impaired but not completely disabled and you are earning less than you were prior to your injury.

Q:  What if my employer does not pay me on time?

A:  Employers have been known to drag their feet when it comes to making payments.  If they are late under the guidelines set forth by the Board, they must pay a penalty of 15 percent of the owed amount.

If you have more questions than answers when it comes to your workers’ compensation case, contact Ramos Law Firm.  We have devoted our careers to helping clients navigate the workers’ compensation system and can help you get a maximum award to cover your lost wages and medical expenses.

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Once you have done your part, you will be waiting on the workers’ compensation process. This process can be lengthy and complicated, and, unfortunately, it doesn’t always produce satisfactory results.

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If you have complaints about the workers’ compensation system, you’re not alone.  Here are the aspects of the system that are most bothersome to employees across the country.

• Job termination. Occasionally, a doctor will clear an employee to return to work, but the employee may not feel up to the task.  For example, if they have injured their back but their job requires heavy lifting, they may not feel good about returning to the same duty that caused them so much misery in the first place.  If the doctor’s orders return you to work and you choose not to go, your employer may issue you a pink slip.
• Settlement values. People are often unhappy with the payment they receive.  They feel that they should be repaid for pain and suffering, but workers’ compensation does not cover this.
• Even worse than not receiving enough compensation is having your workers’ compensation claim denied altogether.  Insurance companies are very shrewd at looking for reasons to deny payment.  They may try to prove that your injury is not as bad as you claim or that it was not caused on the job.
• The wait. The litigation process can take a long time.  So, too, can the process of getting second opinions from physicians about your MMI (maximum medical improvement).  These delays can all add up, bogging down claims by up to 24 months.

If you are unhappy with the results of your claim, contact your workers’ compensation administrative board.  You should also enlist the help of an experienced workers’ compensation law firm, preferably from the beginning of your claim.  Ramos Law Firm can help you file your claim and get the help and benefits that you have been denied.

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Here are some of the challenges that an injured employee could run into (based on actual cases):

• Your employer may miscategorize you as an independent contractor to avoid paying your benefits.
• Your employer may attempt to fire you or give you a negative performance report that you do not deserve.
• Your employer’s insurance carrier may say that the injury is your own fault.
• Your employer’s insurance carrier may say that your injury took place somewhere else or may attempt to trivialize your injury-induced health issues.

While having an attorney by your side may not prevent these situations from occurring, a workers’ compensation attorney will be well-versed in battling them.  Workers’ compensation law is a tricky and ever-changing enterprise.  And while there are many different types of attorneys, workers’ compensation attorneys are wholly devoted to understanding state workers’ compensation regulations.  They are shrewd in detecting and responding to the sometimes underhanded tactics of big insurance companies and ensuring that you get the benefits that you deserve.

Under the Georgia Workers’ Compensation Act (GWCA), any entity that gives consistent employment to three or more people must provide workers’ compensation insurance—even if those workers are only part time.  If employees are injured on the job, they may be entitled to two-thirds of their normal pay for up to 400 weeks (or for the duration of their life in the case of “catastrophic” injuries).  Employers must also cover all medical costs associated with the workplace injury.

A Georgia workers’ compensation attorney can:

• Assist you in properly completing your WC-14 form. (Errors on the form can delay or throttle your claim.)
• Gather and present the appropriate evidence to strengthen your claim.
• Increase the chance that you will get the benefits that you are seeking.
• Help you fight a denial or “controvert” of your workers’ compensation claim.

Much is at stake when you file for workers’ compensation. In a perfect world, claims would be processed quickly and efficiently, and claimants would get the full benefits that they deserve.  Too often, though, people fall victim to deceitful tactics of employers or insurance carriers. Contact Ramos Law Firm for help getting the compensation that you deserve in the wake of your workers’ compensation injury.  Let the attorneys and staff at the Ramos Law Firm shoulder the stress so that you can concentrate on recovering from your injuries.

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The Win-Win of Workers’ Compensation 

In accepted cases, the employees benefit because workers’ compensation acts as a form of insurance, replacing your some of your wages in the event that you cannot work in the same capacity (either temporarily or long-term).  Injured employees are also eligible for immediate medical care at the expense of the Employer.  Employers benefit because workers’ compensation makes it so that people cannot sue their employer directly.  Otherwise, employees could sue for large sums of money that might put companies out of business.

Who Pays the Bills?

If an injured employee is receiving benefits but employers aren’t directly footing the bill, you may be wondering who pays for workers’ compensation?  The answer is that the insurance company is responsible for furnishing remedial medical care to the injured worker.

How Do You Apply for Workers’ Compensation?

If you are injured in your place of employment, report the injury to your employer immediately.  It’s a good idea to document the incident that precipitated your injury, describing the incident and ensuing damage thoroughly.  Additionally, we believe you should consult a lawyer about your options.  You never know what complications might arise in the future.  If need, the attorney can submit the proper form to the State Board of Workers’ Compensation, and make sure that your employer and their insurance carrier get a copy, too.

How Do You Get Medical Care?

You should not just go to just any doctor for treatment of your workplace injury.  Rather, your employer should provide you with a list of physicians who are qualified to assess and treat workers’ compensation injuries.   As your doctor will influence the course of your case, we recommend that you solicit the help of a seasoned workers’ compensation lawyer to assist you when making your selection.  If you do not use one of the doctors on the approved list, your medical care may not be covered by your health insurance.  If you are unhappy with the doctor that you choose, you can switch to another physician on the list

What if Your Claim is Rejected?

In a perfect world, your case will be approved for compensation, and move forward with healing and returning to work.  Workers’ compensation claims can be denied for a number of reasons, however.  Perhaps your paperwork is incomplete, or maybe the board does not believe that you have enough evidence to show that your injury is work-related.

Thankfully, you have recourse in these cases.  As a first step, you should contact a lawyer to help in advancing your claim, file the necessary documents, and assist you selecting your doctors.

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If you should decide to hire an attorney, it can be challenging to pick the best one.  You may encounter a veritable chorus of lawyers claiming to be able to help you with your case.  As you whittle down the prospects, here are a few tips for selecting the best attorney for your needs:

• Choose a dedicated workers’ compensation attorney. Just as the medical field has specialists, so too does the field of law.  Many attorneys may dabble in workers’ compensation, but you want an attorney who is educated on the latest workers’ compensation policies.  Hire an experienced workers’ compensation attorney who understands the tactics of big insurance companies that may try to cheat you out of your benefits. “Jack-of-all-trade” attorneys have their place, but workers’ compensation is a complicated area of law that requires a specialized attorney.
• Check ratings. Just as the medical field has services like Healthgrades to help you learn more about potential physicians and see how they rate with patients, the law field has similar offerings.  One of the best ways to vet potential attorneys is to see how they are rated through attorney search services such as Avvo, Martindale Hubbell, and com.  These two services can help you assess an attorney’s reputation and skill level.  You can see feedback from former clients and even from other attorneys.
• Ensure face time. When you go to a law firm, you may expect to meet with a paralegal or assistant for initial appointments.  But once those formalities are over, you should be allowed to meet with the attorney who will be representing you.  If you cannot get a face-to-face meeting with the attorney, you may want to look around for a different firm.

There’s a lot at stake when it comes to workers’ compensation, and the right attorney can help you get the benefits that you deserve.

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If you are receiving workers’ compensation benefits, you may wonder if they are taxable.  The answer is no.  Under section 104 of the IRS code, workers’ compensation payments are not taxable.

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If you are also receiving disability benefits through Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you may need to pay taxes.  In some cases, the Social Security Administration applies a workers’ compensation offset.  The offset is a lowering of your benefits so that your combined payment (of both Social Security and workers’ compensation) stays below a certain amount.  In this case, the amount that Social Security reduces your disability payments by will equal the taxable amount.

Example:  If SSA lowers your regular SSDI payment by $300 due to the workers’ compensation offset, then $300 of your workers’ compensation benefit is taxable.

In some cases, an adept workers’ compensation lawyer can structure your settlement to reduce your offset and taxable income.

Here are just a few tips for paying taxes this year:

1. Watch for tax forms. Your employers should be sending you a W-2 form (for taxable income) and/or a 1099-MISC (for contract work).  If your employer hasn’t sent the appropriate tax forms, contact them immediately.  Please note that you should not be receiving any tax forms reflecting workers’ compensation benefits you received.
2. Pay federal and state. Taxes to both sources are usually due on the same date.
3. Check for tax breaks. You may qualify for deductions based on student-loan interest, mortgage interest, education costs, charitable gifts, childcare, and more.
4. Start early. There may be a mistake on your tax forms or some other unforeseen glitch. Waiting until the last minute could turn little problems into big fiascos.

You should also note that if you are receiving workers’ compensation while continuing to work according to a doctor’s orders in a light work capacity, your wages will still be taxable.

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If you are hurt in the workplace, follow these steps to ensure optimal results.

Document your injury and present it to a supervisor as soon as possible—preferably right after you get hurt.  Don’t wait for a day or two to pass by to see how you are feeling.  Make sure that your documentation is thorough and includes a description of the full scope of your injuries.

Your company should have a list of physicians that you can see about your injury.  You should be able to choose which of these doctors to consult.  Your company cannot force you to visit one specific provider.

When you see your physician for the first time, bring a list of all of the symptoms that you have experienced as a result of your injury.  It is always wise to have particulars in writing, and a list will also make sure that you don’t forget to mention something important.

After your visit, if your physician restricts your activities, do not exceed those restrictions—even if you think you are capable of more. If your doctor says that you can’t work (either temporarily or long term), do not try to take on a second job to earn extra money.  This could jeopardize your benefits.

Don’t post the particulars of your workers’ compensation case on Facebook, Instagram, or any social media platform.  Making details public could come back to bite you later.

Enlist a workers’ compensation attorney to help you understand your rights, the value of your case, and settlement options.  Talk to a workers’ compensation attorney to learn which benefits you are eligible to receive.  This may include reimbursement for lost wages, travel to and from medical appointments, and prescription medications.

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