Georgia Workers' Compensation Lawyer Blog

Just as you shouldn't trust skinny chefs or tee-totaling bar tenders, you should be leery of the attorney who doesn't have a Blackberry. When a friend of mine was selected as a "Super Lawyer" as I was starting my career at his defense firm several years ago, I asked him what he did to get bestowed such an honor.  His response?  "It's because I have a Blackberry."  Naturally, I bought one a few days later.

I've since upgraded a couple times, but now I want the latest and greatest, the Tour.  Accordingly, I'm entering a contest held at "Good, Bad, Ugly Reviews" to win one.

And oh yes, since purchasing my first Blackberry, I have received notification of numerous nominations for that Super Lawyer club.  Like I said, only hire an Atlanta workers' compensation attorney who recognizes the value of utilizing technology. 

If your workers' compensation claim has been accepted, and you're getting disability payments while you treat with a workers' comp doctor and can't work, the maximum amount of time you can receive temporary total disability (TTD) benefits is 400 weeks (about 7.5 years), unless your claim is deemed to be "catastrophic," meaning you are unlikely to ever work again.

The longest you can be on temporary partial disability (TPD) benefits is 350 weeks. Of course, TPD benefits are paid if you're on light duty restrictions from your authorized treating physician (ATP) and are working light duty at a lower wage than what you made before your workplace injury.

If your employer cannot (or will not) offer light duty, but you are on light duty restrictions from your treating doctor, the workers' comp insurance adjuster may file a WC-104 to drop your benefits to a 350-week cap if you're on light duty restrictions but aren't working for 52 straight weeks or 72 aggregate weeks.

Seem confusing? It can be to a novice, but feel free to contact the Atlanta workers' compensation attorney, and an expert on Georgia workers' comp law will be glad to assist you!

However you refer to them--Illegal aliens, undocumented workers, illegal immigrants, undocumented immigrants--the Georgia Supreme Court has ruled that they are entitled to workers' compensation benefits.

Workers' compensation coverage comes via a contract with an insurance provider that includes employees of a qualifying employer. If that employer chooses to hire, or even unknowingly hires, a worker without a Social Security number, permit, visa, etc., and that worker is injured on the job, the employee may file for workers' comp benefits. His status as an illegal alien will not bar his recovery of disability benefits or medical care related to his on-the-job injury.

That being said, issues can arise if the employer offers light duty work.   The employer can't use the workers' comp discovery process to learn the injured worker is an illegal alien, refuse to offer light duty work, and expect to use that as an argument that the worker has refused to attempt light duty such that benefits can be suspended.  However, a light duty job requiring a drivers license may be used as unjustifiably refused light duty.
 
If you are an undocumented worker and have questions about how your employer is treating you after an on-the-job injury, feel free to contact my Atlanta workers' compensation law office for a consultation.  Don't speak English?  Our Atlanta accident attorney office has Spanish translators available to assist as well!

Sometimes, an injured worker in Atlanta will get convicted of a crime and will have questions about whether or not someone who is receiving workers' compensation benefits in Georgia can continue to get disability benefits while incarcerated.

While the injured worker may continue to receive benefits after an arrest while awaiting trial, he will not be able to continue receiving temporary total disability (TTD) or temporary partial disability (TPD) after being convicted of a crime if he is "locked up." Permanent partial disability (PPD) is also no longer an option if the injured worker is incarcerated.

Once the individual is released, he may be able to get his workers' compensation benefits reinstated, but the insurance adjuster is not going to reinstate benefits automatically. Better to talk with a competent workers' comp attorney in Atlanta for a consultation regarding legal options.