June 2009 Archives

June 22, 2009

Atlantans vent about Georgia workers' compensation rights

The "vent" in the Atlanta Journal-Constitution allows readers a chance to display their frustrations.  A few days ago, the following rhetorical question was posted:

59962_the_axe.jpg


What good is Georgia's Worker's Comp program if it allows employers to fire you immediately upon filing a claim????


While Georgia does not have a cause of action for termination in this fashion like some states do, there are some negative consequences for employers who decide to fire their injured employees. 

First, if the worker is on light duty, the worker will not have to conduct a jobsearch in order to prove he's disabled and entitled to disability benefits.

Second, the employer will no longer have the option of offering light duty to the injured worker, which would otherwise lessen exposure for disability benefits. 

Third, if the claim goes before an Administrative Law Judge, and evidence is presented that the injured worker was fired after filing for workers' compensation, how do you think that employer is going to look in the Judge's eyes?

Continue reading "Atlantans vent about Georgia workers' compensation rights" »

June 18, 2009

Atlantans hurt at work physically often depressed, anxious

Many of my clients, after suffering a physical injury at work, find themselves losing interest in activities they used to enjoy. They often want to sleep twice as many hours as they used to need to feel rested. They're anxious. They begin feeling hopeless.

1046561_sadness.jpg

Sometimes, an Atlanta attorney who handles workers' compensation cases can forget that not everyone knows that a physically injured worker can ask his doctor for a psychiatric referral, too. Under Georgia workers' compensation caselaw, if a psychiatric injury is preceded by a physical one, psychiatric care can also be part of the workers' compensation claim. 


Continue reading "Atlantans hurt at work physically often depressed, anxious" »

June 15, 2009

Injured workers in Atlanta find their voice in Mos Def

While an injured worker in Atlanta should absolutely seek assistance from an expert workers' compensation attorney in Atlanta, he may also find solace in Mos Def's newest album, The Ecstatic, which features a track called, "Workers' Comp."

MosDef.jpgTo quote a review from CDInsight.com, the song speaks "about tough times in life and work, specific to our economic troubles. It shows a search for meaning, love, and survival." 

Certainly, relying on worker's compensation benefits in Georgia for an extended period of time is not an enviable position, but having a guide in the process will lessen the sensation that it requires "survival." 

Continue reading "Injured workers in Atlanta find their voice in Mos Def" »

June 9, 2009

Injured workers in Atlanta: how to choose an attorney



1.  I would advise against hiring someone who calls himself "The Switchblade," "The Hammer," or any other inanimate object, weapon, etc. as part of his advertising.  This is more likely to incite laughter than it is to bring fear from the opposing counsel.  




2.  I would also advise against hiring anyone who offers you "100% or more" of what your case is worth.  While lawyers are rarely lauded for their mathematical skills, understanding the value of 100% is a skill one normally achieves in grade school.  Unless you're "The Hammer."

 


3.  Finally, I would strongly advise against hiring an attorney who is too focused on his other clients to pay attention to your case.  Chances are good that such a barrister will be unable to help you.


Continue reading "Injured workers in Atlanta: how to choose an attorney" »

June 5, 2009

If I'm on workers' compensation disability benefits in Georgia, how are my taxes figured?

Per IRS Publication 525, Temporary Total Disability (TTD) benefits in Georgia are not subject to income tax.  Neither are Temporary Partial Disability (TPD) benefits and Permanent Partial Disability (PPD) benefits.  Wasn't that simple? 

589848_tax_forms.jpgHave more questions about Georgia workers' compensation law?  What about questions involving law and finance?  Contact the Atlanta workers' compensation lawyer and Buckhead financial counselor who authors this blog!

Or, continue thrashing about in the dense undergrowth of ignorance if you prefer.
June 4, 2009

How does an injured worker in Atlanta choose a doctor?

Injured workers in Georgia should be directed to a panel of physicians immediately after reporting a workplace injury, in accordance with the Georgia Workers' Compensation Act.  In most instances, the panel must contain six doctors or medical facilities from which an injured employee can choose a treating doctor. 

Often the piece of paper containing these six medical providers is pink, making it easy to distinguish from other notices that may be on display.  The panel is frequently found near a timeclock, in a breakroom, or in an otherwise centrally-located room or office. 

workerscompdoctors.jpgThe functions of the panel of physicians should be explained to all employees shortly after they are hired, so that in the event of an accident at work, the injured worker will know where to go for medical care.

Please feel free to contact me, an Atlanta workers' comp attorney, with any questions you may have about medical treatment after an injury at work. 


June 1, 2009

Injured workers in Atlanta wonder, "Can I afford a lawyer?"

I frequently meet with injured workers who have concerns over the costs associated with hiring an Atlanta workers' compensation attorney.  Please rest assured that injury lawsuits are taken on a contingency basis, meaning we are not paid unless you are.  Thus, when your case settles or you are awarded workers' compensation benefits, only then will our firm get paid its 25% fee.

lowresclientpicpedro.jpgSpeaking of a 25% fee, I recently began working with a client whose previous attorney had him signed up for a contingency contract with a 33% fee for his workers' compensation case.  The maximum allowed amount for a Georgia workers' comp contingency fee is 25%!  Thus, if you are working with an attorney who charges more than that, please find a new attorney who is familiar with the Georgia Workers' Compensation Act