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If I settle my Workers’ Compensation Claim, am I still entitled to my pension and retirement benefits?
When an employee settles his or her workers’ compensation claim, the Employer/Insurer usually requires the employee voluntarily resign. At the settlement, many employees become concerned about their pension and/or retirement benefits, such as flight privileges, monetary bonuses, health insurance coverage, disability insurance coverage and numerous other perks. Often times
Ramos Law Firm Members Help Make Wishes Come True
Ramos Law Firm participated in the 2009 Walk For Wishes for the Make-A-Wish Foundation on Saturday, April 25, 2009, at Atlantic Station. The Walk kicked-off with music, food, and stories from the children benefitting from the event. Other teams included participants from Concentra Medical Clinic, Kohl’s, GMAC, and Carter Properties. The Walk was approximately two…
Alumni Leaders Week at Johnson & Wales University
Most people probably have the notion that their attorney went to high school, undergrad, law school, and began practicing right away. That is not necessarily the case. After I received my undergraduate degree at Ohio Wesleyan University, I attended Johnson & Wales University, where I received a degree in culinary arts. In fact, I cooked…
Are grandchildren considered dependents and eligible to receive death benefits?
In society today, it is not unusual to see grandchildren living with their grandparents. Under the workers’ compensation laws are grandchildren considered dependents? Biological children of an employee that are under age 18 are considered dependents. Pursuant to O.C.G.A. § 34-9-13, a “child” also includes dependent stepchildren, legally adopted children, posthumous children, and acknowledged children…
Providing Information To Your Workers’ Compensation Attorney To Help Your Claim
In preparing to discuss a claim with a workers’ compensation attorney, it is important for the injured worker to gather up all the information about the injury he or she can to provide to the attorney. However, it does not stop there. In assessing a litigation strategy in a workers’ compensation claim, it is important…
Can an employee injured on his way home from working out of town get compensation?
Let’s assume the following facts: An employee works for a construction company based in Atlanta, Georgia; he is assigned to a construction project in Alabama; his employer is not reimbursing the employee for time and travel in the employee’s personal car to the remote location; on his way home to Atlanta on a Friday afternoon…
Now that I’m Enrolled in the Injured Workers’ Pharmacy, What Happens with My Prescriptions?
For Claimants who are enrolled in the Injured Workers Pharmacy program, there is not much for you to worry about when it comes to filling prescription medication. Many claimants often have questions
Lies about Past Injuries Can Harm a Claimant’s Workers’ Comp Case
Pursuant to the case law presented in Georgia Electric Company v. Rycroft, 259 Ga. 155, 378 S.E.2d 111 (1989), an employee’s claim for workers’ compensation benefits may be denied if the employer can prove that the employee lied about old injuries.
Injured during a break at work in Georgia
The Appellate Division recently examined two different scenarios in which a worker was injured while performing tasks that were not part of their job duties and came up with two different results. In the first case,
Changes to the workers’ compensation law – House Bill 330
On March 20, 2009, the Georgia Senate passed and adopted House Bill 330 without opposition. This appears to be the bill recommended by the SBWC Chairperson’s Advisory Committee. Notably among the proposed legislative changes, there is a significant modification with regard to the form medical releases (WC-207).
My workers’ comp stipulation was approved, when should I expect a check?
Once a stipulation agreement is approved by the State Board of Workers’ Compensation, the employer generally has 20 days to make the payment. The question arises, then – if a payment is mailed, when does it have to be mailed to be considered timely?
Death and Georgia’s Workers’ Compensation Claims
From time to time an injured worker will file a workers’ compensation claim and subsequently die before the resolution of the claim. This is always a sad situation and it can leave the surviving family members and the deceased’s former employer uncertain as to the proper way to handle the pending claim. Initially, one might…
Injury in Restroom Deemed Compensable
Pursuant to O.C.G.A. § 34-9-1(4), an employee’s injury may be compensable only if it is an injury “by accident arising out of and in the course of” the employee’s employment. However, even in a case in which an employee is injured during a non-scheduled break the employee’s claim still may be deemed compensable. A court…
When the Workers’ Comp Exclusive Remedy Provision does not Apply
In general, the Workers’ Compensation Act provides protection for the employers and insurers from tort actions. This protection is known as the “exclusive remedy provision.” The provision exists to protect the employers and insurers from additional exposure after being legally required to provide benefits without proof of any level of intent or negligence. This protection…
Employee Injured During Fight May Not Qualify for Benefits
Pursuant to State v. Purmont, 143 Ga. App. 269, 238 S.E.2d 268 (1977), if an employee is injured in an attack by another employee, the employee must not have been the aggressor in order to be eligible for workers’ compensation benefits. When asserting an aggressor defense under O.C.G.A. § 34-9-17(a), it is the employer that…
Consideration Before Settlement
As we have discussed on our blog site on numerous occasions, the Workers’ Compensation Act provides somewhat limited remedies for people who have been injured at work. The limited nature of the remedy leads to what are sometimes surprisingly low settlement offers. Based upon these low offers, the injured worker should probably take several things…
Is There a Timeframe for Reporting an On-The-Job Injury?
The Georgia Workers’ Compensation Act requires an injured employee report an on-the-job accident to a supervisor or employer agent shortly after the incident. Please see O.C.G.A. § 34-9-80. The employee is required to give the Employer or its agents notice of an on-the-job accident so that the Employer can investigate the incident, and most importantly,…
Hippotherapy Determined to be Compensable
At the request of an employee confined to a wheelchair, the Board was asked to determine whether payment for a horse barn where the employee kept his horse was compensable. The employee testified that he benefited both from riding and taking care of his horse. He not only increased his range of motion and strength,…
Exceptions to Coverage Under Georgia’s Workers’ Compensation Laws
The Georgia Court of Appeals recently handed down a decision in Clarke v. Country Home Bakers, 2008 WL 4603604 (2008), regarding whether a prisoner injured while working in a work release program was eligible for workers’ compensation benefits. The Court affirmed the decision of the lower courts in denying benefits. At issue was whether the…