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If I had a beer shortly before my work injury, am I barred from receiving workers’ compensation benefits?
Generally, no compensation is allowed for an injury or death due to an employee’s “willful misconduct.” O.C.G.A. §34-9-17. Moreover, if the injury or death of the employee is due to
Does an injured worker have the right to a second opinion or independent medical evaluation?
Generally, an employee has the right to one independent medical examination with a physician of the injured worker’s choosing. The doctor must be in Georgia or within 50 miles of the injured worker’s residence. This second opinion or independent medical evaluation will be
Messing up my workers’ compensation case
Recently, I had a Piedmont Hospital employee ask me how most clients “mess up” their workers’ compensation case. After some thought, I advised her that the most common issue clients have is not
Cagle’s to Close Pine Mountain Facility
Poultry workers employed at Cagle’s may be faced with added problems as Cagle’s will eliminate 300 positions at its Pine Mountain Valley, Georgia facility. It is uncertain if these
What is a “workers’ compensation mediation?”
Generally, a mediation is a form of alternative dispute resolution. The idea centers around the parties’ interest in finding a solution to the issue before the court, tribunal, or worker’s compensation board. This process
Bryan Ramos named one of the 25 Most Influential Asian Americans in Georgia
Georgia Asian Times has released its 6th edition of the 25 Most Influential Asian Americans in Georgia. Among the names is our founder and managing partner, Bryan Ramos. You can read the article and bio(s) here. There will be a dinner to honor all recipients on July 14 at Nam Phuong. Congratulations to Bryan!
Hearing loss due to job duties
In situations where an employee becomes deaf or suffers an occupational hearing loss, recovery under the workers’ compensation act can be tough. The statute governing such claims are very technical. For example, an employee
Delta Employee Injured on Job
In the past, our firm has represented employees who worked for Delta Airlines who injured themselves on the job. Some employees injured themselves lifting luggage or baggage, while another
Is the employer required to provide medical treatment because of a workers’ compensation injury?
Yes, the Workers’ Compensation Act provides that “Employer/Insurer shall furnish the employee entitled to benefits under this chapter such medical, surgical, and hospital care and other treatment, items and services which are prescribed by a licensed physician . . . reasonably required and appear likely to effectuate a cure, give relief, or restore the employee…
Back injury cases
An injury to an employee’s back or neck can happen suddenly, or over time. For example, many back injuries suddenly occur such as lifting heavy boxes of paper, beverages, or construction material. This immediate pain is also accompanied by a limited range of motion and missed time from work. In these situations, the injured employee…
As an injured worker what kind of medical treatment am I entitled to?
Employers are required to furnish treatment for employees who have been injured on the job. This would include “medical, surgical, and hospital care and other treatment, items, and services which are prescribed by a licensed physician.” This also includes prescription drug medication. In addition, medical benefits may include counseling, or may include home attendant care,…
Settling my workers’ compensation case
If you have been injured on the job and you are considering settling your claim, please note that the insurance company does not have your best interest at heart. In fact, they have a vested interested in minimizing your settlement as much as possible. With that being said, an injured employee and the Employer/Insurer may…
The business of work injuries
On the job injuries are becoming more common as injuries include claims for carpal tunnel syndrome, epicondylitis, shoulder rotator cuff tears, knee injuries, and herniated or ruptured spinal discs. If one of these injuries happened during the scope and course of your job, then workers’ compensation benefits may be given. These benefits include income benefits…
Aggravation of knee problems and workers comp benefits
Suppose a worker has prior knee problems but then re-injures or aggravates the knee while on the job. Would this injury be accepted under workers’ compensation? Yes, provided that the aggravation or reinjury was the result of the employee’s work duties or responsibilities. While the Employer/Insurer may have a few legal defenses against this claim…
Our Office Has Moved!
We’re happy to announce that we have moved…but not far. We are now located at 4 Lenox Pointe, Atlanta, Georgia. All phone numbers and email addresses remain the same.
Truck Driver Injured While Driving
Employees of trucking companies generally enjoy the same rights as other employees when it comes to workers’ compensation. The exception is the “owner-operator”. These owner-operators are specifically excluded from the Workers’ Compensation Act. The statute provides
What does “full duty” or “normal duty” mean?
This is a magical term of art, science, and law. In the Georgia workers’ compensation realm, this medical certification functionally translates to the injured worker having no physical limitations related to any work injury. Generally taken, your Employer will assert that you are able to work with your normal job as if
Bryan C. Ramos, 2011 Super Lawyers Rising Star, Georgia
Congratulations to Bryan Ramos who has been named as a Super Lawyers® 2011 Georgia Rising Star.
Attacked by a customer, client or patient
Workplace violence appears to be occurring more and more each day. According to OSHA, workplace homicides are the fourth-leading cause of fatal occupational injury in the United States. The Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI) determined that there were 521 workplace homicides in the preliminary count of 2009 in the United…