Augusta GA Workers Compensation Attorneys | Injured Workers Lawyers

Work Injury Lawyers Augusta GA – Pain Pumps

2009-10-31T10:05:00.001-04:00

Work Injury Lawyers Augusta GA – Pain Pumps

A pain pump is a small, portable medical device used to inject continuous dosages of pain relief medication via a catheter to an area where surgery was performed for up to 3 days after surgical procedures. Pain pumps are used for better surgical pain relief, elimination or reduction of narcotics, and reduced hospital stay. The pain pump is designed to deliver medication directly to the surgical wound site or in close proximity to the nerves associated with the surgical area for post-operative pain management. The pain pump infuses the medication at an hourly flow rate or combination of an hourly flow rate and controlled bolus doses.

Pain pumps can cause Postarthroscopic Glenohumeral Chondrolysis an irreversible, permanent, degenerative, disabling and extremely painful condition causing the complete or nearly complete loss of cartilage in the shoulder joint. It is a debilitating and life altering shoulder injury resulting in acute pain and requiring daily medication and follow-up surgery. Symptoms include shoulder pain, stiffness, popping or grinding when the shoulder is in motion; decrease in range of motion; and a loss of strength in the joint. If you are or one of your loved ones is suffering from the negative side effects of pain pumps, you may be entitled to compensation for:
• Pain, suffering, and emotional distress
• Loss of wages and future loss of earning capacity
• Permanent disability
• Medical bills

Our wrongful death and personal attorneys are based in Augusta, GA (Georgia). If someone you know has suffered a wrongful death, contact us. You may be eligible for compensation from different sources. We help injury victims in Augusta, GA (Georgia) and throughout the CSRA, including Columbia County, Richmond County, Lincoln County, McDuffie, Jefferson and Burke Counties, Evans, Appling, Waynesboro, Louisville, Thomson, Lincolnton, Girard Georgia & Aiken, South Carolina & North Augusta SC get the compensation they deserve.
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Augusta GA Workers Compensation Lawyer - Evans Georgia Work Comp Injury Attorney

Burnside Wall Attorneys at Law - 1-800-569-1937

Workers Comp Lawyers in Georgia

2009-10-31T10:00:00.002-04:00

Workers Comp Lawyers in Georgia

You must prove the following in a personal injury claim:

(1) that the other person or business had a duty to act in a reasonable manner considering the circumstances,

(2) that the other person or business did not act reasonable,

(3) that because the other person or business did not act reasonably, you were injured, and

(4) that, in fact, you were injured.

You must also prove that you were injured. You will not have a personal injury claim based on the fact that you could have been injured by the other person's actions. "Could have been" does not count. For you to have a personal injury claim case, you must be injured. The person who injured you had a duty to act in a certain way so as to not hurt you or another person. You must prove that the person who injured you breached or broke his/her/its duty and that the breach or breaking of the duty is what caused you to be injured. There has to be a causal relationship between the breach of a duty and your being injured.

Our workers compensation, wrongful death and personal attorneys are based in Augusta, GA (Georgia). If someone you know has suffered a wrongful death, contact us. You may be eligible for compensation from different sources. We help injury victims in Augusta, GA (Georgia) and throughout the CSRA, including Columbia County, Richmond County, Lincoln County, McDuffie, Jefferson and Burke Counties, Evans, Appling, Waynesboro, Louisville, Thomson, Lincolnton, Girard Georgia & Aiken, South Carolina & North Augusta SC get the compensation they deserve.
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Augusta GA Workers Compensation Lawyer - Evans Georgia Work Comp Injury Attorney

Burnside Wall Attorneys at Law - 1-800-569-1937

Workers compensation - Augusta Georgia Lawyer

2009-10-22T23:13:00.002-04:00

Nassau County charges workers with stealing benefits
October 22, 2009 By CARL MACGOWAN carl.macgowan@newsday.com

Nassau County charges workers with stealing benefits
Two Nassau County employees lied about their injuries to draw thousands of dollars in fraudulent workers' compensation benefits, Nassau District Attorney Kathleen Rice said Thursday.

One employee, who left work because of a head injury, was seen jogging more than two miles to work out at a gym, and the other worker was caught lifting heavy dental chairs despite a back injury he got at his county job, Rice said at a news conference in Mineola.

Sean Tolliver, 50, of West Hempstead, a social worker at the Nassau juvenile detention center, and John Buonagura, 46, of Floral Park, a county bridge operator, were each charged with third-degree grand larceny among other charges.

Tolliver was fired by the county in May and Buonagura was fired in 1991, a county spokeswoman said.

Buonagura, who suffered the back injury, had a private sector job repairing and installing dental office equipment while receiving workers' comp benefits, Rice said.

Buonagura's attorney, Ira Raab of West Palm Beach, Fla., said Buonagura received permission from workers' compensation board doctors in 1995 to work in exchange for having his benefits reduced to $175 a week from $450 a week.

"They said he was allowed to work," Raab said. "I have it in my hands, a document signed by the workers' compensation doctor."

A surveillance video played at Rice's news conference showed a man officials identified as Buonagura lifting a dental chair into a van with the help of another man in 2007.

Another video showed a man authorities said was Tolliver washing his car, jogging 2.6 miles to a gym and lifting weights for an hour before running home.

Tolliver suffered his head injury in September 2008, but did not return to work after being cleared by a doctor, Rice said.

Tolliver received more than $17,000 in benefits, and Buonagura collected more than $14,000, Rice said.

Tolliver could not be reached for comment Thursday, and his attorney did not immediately return a phone call.

Tolliver and Buonagura are among seven people charged with insurance fraud by Nassau and state authorities.

The seven suspects, who combined allegedly took more than $50,000 in insurance and workers' compensation benefits, "thought nothing of stealing money from the pockets of honest taxpayers," Rice said.

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Augusta GA Workers Compensation Lawyer - Evans Georgia Injury Attorney

Georgia Accident: 3 Southern Co. workers killed in crash

2009-10-14T15:33:00.001-04:00

3 Southern Co. workers killed in crash

By Kristi E. Swartz and Marcus K. Garner
The Atlanta Journal-Constitution

Originally posted at http://www.ajc.com/news/dekalb/3-southern-co-workers-162486.html?cxtype=rss_news_128746

The three people killed in a rush-hour wreck on Stone Mountain Freeway on Tuesday worked for Southern Co., company officials confirmed Wednesday morning.

More DeKalb County news »

3 Southern Co. workers killed in crash

The six others that were critically injured also worked for Southern Co. or Georgia Power, one of its utility units. One has been released from the hospital. DeKalb County Police did not have the names of the passengers who were injured.

"This is a terrible tragedy for the Southern Company and Georgia Power families," said David Ratcliffe, chairman, president and CEO of Atlanta-based Southern Co. "Our thoughts, prayers, go out to the families, friends and co-workers of these employees."

The crash killed the driver and two passengers, DeKalb County Police said.

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Augusta GA Workers Compensation Lawyer - Evans Georgia Injury Attorney

Accident Lawyer: Travis Barker Visits Burn Center That Treated Him After Plane Crash

2009-10-10T19:13:00.001-04:00

Travis Barker Visits Burn Center That Treated Him After Plane Crash

Drummer stops by Georgia hospital to say 'thank you' to the people who treated him last year.
By Jocelyn Vena
Oct 8 2009

On Wednesday, during a tour stop in Atlanta with blink-182, Travis Barker stopped by the Joseph M. Still Burn Center, which treated him last September after he survived a plane crash with his friend DJ AM, who passed away in August. The drummer wanted to thank the doctors who helped save his life.

"I'm here to say 'thank you' to everyone who took care of me after the accident," he said in a statement to "Extra." "I was sort of unconscious the last time I was here, and I felt like I owed them a big 'thank you.' "

Barker also met with patients who are currently being treated at the center and signed autographs for them. In photos from his visit, Barker is seen showing a doctor the arm that was burned and chatting with a patient.

"This was a great opportunity for our staff and our patients to see someone who is truly a success story," Dr. R. Fred Mullins, who helped treat Barker's wounds, said in a statement. "Travis was gracious with his time today, and his presence was a nice surprise and boost for everyone here.

After the visit, Barker later tweeted how great he felt visiting the burn treatment center. "Just leaving the JMS burn center here in GA. Amazing talented people over there, angels is what I like to call them," he wrote. "Wouldn't be here today if it wasn't for them. Glad I was able to go by and say thank u. I'll never forget them or what they did for me."

When he wrapped up the band's show that night at the Atlanta Lakewood Amphitheater, he tweeted, "ATL went off, f---ing amazing tour, amazing crew & the most amazing crowds. Thank you guys. Driving back to LA. In 37 hrs I will be reunited with my humans and my son will be 6 years old. I'm the happiest dad in the world right now."

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Augusta GA Workers Compensation Lawyer - Evans Georgia Injury Attorney

Sears settles workers comp lawsuit with disabled former worker

2009-10-05T09:44:00.001-04:00

Sears settles workers comp lawsuit with disabled former worker for $6.2M

September 29, 2009

BY FRANCINE KNOWLES

Sears Holdings Corp. has agreed to pay a record $6.2 million to settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission that accused the retailer of illegally firing a disabled worker.

The consent decree, approved today, represents the largest settlement ever for the agency in a single lawsuit alleging violation of the Americans With Disabilities Act, the EEOC said.

The lawsuit, filed in 2004, arose from a charge of discrimination filed with the EEOC by former Sears service technician John Bava, who repaired appliances. Bava was injured on the job at the former Sears, Roebuck and Co. and took workers compensation leave, the agency said. He remained disabled due to the injuries, but repeatedly attempted to return to work. But Sears “could never see its way clear to provide Bava with a reasonable accommodation which would have put him back to work and, instead, fired him when his leave expired,” said EEOC Chicago District Director John Rowe in a released statement.

According to the agency, documents released as a part of pre-trial discovery revealed that hundreds of other employees who had taken workers’ compensation leave were also terminated by Sears without the company seriously considering reasonable accommodations to return them to work while they were on leave or seriously considering whether a brief extension of their leave would make their return possible.

“Inflexible leave policies which ignore reasonable accommodations making it possible to get employees back on the job cannot survive under federal law,” John Hendrickson, regional attorney of the EEOC Chicago District Office, said in a statement. “Today’s consent decree is a bright line marker of that reality.”
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Augusta GA Workers Compensation Lawyer - Evans Georgia Injury Attorney

About us

2008-11-03T07:40:00.001-05:00

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Augusta GA Workers Compensation Lawyer - Evans Georgia Work Comp Injury Attorney

Burnside Wall Attorneys at Law - 1-800-569-1937

Georgia Workers Compensations Summary of Rules

2008-01-29T09:34:00.000-05:00

Georgia Workers Compensations Summary of Rules

Rule 2. Procedure to Elect Coverage, Reject Coverage or Revoke Exemption.
(a) Corporate officers and limited liability company members electing to be exempt from coverage or electing to revoke exemption and reinstate coverage shall file Form WC-10 with the insurer, if there is an insurer, and, if none, then with the Board.
(b) Farm labor employers electing coverage or electing to revoke previously elected coverage shall file Form WC-10 with the insurer, if there is an insurer, and, if none, then with the Board. If an employer elects to revoke previously elected coverage, the employer must give written notice to each affected employee and must maintain adequate documentation of such notice.
(c) A partner or sole proprietor electing coverage or electing to revoke previously elected coverage shall file Form WC-10 with the insurer, if there is an insurer, and, if none, then with the Board.
Rule 13. Termination of Dependency.
(a) The employer/insurer may terminate dependency benefits on the basis of a meretricious relationship only by order of the Board.
(b) In all other cases of termination of dependency, Rule 61(b)(3) shall apply.
Rule 15. Stipulated Settlements.
(a) The party submitting the stipulation shall:
(1) file the original with a copy for each party to the agreement; if filing electronically, file one original and no copies.
(2) at the top page of each stipulation list the names, addresses, and telephone numbers of all parties to the agreement, the ICMS Board claim number(s) of the employee, the dates of accident covered by the agreement where a Board file has been created by a Form WC-1 or Form WC-14, the names and addresses of all attorneys with a designation of which parties they represent, and the Federal tax identification number of the employee's attorney. For dates of accident where a Board file has not been created but covered by the stipulation, such dates of accident shall only be listed in the body of the agreement;
(3) submit 9 1/2 x 12 ½ envelopes addressed to each party to the agreement; if filing electronically, do not submit envelopes.
(4) attach a copy of the Form WC-1 for each date of accident covered by the settlement;
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(5) attach a copy of the fee contract of counsel for the employee/claimant; and,
(6) attach the most recent medical report or summary which describes the medical condition of the employee, including a very brief statement of the surgical history, if any, if that history is not already specified within the stipulation. The entire medical record should NOT be attached.
(7) when submitting a stipulation for approval by electronic mail, the stipulation must be submitted separately from supporting documentation.
(8) approval of a stipulation may be sent by electronic mail to the parties and attorneys of record. Whenever electronic transmission is not available, approval will be sent by mail.
(b) A stipulation which provides for liability of the employer or insurer shall:
(1) state the legal and/or factual matters about which the parties disagree; and,
(2) state that all incurred medical expenses which were reasonable and necessary have been or will be paid by the employer/insurer. If the parties have agreed for medical treatment to be provided for a specific period in the future, then the stipulation must so state, and must further specify whether the agreement is limited to certain specific providers, and whether those providers may refer to others if needed. Furthermore, the stipulation shall provide that the parties will petition the Board for a change of physician in the event that a specifically named physician is unable to render services, and the parties cannot agree. If the stipulation does not contain a provision that medical expenses may be incurred for a specific period in the future after the approval of the stipulation, then the stipulation must contain a statement which explains why that provision is not necessary.
(c) The insurer shall certify that it has complied with O.C.G.A. § 34-9-15 by having sent a copy of the proposed settlement to the employer prior to any party having signed it.
(d) If the agreement provides for a structured settlement to be paid by a party other than the employer or the insurer, then the stipulation must contain a provision that the employer and insurer will be liable for the agreement in the event of the default or failure of that third party to pay. In addition, if the stipulated settlement agreement provides for a Medicare Set-Aside (MSA), the stipulated settlement agreement shall contain a provision as to the actual cost of the MSA.
(e) Unless otherwise specified in the attorney fee contract filed with the Board and in the terms of the stipulation, the proceeds of the approved stipulated settlement agreement shall be sent directly to the employee or claimant. If an attorney is to be paid, the stipulation must state the amount of the fee, and itemize all expenses which should be reimbursed. Further, an attorney shall not receive an attorney’s fee as a portion or percentage of any medical treatment or expenses, or any money designated for medical treatment or expenses. Expenses and attorney fees shall be paid in a check payable to the attorney only, and proceeds due to the employee shall be paid in a check payable to the employee only and the attorney shall certify that the expenses comply with Rule 1.8(e) of the Georgia Rules of Professional Responsibility and Board Rule 108.
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History of OWCP - Consult an Augusta Georgia Workers Comp Lawyer

2008-01-02T23:41:00.000-05:00

OWCP: History of OWCP - Consult an Augusta Georgia Workers Comp Lawyer if you have any questions

The Office of Workers’ Compensation Programs (OWCP) had its origins in an organization established in 1916 to administer claims under the Federal Employees’ Compensation Act. Benefits are available under this Act to more than three million federal employees, members and the Peace Corp and Americorps * Vista volunteers.
OWCP also administers the Longshore and Harbor Workers’ Compensation Act of 1927. This Act covers all maritime workers injured or killed upon the navigable waters of the U.S., as well as employees working on adjoining piers, docks and terminals, plus a number of other groups. Compensation under this Act is paid by employers who are self-insured, or through insurance policies provided by private insurers to employers.
The Black Lung Benefits Reform Act of 1977 provides monthly payments and medical treatment to coal miners totally disabled from pneumoconiosis (black lung) arising from their employment in the nation’s coal mines, and monthly payments to their surviving dependents.
The fourth and newest program under OWCP is the Division of Energy Employees Occupational Illness Compensation which delivers benefits to eligible employees and former employees of the Department of Energy, its contractors and subcontractors or to certain survivors of such individuals, as provided in the Energy Employees Occupational Illness Compensation Program Act. The Division also delivers benefits to certain beneficiaries of Section five of the Radiation Exposure Compensation Act.

What is Workers' Compensation in Georgia/GA

2007-12-21T11:36:00.000-05:00

What is Workers' Compensation in Georgia/GA - Augusta GA Evans Georgia Workers Comp Lawyer/Attorney

Workers' compensation laws provide money and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease on-the-job. Workers' compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. It is intended to benefit the employee and employer alike. The employee receives money (usually on a weekly or biweekly basis) and medical benefits in exchange for forfeiting the common law right to sue the employer. The employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined. The question of negligence or fault is usually not at issue.

Augusta Georgia Evans GA & Aiken SC Workers Comp Disability Compensation Law

2007-12-21T01:23:00.001-05:00

IV. Types of Augusta Georgia Evans GA & Aiken SC Workers Comp Disability Compensation

A. Temporary Total Disability - This benefit is payable when the injured worker is unable to work during a period when he/she is under active medical care and has not yet reached what is called “maximum medical improvement”. By virtue of simple common sense, once “maximum medical improvement” has been reached the condition can no longer be categorized as temporary. Disputes often arise both on the issue of whether the injured worker is, in fact, disabled from work and on the issue of whether maximum medical recovery has been reached. States differ on how they treat situations where the worker is released to light duty work, but the employer will not offer light duty, or those situations where the employer declines to permit the injured worker to return to his job, even after a full duty release. In most states, compensation is paid at two-thirds of the employee's average weekly wage, not to exceed statutory weekly maximums above which no worker is entitled to compensation. It is not unusual for a worker’s temporary total disability weekly benefit to be capped by these statutory compensation limits. B. Temporary Partial Disability - A worker may be eligible for temporary partial disability compensation when he or she is able to do some work but is still recuperating from the effects of the injury, and is, thus, temporarily limited in the amount or type of work which can be performed compared to the pre-injury work. C. Permanent Partial Disability - Compensation is awarded for certain types of permanent conditions which do not cause the worker to be totally unable to work. As previously indicated, there is a wide variety of different ways the various states treat permanent injuries, and it is necessary to consult lawyers in your state experienced in handling workers compensation claims to understand your states’ rate structure for permanent injuries. D. Permanent Total Disability - In order to receive this type of compensation it must generally be shown that the employee is unable to return to work in any capacity, and that this is a permanent problem. On the other hand, there are rulings in many states to the effect that a worker who can perform only occasional, sporadic or undependable work, may still be deemed to be permanently totally disabled. Frequently a states’ workers comp law permits attorneys to offer evidence of a workers age, education, training and experience in seeking to prove that the worker is incapable of substantial gainful employment. E. Disfigurement/Mutilation - A states’ workers comp law may permit the employee to be compensated for disfigurement or scarring, frequently in the absence of any actual impairment, and sometimes in addition to actual impairment. V. Summary: The workers comp system in most jurisdictions is a highly complex statutory scheme with great variation, depending upon the particular jurisdiction in which a worker is injured. The system is generally designed so that anyone can afford to have a workers compensation attorney, and there is virtually no reason why any injured worker should not immediately seek an experienced lawyer. In the jurisdictions in which we practice, Georgia & South Carolina, we would welcome the opportunity to provide a consultation on your workers compensation claim. If you have a Augusta GA Evans Georgia or Aiken South Carolina SC workers comp claim (or a Defense Base Act, Longshoremen and Harbor Workers Compensation Act or Nonappropriated Fund Instrumentalities Act claim), and have a question or would like to inquire about the possibility of having us represent you, please feel free to either complete the help form on this Web site, email us, or telephone us at one of our locations.

GEORGIA & SOUTH CAROLINA WORKERS COMPENSATION CLAIMS

2007-12-21T01:21:00.000-05:00

Introduction To Workers Compensation Law
Basic Features of Workers Compensation a. The Compensable Injury Requirement b. Fault Is Irrelevant With Workers Comp c. Employee vs. Independent Contractor d. Workers Compensation Temporary Total Disability Comp e. Permanent Disability Compensation f. Death Benefits Compensation g. Medical Benefits h. Statutory Immunity - Third Party Claims
Covered Injuries vs. Occupational Diseases
Types of Augusta GA Evans Georgia Workers Comp Disability Compensation
Summary

GEORGIA & SOUTH CAROLINA WORKERS COMPENSATION CLAIMS
I. Introduction to GA & SC Workers Compensation Law:
Georgia & South Carolina Workers Compensation is a no-fault system of social legislation, first instituted in the United States shortly after the turn of the century, in response to serious societal problems caused by a dramatic rise in the number of people injured in industrial settings. Prior to the enactment of workers comp laws (called workmens compensation in earlier days) the only means for an injured worker to recover any compensation to pay for his/her medical expenses and loss of employment income, was to hire a lawyer and bring a law suit in Court accusing the employer or some other party of negligence and seeking just compensation. The courts were bogged down with a multitude of such law suits, and even if the worker's lawyer was able to establish negligence on the part of the employer or another party, which was often not the case, the road to recovery was drawn out and expensive, and a worker might well lose his/her home, health and family waiting for relief. Supporting a large number of indigent, injured workers was a drain upon society. Lawyers in state legislatures across the United States began to propose the adoption of workers comp laws designed to withdraw law suits against employers from the Court system, and to provide some measure of swift compensation to the injured worker, regardless of fault. Thus, it is often said that workers’ comp laws were a very early instance of no- fault legislation. Each state enacts its own workmans comp law, and there is no Federal control over individual states’ workers comp laws. In general, each states’ workers’ comp law provides compensation consisting of disability compensation and medical care for individuals injured in the course of job connected activities. Workers comp laws vary from state to state, so it is important to consult with an experienced workers comp attorney in the state of the workers injury, but there are many features that are fairly common to a typical workers comp statute.
II. Basic Features of Georgia & South Carolina Workers Comp
The typical Workers Compensation statute has the following features:
A. The Compensable Injury Requirement - A worker is automatically entitled to certain compensation whenever he or she suffers from an accidental personal injury (or in some states occupational disease) arising out of and in the course or scope of employment. There are differences among the states as to the exact language employed to qualify the injured worker for workers comp benefits, with some states having peculiar meanings to some of the same wording. The word "accident" is interpreted differently among the comp laws of states. Not all states even have that word in their statutes. The meanings of the phrases "arising out of" and "in the course" or "scope" of employment are also different between the states, thereby giving new meaning to the cautionary instruction that the injured worker should always seek an experienced workers compensation attorney in these cases.
“Arising out of “ - The injury was caused by a risk to which the worker was subjected by his or her employment.
“In the course of “ - This is a term of art involving consideration of the time, place and circumstances of the accident in relation to the employment. Thousands of state court decisions can be found discussing such issues as going to and from work, walking into the plant from the parking lot, coffee breaks, lunch breaks, trips between employment locations, company sponsored picnics or sporting events, etc.

B. Fault Is Irrelevant - Fault on the part of the employer and/or the worker is largely immaterial, although a body of cases has arisen over such issues as horseplay, intoxication, and willful disobedience to the instructions of the employer.
C. Employee vs. Independent Contractor - Coverage is limited to those having the status of an employee, as opposed to an independent contractor. Again, a large body of cases has arisen over the distinction between an employee and an independent contractor, and this distinction is in many cases, hazy, at best. Due to extremely favorable tax considerations (no social security tax, no withholding taxes, no unemployment tax) for labeling a worker as an independent contractor, not to mention the savings on workers comp insurance premiums, many employers seek to call their workers independent contractors. However, workman's comp laws generally permit the attorney for the injured worker to challenge whether the status of the employee was that of employee, rather than independent contractor, and an adjudicatory officer in a workers comp claim may overrule the employer's characterization of the worker as an independent contractor. The employers failure to deduct taxes from the workers paycheck and even a written contract calling the employee an independent contractor are not determinative. The attorney representing the injured worker may be able to demonstrate that despite a written agreement, the worker was, in reality, an employee and not an independent contractor, thereby qualifying the worker for workman's comp benefits.
D. Workers Compensation Temporary Total Disability Comp - Lost income compensation to the worker during the period the worker is out of work under active medical care (called temporary total disability ) of anywhere from one-half to two-thirds of the worker's average weekly wage . Insurance carriers seeking to terminate a workers' temporary total disability compensation often seek what is called an "independent medical examination," but the term "independent" is more often than not misplaced, and a more accurate term would be defense medical evaluation.
E. Permanent impairment or permanent disability compensation - Most states provide some form of workmans compensation to the injured worker for certain categories of permanent injury. These are not to be mistaken for general damages for pain and suffering such as are awarded in civil damage claims brought by attorneys within the court system. There is a great deal of variance among the workmans comp laws of the various states as to the type of injuries which qualify for permanent impairment or permanent disability compensation, as well as the amounts of money allowed for permanent injuries. An attorney experienced in handling workers comp claims in a particular jurisdiction must be consulted to accurately describe the compensation structure of that state and to estimate the “value” of a particular workers’ comp claim.
F. Death benefits compensation - Most states provide some form of compensation for survivors of workers who are killed as a result of job related accidents. Most often the compensation is an effort to replace the lost stream of income to the decedent's surviving dependents.. However, there is great variability among the comp laws of the various states on who can qualify as a survivor entitled to be compensated for the death of the worker and how much the survivors are entitled to receive. It is important to note that unlike a civil damage claim in the Court system, in workers’ compensation the focus is not upon grief, mental pain and suffering, or loss of society and companionship. The focus of the lawyers in workers comp claims is upon the loss of income being produced by the deceased worker for the surviving beneficiaries.
G. Hospital, medical and vocational rehabilitation expenses - Generally, all reasonable and necessary compensation for medical care required by the injured worker is covered, including prescriptions, medical appliances, etc.. Needless to say, the medical condition requiring treatment must be causally related to the injury. Some states regulate the amounts the medical care providers may charge for treatment, and make charges in excess of the permitted amounts unenforceable by the medical care provider. States differ on the right of the injured worker to choose the person(s) who will provide his/her medical care, with some states leaving this choice entirely up to the claimant and other states heavily regulating it by requiring that physicians be chosen from panels or selected by the employer.
H. “Statutory Immunity” of the Employer - Third Party Suits - The worker, in exchange for the certainty of receipt of workman's compensation regardless of fault, under most states’ laws is deemed to have given up his or her common law right to sue the employer for negligence and damages for any injury covered by the statute. This is called the “statutory immunity” of employers. It was one of the historic trade-offs legislatures made to justify requiring employers to pay workers comp regardless of whether they were at fault. Most states retain the right of the worker's lawyer to sue an outsider (a person or company other than the employer) for negligence or any other tort theory of liability, such as product liability or medical malpractice (associated with the rendering of medical care for the workers comp injury). These are called third party suits. There are widespread differences among the states as to who constitutes a third-party, what portion of the recovery from the third party suit the worker may keep and what portion of the compensation for damages in the third party suit must be repaid to the employer and its workers comp insurance carrier. Workers comp attorneys familiar with the law in a particular jurisdiction should be consulted to ascertain the worker's rights with respect to third party suits.
I. Administration of workers compensation claims is typically in the hands of administrative agencies or commissions. Rules of procedure and evidence are generally relaxed in front of these agencies. A Commissioner or administrative law judge presides over workers compensation hearings and makes rulings on objections and procedural issues raised by the lawyers, similar to a judge in a law court.
J. Insurance -- In most states the employer must secure insurance coverage against workers comp claims through the purchase of private insurance or state-fund insurance. Many states have a procedure for authorizing larger, more secure employers to be their own self-insurer.

III. Distinction Between Covered Workers Comp Injuries and Occupational Diseases
A. Covered Injury - In many states an injury must be an event taking place within a relatively short time frame, producing physical harm to the injured worker. Some states require a form of trauma. Some states with laws containing the term “accidental injury” will disallow claims for lifting or strain injuries not produced by a traumatic event such as slipping, tripping and falling, unless the amount of lifting required of the employee can be shown to be unusual for the particular employment. Maryland had just such a peculiar, court-created definition of the term "accident," until it was overturned by a well reasoned decision of the Maryland high court in June, 2003. Other states are not as strict, and will allow almost any claim for an injury which is causally related to work activity. An injured worker should never assume his/her injury is clear cut or covered and should always seek an experienced attorney as soon as possible after the injury.
B. Occupational Disease - The common element in most occupational disease statutes is a disease or condition which is characteristic of the trade or occupation of the worker, and is shown by medical evidence to be causally related to the trade. In other words, diseases which might be contracted in other occupations or in everyday life apart from employment are usually not compensable.

Georgia GA Employee Information - Workers Compensation Lawyer & Attorney Law Denial Of Benefits

2007-12-02T23:27:00.000-05:00

Georgia GA Employee Information - Workers Compensation Lawyer & Attorney Law Denial Of Benefits
In Georgia GA it is not unusual for the insurance company to file a Notice of Denial indicating that they are disputing your entire workers compensation claim for benefits or various portions of your claim for requested benefits. If your claim or any request for benefits is denied, the insurer should notify you in writing by filing a Notice of Denial and set forth the reasons your benefits are denied. Sometimes a letter or phone call to the insurer will solve the problem but, if not, you should consider seeing an attorney, if you have not seen one already. You should hire a qualified Georgia GA workers compensation lawyer or attorney who knows the laws. Augusta GA workers compensation lawyers & attorneys.

Employee Information & Finding & Choosing a Workers Compensation Attorney or Lawyer

2007-12-02T23:21:00.000-05:00

Employee Information & Finding & Choosing a Workers Compensation Attorney or Lawyer

Although there is no law which says you need to hire a lawyer or attorney, in practical terms and regardless of how you feel about attorneys, it is difficult to handle a workers' compensation case on your own. With trained adjustors working for the insurance companies who have lawyers at their everyday disposal, hiring a qualified workers comp attorney or lawyer is essential. Unless your case is extremely simple, a good lawyer is important to protect your rights. Trying to handle your own case may save you a penny but cost you a pound in the long run.
Hiring a lawyer is critical in any of the following situations:
The employer denies you were injured on the job
The carrier has denied benefits
You cannot get medical treatment
You are not getting paid
The adjustor promises benefits or care which never arrives
An attorney for the employer or insurance company contacts you and wants to take a deposition
You want to sue a third person- You begin to represent yourself and you encounter someone on the other side who is particularly difficult and is trying to take advantage of your lack of legal expertise
These are but a few of the situations which arise and should make you consider hiring an attorney. Remember, the more problems you encounter, the more you probably need representation.
Workerscompensation.com makes finding and choosing a lawyer easy. To find a qualified attorney, go to your city and search and review the attorneys listed. Many have links to their firms where you can peruse the information or you can call or write to the attorneys and request they provide you with written or oral information about their credentials. Call or write and make an appointment. We only list attorneys who practice in the area of workers' compensation and who have experience in this field. Remember, the hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you free written information or view their Website about their qualifications and experience.
Choosing a workmans compensation lawyer or attorney is a personal matter. A lawyer generally has 19 years of formal education and must have passed a difficult exam to be able to practice law. This training combined with his legal experience constitutes his education. His education and experience are primary considerations along with the proven ability in the field of workers' compensation. Board certification shows that the practitioner has a high degree of experience and ability. Because there is a continuing relationship between the lawyer and the injured worker as a client, the personal nature of the relationship must also be considered.
Most workers' compensation attorneys work on a contingency basis. That is, if they do not get you money, they do not charge you. In addition, in many situations, the employer/carrier may have to pay any fee or costs.

Americans With Disabilities Act (ADA)

2007-12-02T23:20:00.000-05:00

Americans With Disabilities Act (ADA) & Workers compensation law lawyer and attorney

The Americans with Disabilities Act (ADA) applies to all employers who have fifteen or more employees. Whether or not an injured worker is subject to protection under the ADA after the workers' compensation injury depends upon the type of injury sustained and whether or not he has a permanent disability. The definition of disability for workers' compensation and the ADA is construed differently by the laws and courts. Determining whether an individual who has a workers' compensation injury is also disabled under the provisions of the ADA can sometimes be a difficult and confusing situation. Since the ADA is relatively new and the courts are still interpreting this problem, it is wise to seek legal advice if in doubt.
Generally speaking, an employer cannot refuse to hire an injured worker with a disability if the worker can perform the essential functions of the job either with or without reasonable accommodations. However, this does not mean the employer has to keep the job open indefinitely. Company guidelines established before the accident are generally very helpful.

Family Medical Leave Act (FMLA)

2007-12-02T23:17:00.000-05:00

Family Medical Leave Act (FMLA)

It is very important that an employer understand the Family Medical Leave Act (FMLA.) An employer who has 50 or more employees is subject to this Act. To be an eligible employee, one must have worked for the employer for at least one year or over 1250 hours. FMLA entitles one up to a total of 12 weeks of unpaid leave during any 12-month period because of a serious health condition. Workers compensation workers comp law and employee rights if they are injured on the job or at work.
An employee may elect, or the employer may require, the employee to substitute accrued paid vacation, personal leave, or sick leave during this period of time. When the employee returns to work, the employer must return the worker to his former position or an equivalent position, with equivalent employee benefits. Usually, when a worker takes FMLA leave, he does not get paid. However, "paid time off" or vacation pay or sick pay may be given if the employee has earned these benefits.
If an injured worker takes the Family Medical Leave and cannot return to work after the twelve weeks expire, generally the employer does not then have an obligation to rehire the worker at a later date. In other words, the employer is not required to hold the job open indefinitely.
There are very strict requirements concerning when the FMLA applies and how it is determined. A thorough understanding of the requirements and specifics of the FMLA is essential. There is a close relationship between the Family Medical Leave Act, the Americans with Disabilities Act, and the workers' compensation system, in returning injured workers to work. The employer must always have a good understanding of how these laws work together and how to meet the legal requirements. Worker compensation law lawyer and attorney.

What is Workers' Compensation in Georgia/GA

2007-12-02T23:12:00.000-05:00

What is Workers Compensation in Georgia/GA

Workers' compensation laws provide money and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease on-the-job. Workers' compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. It is intended to benefit the employee and employer alike. The employee receives money (usually on a weekly or biweekly basis) and medical benefits in exchange for forfeiting the common law right to sue the employer. The employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined. The question of negligence or fault is usually not at issue.

Augusta GA Workers Comp Lawyers & Evans Georgia Workers Compensation Attorneys

Georgia GA Workers Compensation Law - Workmans comp lawyer & attorney

2007-12-02T19:40:00.000-05:00

Georgia GA Workers Compensation Law - Workmans comp lawyer & attorney
Georgia Workers Comp Quick Facts
The following represent the state of the law as of January 1, 2006. Please note that worker's compensation law can be complex and these laws and policies are subject to amendment at any time. If you need help with a worker's compensation issue, please consult a licensed Georgia lawyer or attorney that specializes in workers compensation law.
Is Worker's Compensation Compulsory? Yes
Are Waivers Permitted? Yes
Numerical Exceptions: 3
Choice of Physician: Employee selects initial physician from a list maintained by the employer.
Waiting Period For Comp Benefits After Injury: 7 days
Compensation is retroactive if disability continues for what period of time from the date of injury? 21 consecutive days
Attorney Fees Permitted: 25%, statute
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