Georgia Workers' Compensation Lawyer Blog

Georgia workers' compensation law contemplates past injuries and their propensity to "flare up" or "aggravate" months, or even years, after an injury when an employee continues working.  Oftentimes when I'm consulting with an injured worker in Atlanta, he will be concerned that the pain he's feeling while working will not be a compensable workers' compensation injury, because he has had previous pain of a similar nature in years past.  This scenario often arises with backs, knees, carpal tunnel syndrome, or shoulders. 

The good news is that your aggravation of a previous injury may very well be compensable.   Georgia workers' compensation law recognizes that workers often reinjure themselves when they continue to work, even after a successful surgery and rehabilitation.  If you have questions about whether or not the pain you're feeling while working qualifies as a new workers' compensation injury under Georgia law, please feel free to contact me, an Atlanta workers' compensation expert. 

Under the Georgia Workers' Compensation Act, an injury is compensable if it occurs "by an accident that arises out of and in the course of" employment.  What does that mean? 
An accident arises out of employment when there's a causal connection between work circumstances and the injury.  Ask yourself, "Did my work duties cause me to get hurt?  Would I have injured myself if I were not performing work-related tasks?" when examining whether your injury is work-related or not. 

An accident arises in the course of employment when the time, place, and circumstances of the injury are related to employment.  Ask yourself, "Was I in a place that was work-related when I hurt myself?  Would I have hurt myself at this time and place if I didn't have my job?" when examining whether your injury is work-related or not.

While these definitions may seem fairly simple, unique circumstances can make them complicated.  Discuss your accident with a workers' compensation lawyer in Atlanta to find out whether your accident's circumstances are such that your injury is compensable. 

Workers' compensation clients sometimes call to tell me how strongly they identify with Rockwell, who told us in 1984 that somebody was watching him.  Why is this?

Sometimes when an adjuster believes a workers' comp claimant is being dishonest about how injured he is, the adjuster will hire an investigator to follow the claimant for a day or two with a video camera.  If you're on workers' compensation benefits and see someone who appears out of place or to be following you, I recommend smiling and waiving.  Or, you can do as one claimant did when I was still defending insurance companies, and call the police, which will certainly embarrass the investigator and probably ensure that he won't follow you again.

Surveillance is admissible if the proper foundation is laid, but if your attorney does not frequently handle Georgia workers' compensation claims, he or she may not know to request  surveillance before trial or how to address it when it is sent.  I recommend working with an experienced Atlanta workers' compensation attorney who has faced issues like this from both sides of a workers' comp claim.  Otherwise, your claim may go the way of Rockwell's singing career. 

Being an Atlanta workers' comp lawyer who defended insurance adjusters for the past five years, I can tell you that your insurance adjuster is not your enemy.  I've found that these folks are often overworked and underpaid, but most of them genuinely want to help injured workers who need medical and indemnity benefits, restoring them to work as soon as possible. 

Perhaps you've heard insurance companies or their employees vilified.  While I don't always agree with their choices of treating doctors or evaluation of claims' exposure now that I represent injured workers in Atlanta, I don't view them as the enemy, either.

Frankly, if you're interested in resolving your workers' compensation claim, getting it settled, or getting a change in physician, it's better to work with--not against--your insurance claims adjuster to the extent you can.  You may think that seeking legal representation will hinder you in this process.  Not true.  Working with a knowledgeable, well-connected Atlanta workers' compensation attorney will help.  Give me a call for a free case evaluation, and we'll develop a game plan.