See Articles Written by the Ramos Law Team About Injured On the Job in Georgia
Outside the field of workers’ compensation, people will loosely refer to an individual as an employee or independent contractor. However, in the field of workers’ compensation these titles are not interchangeable as the Georgia Workers’ Compensation Act distinguishes “employees” from “independent contractors.” An employee is
Essentially, subrogation is the assumption of legal rights of someone whose debts or expenses have been paid. The simplest example is when an employee is injured in a car accident with a third party. Assuming that the employee was not at fault and the accident arose out of and in the course of employment,
In order for an employer/insured to be eligible for reimbursement from the Subsequent Injury Trust Fund, the employee’s subsequent injury must be directly caused by the prior impairment. The employer must show that this prior impairment was permanent and likely to be a hindrance to employment. Any pre-existing, permanent condition qualifies. The condition may be…
Along with the shield against tort claims that arise out of and in the course of employment, Employers have the unique right of controlling who the injured Employee treats with after the accident. The Employer is required to post a list of physicians who the Employer has confidence will treat its Employee’s fairly. This list…
The law provides that an “injury by accident arising out of and in the course of employment” shall be considered a workers’ compensation injury. O.C.G.A. § 34-9-1(4). Hence, the Employee must show that she suffered an (i) injury by accident; that (ii) arose out of employment; AND was (iii) in the course of employment. To…
Employers are required to provide prompt medical and disability benefits to Employees for injuries sustained on the job, resulting in partial or total incapacity or death. Every employer, individual, firm, association, or corporation, regularly employing three (3) or more persons, part-time or full-time, shall provide workers’ compensation insurance coverage. Employers subject to the workers’ compensation…
The Workers’ Compensation Act provides that an employer must provide medical care to an injured worker which is likely to “effect a cure, give relief, or restore the employee to suitable employment.” O.C.G.A. 34-9-200(a). While providing medical benefits to the employee for a work-related injury, the employer may request examinations for the employee “at reasonable…
Many injured workers are concerned about how their attorney will get paid. In the field of workers’ compensation, claimant’s attorneys are generally paid on a contingency basis. The contingency fee structure ensures that injured workers, who do not have money to retain an attorney at the inception of a claim, are able to obtain legal…
A Panel of Physicians is the Employer/Insurer’s pre-approved list of doctors for workers’ compensation injuries. Georgia Law O.C.G.A. § 34-9-200 requires an employer to maintain a list, or panel, of six (6) different physicians, professional associations or corporations of physicians that an employee must select from to treat his on-the-job injury. At least one of…
What medical benefits must a company provide to be compliant with Georgia Workers’ Compensation Law?
Georgia law requires an employer to maintain a list or panel of six (6) different physicians, professional associations or corporations of physicians that an employee must select from to treat his on the job injury. Georgia law requires that one of the six physicians must be an orthopedic surgeon who specializes with hand and upper…