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workers' compensation Archives

Local and National News Shed Light on "Big Problems" in Georgia Workers' Compensation System

photo_21468_20120211-214x300.jpgIf you take a cursory look at the Georgia State Board of Workers' Compensation website, you might believe that filing a claim for workers' compensation is a relatively pain-free process that involves only the completion of a simple form.

Employer Forced to Pay Injured Worker's Attorneys' Fees for Wrongfully Denying Benefits

shutterstock_188002490-300x200.jpgYou have been hurt at work, and your employer refuses to start your disability payments or to help you get the medical care that you need. You have no money to hire an Atlanta workers' compensation lawyer. What should you do?

une 8, 2017 Causation and Notice - Two Issues That Can Complicate a Georgia Workers' Compensation Claim

Calendar-300x273.jpgIn a Georgia workers' compensation claim, the plaintiff has the burden of proving that his or her injury is compensable. This requires that the employee show, by a preponderance of the evidence, each and every one of the essential elements of the case: that he or she suffered an accidental injury, that the injury arose out of and in the course of employment with the defendant employer, and that the disability for which the employee seeks compensation resulted from the injury. In addition, the employee must prove that he or she gave timely notice of the work-related injury.

Product Liability Claims Can Yield Additional Compensation in Georgia Accident Cases

bucket-truck-277x300.jpgWhen a product defect or failure causes a personal injury or wrongful death, the accident victim (or his or her family, in the event of a fatality) may be able to recover money damages via a product liability lawsuit. In Georgia, the general rule is that a product liability claim must be filed within two years of the date of the accident or within 10 years of the date that the product was first sold. (Of course, it is always best to talk to an experienced personal injury attorney about your particular situation, since different or additional deadlines may apply.)

When a Georgia Employer Doesn't Have Workers' Compensation Insurance

photo_21433_20120211-768x510.jpgUnder Georgia law, most employers are required to purchase workers' compensation insurance if they have at least three employees. Generally, this is true regardless of whether those three workers are considered full-time, part-time, or seasonal.

Employer Seeks to Prove "Change in Condition" to Suspend Employee's Lost Wage Benefits

lungs-300x206.jpgUnder Georgia's workers' compensation laws, an employee who is out of work for at least seven days due to an on-the-job injury is entitled to weekly income benefits. These benefits are paid at the rate of 2/3 of the employee's average weekly wage (subject to a state minimum and maximum).

End of Work-Related Aggravation of Pre-Existing Injury Can Lead to Suspension of Workers' Compensation Benefits

calendar-app-768x510.jpgWhen a worker is injured on the job and becomes temporarily unable to perform his or her usual work duties, he or she may be entitled to either temporary total disability benefits (if the worker is totally unable to work) or temporary partial disability benefits (if the worker returns to work but earns less than before the injury).

State Board of Workers' Compensation Scrutinizes the Credibility of Injured Workers

tractor-trailer-300x252.jpgIf you have been hurt in a work-related accident, you should be very careful about what you share on social media, as well as the activities in which you engage when in public - and by "in public," we mean any occasion in which you could be visible to a surveillance company hired by your employer to observe your activities and physical condition.

Georgia Workers' Compensation Benefits, by the Numbers

calulator-keys-300x225.jpgUnlike negligence cases arising from car, truck, or motorcycle accidents, the compensation available in a workers' compensation case is highly structured and is even subject to certain minimum and maximum benefits. (Because of factors like inflation and cost of living increases, the amount of minimum and maximum weekly compensation benefits varies over time.)

The Exclusive Remedy Doctrine of the Georgia Workers' Compensation Law and Possible Exceptions

shutterstock_184276655-768x480.jpgMost people have never heard of the "exclusive remedy" provision of Georgia's workers' compensation law. Given the frequency with which the word "exclusive" is used in conjunction with a sales pitch in popular culture (such as an "exclusive offer" or an "exclusive resort"), the term might be quite confusing in the context of a work-related injury
claim.

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