Author Archives: SunneLaw
GA Workers Compensation Weekly Benefit – How It Is Calculated
Once you have been totally disabled by the authorized treating physician your GA workers compensation weekly benefits will begin. Your compensation rate is based on the average wage for the thirteen weeks prior to your date of injury. The insurance company sends a form to the employer (WC-6) and the employer inputs your gross wages for each of the thirteen weeks prior to the accident. For GA Workers’ Compensation Weekly Benefit, you will receive two-thirds of that average weekly wage. For example, if your average wage was $600 you would receive a weekly workers’ compensation benefits of $400.
The First Four Crucial Steps To Take After a Work Injury Georgia
1. Tell your supervisor immediately and ask for medical attention if you have had a work injury Georgia
One of the biggest mistakes an injured worker makes is to wait before telling the supervisor of the accident or work injury Georgia. Many people wait hoping that the injury is minor and that it will heal in a few days. While this may be true the accident and work injury Georgia should still be reported immediately! It creates suspicion by the employer if a week or two after your accident you then tell the supervisor of the incident. In fact most employer manuals or introductory material that is issued upon hire says that all accidents should be reported immediately. I know that many workers fear for their job and therefore wait before reporting a work injury Georgia. Waiting does not protect you. It protects your employer’s pocket. So, report your work injury shortly after it happens and if you need medical attention, ask for it.
Big Changes To Georgia Workers Compensation Mileage Law
My last blog discussed the changes in an injured workers’ medical benefits as of July 1, 2013. Other changes will affect the injured worker as well. One positive change is the workers’ compensation mileage reimbursement benefit. An injured worker has a right to be paid a mileage expense for his or her trips to and from authorized treatment providers. This expense includes mileage to and from authorized doctors, physical therapy, diagnostic testing centers, etc.
Big Changes to Workers Compensation Law In Georgia
Workers compensation law in Georgia has had relatively few changes over the past few years. This year, however, the Georgia Legislature passed changes to the Statute that will effect the rights of the injured worker in both good and bad ways.
Workers Compensation Benefits
Temporary Total Disability (TTD) Workers Compensation Benefits
This benefit is paid to an employee who is unable to work as determined by the authorized treating physician. If the treating physician determines that you are totally disabled for a period of time you will receive this weekly benefit. This amount paid each week is two-thirds of the injured workers’ average weekly wage at the time of the accident. This amount cannot exceed the maximum amount set by Georgia’s law, which is currently $500. If the injured worker is a high wage earner he or she can still only receive a maximum of $500 per week while totally disabled.
Personal Injury Cases - Types Of Compensation Available
When you have been injured in an accident (a car accident, slip or fall, etc,) you are entitled to damages in the form of money by the person or company found to be legally responsible for the accident. In personal injury cases this person or company would be the defendant.
Personal Injury Claim - Why You Need A Lawyer
It is always advisable to seek the services of a reputable law firm in Georgia for representation in personal injury claims. Some may opt to pursue their personal injury claim themselves but they always find in the end that they should have hired an attorney. A personal injury lawyer is knows the law and knows how to pursue the claim to maximize your monetary return. A good personal injury lawyer has years of experience, the legal knowledge and the know-how to successfully represent a person who has been injured as a result of the negligence of another, whether it is a company or the negligent driver that caused the accident.
Workers' Comp Claim, How Long Do I Have To File?
Just like personal injury and wrongful death claims, employees who have been injured have a time limit within which to file for workers’ comp claim in GA. Not only should the time limit for filing a workers’ comp claim be adhered to, but the time frame for notifying the employer about the injury must also be observed. Failure to observe both time limits in filing a workers’ comp claim may result in the claim being denied and the injured employee, such as yourself, will lose valuable rights in recovering benefits you should be entitled to. Let’s talk about these time limits in more detail about your workers’ comp claim.
3 Reasons Why You Need To Hire An Atlanta Workers Compensation Lawyer
People are hurt on their jobs every day in Georgia. Employers with more than three employees are required to have workers’ compensation insurance that will cover a worker if he or she has an accident and suffers an injury that arises out of their employment. Many people feel that they can handle their claim themselves but this is almost always a mistake. Here are three reasons why you need an atlanta workers comp lawyer to handle your claim in Georgia.
1. You Need To Hire An Atlanta Workers Comp Lawyer Because Of Lack of Knowledge
Whenever you are injured on the job, you will find yourself dealing with an insurance adjuster that cares more about getting you back to work than making sure you receive the best medical treatment for your injury. You have certain rights under Georgia Workers’ Compensation law but it is not in the best interest of the insurance company to advise you of your rights. Remember the adjuster works for the insurance company, not for you! In order to get the best medical care and to obtain optimal healing you need to know your legal rights. An Atlanta workers comp lawyer can advise you of your rights. The insurance company has lawyers representing their interest best interests, why shouldn’t you have an Atlanta workers comp lawyer representing yours. You should too. It’s just a matter of equaling the playing field. Importantly, Georgia’s law requires that certain steps be taken when filing a claim such as filing certain forms and adhering to time limits. These are essential and cannot be overlooked because failure to adhere to these prescribed rules may result in the claim being barred forever. These are the things an Atlanta workers comp lawyer can help you with.
Hiring A Lawyer For Your Personal Injury or Workers’ Compensation Claim: Myths by Insurance Adjusters
Many people are often skeptic when it comes to hiring a lawyer for your personal injury or workers’ compensation claim. They are often of the view that hiring a lawyer will only take a large piece of their pie and leave them with a lesser monetary amount from their claim than if they had done the claim on their own. Sunne Law is here to tell you that is just a myth. This myth has been long fueled by insurance adjusters. Can you think of the reason why?
Can You Sue Your Employer If You Are Fired After A Workers’ Compensation Injury
I am asked if I can sue my employer at least once a month by one of my clients or someone calling me for advice. The answer is,”no”, you can not sue your employer. Georgia is a termination-at-will state.
The “AT WILL” employment doctrine in Georgia means that most employees usually are regarded as employees “at will.” Workers in Georgia work at the will of the employer and the employer can fire the worker for any reason at any time. It has been said that the worker can be terminated for “a good reason, a bad reason, or for no reason at all.” You can not sue your employer.
Catastrophic Injury Georgia
A Catastrophic Injury Can Be Life-Changing and Permanent
On a daily basis, many workers are faced with working with dangerous heavy equipment and raw materials. This within itself creates an unsafe working environment. Even though employers take the necessary precautions required by law to protect employees from workplace injuries, they unfortunately still occur. Being injured on the job can be frightening and devastating. Some workplace injuries can be more serious than others. Georgia’s law divides workplace injuries into two categories, those that are catastrophic and those that are non-catastrophic. Non-catastrophic injuries are injuries that will heal to some degree and the worker will return to gainful employment. Catastrophic injuries are life-changing and permanent. And are injuries which are so severe that they prevent the worker from returning to work.
Injuries That are Automatically Deemed Catastrophic
Certain injuries are automatically deemed catastrophic such as an amputation of an arm, a hand, a foot or a leg and a spinal cord injury involving paralysis of an arm, a leg, or the trunk. Other injuries must be deemed catastrophic by the Board of Worker’s Compensation. Those injuries must be of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy for which such worker is otherwise qualified. If your injury falls into this latter category then you will most likely need to retain a workers’ compensation attorney in order to obtain a catastrophic designation from the Board of Worker’s Compensation.
Life Time Benefits For A Catastrophic Injury in Georgia
If an injury is catastrophic the worker will be entitled to lifetime weekly benefits of two-thirds of the worker’s average weekly wage but no more than $500 per week. The injured worker will also have 100% of his medical covered for the work-related injury and rehabilitation services. Rehabilitation serviced could include re-training and education. A workers’ compensation lawyer at Sunne Law can explain this to you in further detail.
The catastrophically injured worker may also be entitled to modifications to his or her home and/or a vehicle that can accommodate a wheelchair or a scooter. The insurance company must provide items that the treating physician deems medically necessary for the catastrophically injured worker.
Head Trauma Injuries Can Be Catastrophic
Head trauma relates to closed head and traumatic brain injuries. A closed head injury such as a concussion from falls or other related workplace accidents are very common but a lot of times, head injuries are not noticeable at the time of the accident and the injury only becomes detectable when symptoms arise such as short-term memory loss, headaches and behavioral changes of the injured employee.
A competent workplace injury attorney specializing in head injuries has a good working relationship with neuropsychologists who conduct various tests to decipher the root of the head injuries and to determine whether it is a catastrophic injury as defined in the Statute. Sunne Law, workers compensation attorney will help you in proving that the head injury you received on the job was a catastrophic injury, thus requiring lifetime benefits.
Traumatic Brain Injuries and Catastrophic
Traumatic Brain Injuries or TBIs as they are commonly called in the legal profession are head injuries that result in brain damage, comas or the employee being in a vegetative state. There is no question that a TBI should result in a catastrophic designation and therefore permanent benefits to the injured worker. These benefits should include home care payments as well as payments to spouses who often times act as the primary home caregivers.
Sunne Law, takes your interests into consideration when fighting to ensure that you receive your permanent Workers’ Compensation benefits due to your catastrophic injury.
Unfortunately, because the expenditure of paying for benefits related to catastrophic injuries are so high, many employers try to downplay the seriousness of the injury received by the employee which is why you need a workplace injury attorney at Sunne Law, who specializes in catastrophic injury in Georgia. We will help you so that your receive all of the benefits you deserve. Don’t waste time thinking that you can handle the claim on your own. The insurance company does not have your best interest at heart and will not work on your behalf to make sure you receive all of the benefits you deserve after suffering a catastrophic injury in Georgia. If you think you have a catastrophic injury and would like to talk to an attorney about it, contact Sunne Law. www.sunnelawpc.com
Light Duty Job - Know Your Rights
You have been totally disabled by the treating physician and then the doctor decides you can do a light duty job. Don’t just return to work because the employer “says” they have light duty job for you. The employer and insurer must follow a certain procedure dictated by the law as outlined in the Statute. The Statute requires the employer and insurer to file certain forms with the Board of Workers’ Compensation before you are required to return to work and try the light duty job.
Workers Compensation Doctors - Can I See My Own Doctor
When you are injured on the job you should be given the opportunity to choose a workers compensation doctor from the posted panel of physicians. It is required under Georgia law that the employer maintain a workers compensation panel of six doctors. The employer should not just tell you which doctor to go see but rather let you choose a doctor from the panel. Once you are injured on the job ask your employer to see the panel of Workers Compensation Doctors.
You cannot just treat with your personal doctor and expect the employer to pay the bills and pay weekly compensation. If the employer has a valid panel then you must see their Workers Compensation Doctors.
Can You Be Fired While On Workers Comp
Yes, you can be fired while on workers comp
I am asked this question at least once a month by one of my clients or someone calling me for legal advice. The answer is “yes”, you can be fired while on workers comp. Georgia recognizes the doctrine of “Employment at Will”. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause or no cause at all, so long as it is not an illegal cause.
Proving Personal Injury
Proving personal Injury – perserving evidence
One of the major reasons persons are not as successful as they would have liked in personal injury lawsuits is due to the lack of sufficient evidence. Juries find liability and award monetary damages based on the evidence presented to them. If there is insufficient evidence to prove the defendant’s liability in a personal injury case; then the defendant will not fully be held accountable and the injured party will not be awarded damages. That is why preserving evidence and documenting your injury and recovery is an important part of a personal injury claim and lawsuit.
Injured On the Job - Know Your Rights
Know Your Rights If You Have Been Injured On The Job
Many people are unaware of their legal rights afforded by Georgia’s Workers’ Compensation Law. If you or someone you know has been injured at work then you will find this read useful in ascertaining if you or that individual is receiving the proper benefits according to the law of Georgia. If upon reading this article you find that you or that person has not been receiving those benefits, then your next step is to contact a workers’ compensation attorney to discuss legal rights so that you both can be properly awarded for you job injury.
Workers Comp Attorney- "Bigger Is Not Better"
When hiring a workers comp attorney, “bigger is not better”
You have been injured on the job in the State of Georgia and you are confused about what you are being told by the insurance company. You feel uneasy because you don’t know your rights. You need the help of a workers’ comp attorney but you have never hired an attorney. Here is what you need to know.