Georgia Workers' Compensation Lawyer Blog

Macon workers' compensation administrative law judge orders access to Facebook and MySpace pages

2010-02-04T14:25:52Z

If you have a Georgia workers' compensation claim and use social media, such as MySpace, FaceBook, Foursquare, and the like, please be aware that your status updates, pictures, and check-in locations are likely monitored by investigators, adjusters, and defense attorneys. Hopefully, by now, most folks realize their internet exclamations aren't private.

However, even if your updates and posts are set to "friends only," a workers' compensation administrative law judge may issue an Order forcing you to give up your personal computer for inspection by the insurance company. It happened earlier this week in Macon, Georgia.

My Atlanta workers' compensation lawyers' office does not knowingly represent claimants who are malingering or being less than honest about the extent of their injuries, but we still let our clients know that creating a perception that their abilities are greater than they truly are after an accident will come back to "bite" them. So don't do it.

Georgia car crash victims can now get "crash reports" online

2010-01-26T20:06:39Z

Suppose you are a truck driver or delivery person and have a crash while at work and "on the clock." You could probably benefit from having access to your "crash report," right?

Georgia has a new online service, BuyCrash.com, that will allow just that for as little as $5.

Using a number of search options, such as name, date of crash or road of occurrence, motorists can conduct a search for the report and pay $10 for an online copy. A copy also is available via U.S. mail for $5. The new service is offered through a partnership with Open Portal Solutions and Georgia DOT.

For other tools that will help with your workers' compensation claim in Georgia, please feel free to contact the Atlanta workers' compensation attorneys at Moebes Law.

My Georgia workers' compensation doctor sucks. Can I get another opinion?

2010-01-21T18:52:52Z

If you're hurt at work in Georgia, and your employer has a valid panel of physicians, you likely started your medical care with a doctor from that panel. Since these panels are chosen by workers' compensation insurance companies, however, the treating doctors' interests may not align with yours, and you may find that you do not agree with, or even like, your doctor. Do you have options?

Certainly. You're allowed a change in physician from the panel of doctors in Georgia. If you've been on workers' comp disability benefits for several months, you may be able to get an independent medical evaluation (IME) at the workers' comp insurance company's expense. Or, your Atlanta workers' compensation lawyer may set up and finance an IME for you.

Whether the workers' compensation insurance company agrees to a change in physicians with you or not, there are options for making a change (your attorney can file a motion if need be). Certainly, if your doctor is suggesting a treatment you're not comfortable taking, or if your doctor has released you to a job you know you can't perform, please explore some of these options for getting another opinion. My Atlanta workers' comp lawyers are certainly willing to assist if need be.

If I'm attacked at work, can I get workers' compensation in Georgia?

2010-01-07T20:07:34Z

Sadly, acts of violence in the workplace are not uncommon, and depending on the circumstances surrounding the attack, injuries sustained because of a coworker's or customer's violence can be covered under the Georgia Workers' Compensation Act.

One of my clients has attracted some local media attention because of the circumstances that precipitated her injury at work in Atlanta. Here is the first Fox 5 report regarding her story:

Another investigative reporter discussed the case with my office today, because he's seen an increase in attacks against women in the last year. His continuing coverage of this event and this trend will be filmed early next week.

While I don't have any direct knowledge of this trend, a friend of mine created a blog last year that raises awareness regarding violence against women (and sometimes men) by acquaintances, spouses, and partners that I highly recommend visiting and supporting. Its URL is violenceunsilenced.com. I'm not the first person to opine that Maggie may be eligible for sainthood shortly.

If you've been injured at work because of a coworker's or customer's act of violence, please contact the Atlanta workers' compensation attorney, Michael Moebes, for questions about compensability and your rights under the law. As is referenced above, variables such as who the aggressor is, where the attack took place, and whether the attacker and victim had a relationship outside of the work environment can all affect whether the injury arose out of, and in the course of, employment.

My Georgia workers' compensation claim's hearing was postponed. Is that normal?

2009-12-29T17:07:59Z

Unfortunately, the Atlanta State Board of Workers' Compensation has a few Administrative Law Judges and many, many Georgia workers' compensation claims to be heard at each calendar call. In my experience, at least 99% of "first set" hearings are postponed at least 30 days. More often than not, even "second set" hearings are postponed. Why?

When my Atlanta workers' compensation law office files a Request for Hearing, we also send discovery requests to the Employer and Insurer. They have 45 days to respond when these are sent with the hearing request. Once a defense attorney is appointed, he or she will send my office discovery requests as well, and we will have 30 days to respond. If the defense attorney takes my client's deposition, he/she will likely want to request medical records from doctors named in the deposition, and these doctors will have 30 days to respond.

By the time all these Requests for Production of Documents and Interrogatories have been sent, and responses mailed, 2-3 months have passed. Hence, the postponed hearings. In order to try and "fix" this, I work to get my clients' depositions scheduled as quickly as possible with the defense attorney after we file a hearing request. Generally, once a claimant's deposition is taken, the case begins to move toward settlement or trial. Feel free to call Mr. Moebes, the Atlanta workers' compensation attorney, with questions about timing of Georgia workers' compensation claims.

My Atlanta workers' compensation attorney looks a shade over 12. Should I be concerned?

2009-12-17T13:57:45Z

No. More than likely, his youthful appearance is due to his passionate representation of his clients and a strong belief in what he does. Have you ever seen someone who's spent 20 years at a job he didn't like? It shows. Such people have bad posture and frown lines. They also swear a lot.

Another reason your Atlanta workers' compensation lawyer may appear youthful is his service in the U.S. Air Force Reserves. The military requires that its members maintain a high level of physical fitness (yes, even the Air Force, contrary to what those in green or brown may believe). A fit attorney is a seemingly youthful attorney. Augustus Gloop doesn't get "Happy Veterans' Day" emails.

So, if you arrive at your deposition and meet the attorney whom you've previously only known from his witty blog and timely telephone conferences, there's no need for a "How old are you again?" greeting. I'm as old as Mozart was when he died. Doesn't that put things in perspective?

Even pirates recognized the importance of workers' compensation benefits

2009-12-03T16:53:26Z

Per an article in the Victoria Advocate, a new book, "The Invisible Hook: The Hidden Economics of Pirates," portrays pirates as a progressive lot, politically and economically. They embraced democracy, were quite tolerant of racial and sexual differences, and even created an early form of worker's compensation and health care.

If a shipload of rogues can recognize the importance of workers' compensation, isn't it time you called the Atlanta workers' compensation lawyer about your injury at work today?

Of course it is.

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

2009-11-23T14:32:12Z

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.

Can an independent contractor get workers' compensation in Georgia?

2009-11-13T02:27:45Z

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.

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.

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

2009-11-02T17:09:40Z

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.

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.

]]> - time is your best friend (tax-deferred saving)
- the cost of being short-sided: yanking your money early means you lose nearly half
- never borrow from a company-sponsored retirement plan
-- cost of paying back your loan v. gains in the market
-- due when you leave

2. Manage your money (instead of the other way around).
- 7 steps to financial freedom
- basic budgeting: on paper, on purpose
- delaying gratification (saving for big purchases and avoiding credit)
- car payments = the bane of the middle class existence
--tax benefits of buying used in GA
- your home is not your piggy bank

3. Lenders (like wild animals) are not your friend.
- credit cards are guaranteed long term bondage
- high interest that enslaves for years and years
- plastic means we spend more
- get the right kind of mortgage and don't buy 'til you're debt-free

4. Get a will and have some insurance.
- life insurance if you have dependents
- don't let the government distribute your stuff when you die
- you don't need STD (assuming an emergency fund) but do need LTD
- health insurance is critical (new law re: COBRA premiums, HSAs, etc.)
- you don't need redundant insurance (cancer, accidental death and dismemberment, etc.)

Resources:
Online:
fool.com
daveramsey.com
frugaldad.com

Books:
"You Have More Than You Think" - Motley Fool (David and Tom Gardner)
"The Millionaire Next Door" - Dr Thomas Stanley
"Rich Dad, Poor Dad" - Robert Kiyosaki
"The Total Money Makeover" - Dave Ramsey
"Think and Grow Rich" - Napoleon Hill

Documentary film:
"Maxed Out"

How much can I get in pain and suffering from my workers' compensation claim in Georgia?

2009-10-25T23:54:12Z

Unfortunately, if you are hurt at work in Atlanta and file a Georgia workers' compensation claim, you cannot get pain and suffering. Workers' comp in Georgia pays disability benefits to replace your income, medical benefits to give you access to health care, and any permanent impairment rating your treating doctor gives.

Incidentally, there are no punitive damages for workers' compensation claimants in Georgia, either. In order to best maximize the benefits you can get in Georgia, consult an experienced workers' compensation lawyer in Atlanta for assistance, and we'll be glad to give you a free consultation.

What happens when my workers' compensation doctor says I'm at MMI (maximum medical improvement) in Georgia?

2009-10-13T16:51:19Z

Unlike Florida and a few other states, in Georgia, your workers' compensation indemnity benefits will not be cut off when you hit MMI (maximum medical improvement).

Your authorized treating physician (ATP) may issue an impairment rating if you have a percentage of permanent partial disability (called a PPD rating) that will be paid based on the percentage the doctor assigns, the body part(s) affected, and your workers' compensation rate, but your TTD benefits can't be stopped just because you're at MMI.

If your workers' compensation doctor has told you you are at maximum medical improvement, and the workers' comp insurance adjuster has asked you if you're interested in settling your claim, please contact an experienced Atlanta workers' comp attorney to discuss your case's exposure and what to "look for" when settling your claim.

Should I bother filing a workers' compensation claim in Georgia when my employer has no insurance?

2009-10-02T02:09:10Z

Unfortunately, some employers, despite their being required to carry workers' compensation insurance in Georgia when they have more than two employees, do not have workers' comp insurance or have let their policies lapse.

My Atlanta workers' compensation law office has helped several clients this year who have faced this predicament. If you have been hurt at work in Georgia, and your boss or human resources director indicates the company does not have workers' compensation insurance, you should still pursue a workers' comp claim. There will likely be less money to spend on your indemnity and medical benefits, but pursuing the benefits you deserve is still worth the effort, so that you can get better and return to work.

Please feel free to contact my office to speak with a workers' compensation attorney in Atlanta.

If I'm hurt at work in Georgia, when will my medical care run out?

2009-09-14T01:00:17Z

If you are hurt at work in Georgia, workers' compensation will cover medical care related to your injury. Even if you reach maximum medical improvement, continuing therapy, pain management, and other medical care will be provided. Sometimes, an injured worker can have a change in condition for the worse and require additional medical care years after his initial accident at work. While the insurance company may try to argue that an intervening incident caused the change in condition for the worse, medical care should still be provided.

If you hurt yourself at work in the Atlanta area and have had a change in condition for the worse, please call me, the Atlanta workers' compensation attorney. We can examine your medical records and employment records together to see if you are entitled to continuing medical treatment for your injury at work, even if several years have passed.

Is it possible to have a workers' comp claim and a personal injury claim from one accident in Georgia?

2009-09-03T02:37:12Z

Several of the cases my workers' compensation law office in Atlanta is handling involve clients who have had injuries at work caused by another party's negligence. Thus, they have a workers' compensation claim and a personal injury lawsuit stemming from the same injury or injuries.

Injuries stemming from trucking or other motor vehicle accidents often present these issues if the victim drives a truck for a living or is traveling for his employment. "Slip and fall" accidents can also lend themselves to negligence lawsuits on top of a workers' comp claim, assuming the injured party fell while working.

If you've had a workplace injury in metro Atlanta and think there could be a personal injury lawsuit and a workers' comp claim, please contact my office, which handles workplace accidents in Georgia and partners with Atlanta personal injury lawyers.