November 2009 Archives

November 23, 2009

When can I expect a check after settling my workers' compensation claim in Georgia?

After mediating or otherwise settling a workers' compensation claim, my clients frequently want to know when they're going to get paid.

With the Georgia State Board of Workers' Compensation's fairly recent switch to paperless filings through its ICMS system (Integrated Claims Management System), workers' compensation claims in Atlanta and elsewhere in Georgia are getting approved quite quickly.  Here's a quick breakdown of the process of settling a workers' comp claim in Georgia and getting paid:

1)  the parties reach an agreement.  Usually, this is a dollar figure, but it can include medical and other provisions that either side wishes to include in its bargained-for agreement.

2)  the employer gets a copy.  The defense attorney sends a copy to the employer.

3)  the claimant and his/her attorney (if he/she is represented) gets a copy of the "stip" and will have several places to sign their names.

4)  the stip is sent back to the defense attorney for signatures.

5)  the stip is sent electronically to the State Board of Workers' Compensation in Atlanta via ICMS. 

6)  the State Board approves the stip.  These days, I'm seeing this occur in a day or two.

7)  the employer and/or insurer have 20 days to pay.

8)  if the employer/insurer does not pay within 20 days of the State Board's approval, a penalty of 20% may be added (per O.C.G.A. 34-9-15).  

If you've been injured at work in Georgia and would like some guidance on whether to accept a settlement offer from an insurance company, please contact Michael Moebes, Atlanta workers' compensation lawyer

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November 12, 2009

Can an independent contractor get workers' compensation in Georgia?

Just because your employer has you listed as an independent contractor on paper does not necessarily mean you are an independent contractor under the Georgia Workers' Compensation Act. There are several factors courts will examine to make a determination regarding whether or not the place you work is your employer when you get hurt at work in Georgia and apply for workers' comp benefits.

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Stated simply, it boils down to how much control your employer has over you.

Are you a construction worker? A cable or satellite installer? Temp worker? Feel free to call the Atlanta workers' compensation attorney, Michael Moebes, for assistance and answers to your questions about whether you are an employee or contractor under Georgia workers' compensation law.

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November 2, 2009

How will I live on the reduced income Georgia workers' compensation provides?

Last week, I was asked to speak at an event in Buckhead called "Living on Purpose and with a Vision." My topic was "How to Win with Money." In my Atlanta workers' compensation law practice, I work with clients to resolve their legal issues, of course, but we also work to resolve financial issues that living on a reduced income can bring.

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Below, I will provide the outline for the hour-long speech, as I believe it will provide some helpful points to consider when working to live below (or at least within) your means after an injury at work.  I teach many of these principles in my Atlanta financial coaching practice, too.




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