See Articles Written by the Ramos Law Team About Benefits
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…
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
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…
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…
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…
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…
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,…
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,…
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…
As of 07/01/07, the self-insured employers and the carriers in New York can no longer file claims for reimbursement with the Special Funds Conservation Committee under Section 15-8. In other words, for claims with dates of accident or dates of disablement of 07/01/07 or later,