Recently in Georgia Workers' Compensation Category

July 23, 2014

Study: Undocumented Workers Face Danger on the Job

A study conducted recently by a team of researchers with Cornell University and Penn State University reveals that undocumented Mexican workers receive no wage premium for working in hazardous conditions, whereas most other groups do.
The study, The Occupational Cost of Being Illegal in the United States: Legal Status, Job Hazards, and Compensating Differentials, published in the journal International Migration Review, indicates these workers receive low or no compensating differential, despite working in fields where the fatality rate, exposure to toxic materials and the risk of falls is high.

Our Atlanta workers' compensation lawyers know that employers of undocumented workers take advantage of the fear that any reporting of work injuries might result in potential deportation.

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July 3, 2014

Louie v. BP Exploration Inc. - Workers' Compensation for Deep Vein Thrombosis in Travelers

It's not uncommon for employers and their insurance firms to deny legitimate Georgia workers' compensation claims by arguing the injuries were not work-related.
In some cases, refuting this is more challenging than in others. Our workers' compensation lawyers in Atlanta are experienced in handling these sort of assertions. We also know that there are some conditions even the worker may not realize immediately as being work-related.

A good example is deep-vein thrombosis, which was the case for the highly-paid worker in Louie v. BP Exploration (Alaska), Inc.. Deep vein thrombosis is a type of blood clot that occurs deep within the veins, usually in the lower legs or thighs. It can restrict flow of the blood and cause swelling and pain. Beyond that, there is a risk the clot could break loose and block blood flow to the heart, lungs or brain.

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June 30, 2014

Medlin v. Weaver Cooke Constr. - Employer Demands Overpayment Credit

Once an injured employee has been awarded workers' compensation, he or she has cleared the biggest hurdle. However, it may not be the only obstacle he or she will face in the bureaucratic benefits process.
This is true even if you are no longer working for the employer from whom you obtained the benefits. In some cases, employers will pursue former workers for overpayment of benefits if they believe the disability did not last as long as the benefits. That could mean you are suddenly facing an unexpected bill for thousands of dollars, and the burden of proof is on you to show you truly were still disabled and lacked the capacity to work.

Our Atlanta work injury lawyers can help.

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June 10, 2014

Brown v. Ajax Paving - Worker Alleges Company Introduced False Medical Testimony

It's not unusual for companies facing a worker compensation claim after a serious on-the-job injury to mount an aggressive defense.
However in one recent case, an injured employee alleged that not only had his company introduced false medical testimony in his case, it had done so in several of his fellow co-workers' cases as well. It was on this basis that, after settling his workers' compensation claim with the firm, he filed a lawsuit alleging the company, the administrators and the "independent" doctor engaged in a kind of fraud under the federal Racketeer Influenced and Corrupt Organizations Act (RICO).

Atlanta workers' compensation lawyers understand the Sixth Circuit Court of Appeals recently affirmed dismissal of the case, Brown v. Ajax Paving Indus., Inc., on the grounds that the plaintiff didn't lose anything as a result of the company's actions. However, this was because he settled and wasn't at risk of losing any of his benefits as a result.

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June 3, 2014

Report: Temp's Work Death Was Preventable, Forewarned

Not only was the death of the 28-year-old Puerto Rican father entirely preventable, but according to a report from the Occupational Safety & Health Administration it was forewarned a year earlier. The company that contracted with a temporary worker agency knew the risk its practices posed, and yet choose to do nothing to make the job safer.
That's according to a joint report from ProPublica and The Boston Globe. ProPublica has been hyper-focused on the issue of temporary worker safety throughout the U.S. in recent months. This incident occurred in Massachusetts in 2011.

Our Atlanta workers' compensation lawyers know this case presents lessons that employers can and should take to heart, or else risk a potential liability.

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May 30, 2014

Court: Post-Retirement Claim Stemming From Prior Work Injury Valid

Most people assume workers' compensation benefits can only be claimed for the time period in which the worker is employed by that company. This is false.
A worker can seek compensation benefits for an earlier work-related injury if the negative effects are ongoing. This is true whether the worker is now employed somewhere else or even if they've retired (so long as the retirement is related to the work injury). And in the recent case of State ex rel. Honda of Am. Mfg., Inc. v. Indus. Comm'n, the Ohio Supreme Court ruled a retired worker does not have to prove he or she suffered economic loss as a result of the ongoing injury in order to collect.

Atlanta workers' compensation lawyers understand this case stemmed from long-term ailments directly related to employment with an auto manufacturer.

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May 20, 2014

Frith v. WSI - Proving Substantial Acceleration of Existing Condition by Work Injury

Generally, workers are not barred from collecting workers' compensation benefits simply because they suffer from a preexisting condition.
Atlanta workers' compensation lawyers do recognize, however, that these claims tend to be more complicated. Benefits are only intended for workers who were hurt on the job, so proving causation is going to be a hurdle in these cases. Defendants may argue that the condition existed prior to the work accident, and therefore shouldn't be compensable. Alternately, they may assert the new injury was more greatly predicated on the old condition, rather than anything that happened at work. This is why you will need an experienced lawyer.

Workers' compensation will sometimes cover preexisting conditions - but only if you can show that substantial acceleration or worsening of that condition was a direct result of a work-related accident or duty. Failure to do so may result in denial of your claim.

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May 3, 2014

Workplace Death Entitles Survivors to Benefits, Possible Third-Party Lawsuit

One of the most dreaded scenarios a family can face is the loss of a loved one in a workplace accident.
The Bureau of Labor Statistics reports that there were nearly 3 million work-related injuries and illnesses in private industry in 2012. Comparatively there were 4,628 workplace deaths that year, with 76 of those reported in Georgia. (These figures are low, as research has shown not all work-related ailments and injuries are properly reported to the government.)

Atlanta workers' compensation lawyers recognize that these are some of the lowest figures since the early 1990s. Still, when each death occurs, loved ones are blind-sided. They may not realize, for example, that no matter how negligent an employer was in causing a worker's death, that company likely cannot be sued by the family.

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April 30, 2014

Unreported Work Injuries in Atlanta a Growing Concern

A few years ago, a report from the Government Accountability Office indicated that both workers and employers don't just occasionally underreport work-related ailments. In fact, underreporting of work-related injuries and illnesses is routine, researchers found. This trend has continued.
Workers' compensation lawyers in Atlanta believe that understanding the reasons why and also the consequences can help improve the overall reporting rate, which will ultimately boost workplace safety.

Reports from the the Occupational Safety and Health Administration have suggested that significant decreases in workplace injuries and fatalities in recent years were attributable to improvements in workplace safety and a decline in manufacturing jobs. However, the GAO pointed to a number of academic studies indicating that the agency failed to include up to two-thirds of all worker injuries and illnesses.

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March 24, 2014

Documentation of Work Injury Imperative for Successful Claim

Employees filing a workers' compensation claim in Atlanta won't get far if there is little or no documentation of the alleged injury or illness. apple3.jpg

If you do not have the necessary medical records, doctor reports, witness testimony and other tangible evidence of your condition and how it occurred, the State Board of Workers' Compensation in Georgia is sure to reject your claim - no matter how seriously you've been hurt.

This was recently the issue in Fonseca v. Corral Ag, Inc., where the Idaho Supreme Court upheld the industrial commission's ruling that although the worker was injured, he hadn't done enough to prove he had suffered a work-related accident.

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February 20, 2014

Georgia's Coming and Going Rule: Employers' Responsibility to Traveling Workers

One of the most common types of work-related accidents occur on the road in the from of traffic crashes. motorcycleboy.jpg

But whether an employer is required to pay Atlanta workers' compensation claims stemming from automobile accidents depends largely on the state's "Coming and Going Rule."

Generally speaking, companies and their insurers are not responsible for paying benefits in cases where an employee was hurt during the daily commute. This is known as the "Coming and Going Rule." This is usually the case even if the employee will be required to use his or her vehicle later in the work day for work purposes.

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February 13, 2014

Unexplained Falls, Worker's Comp Claims & Your Employment

The recent workers' compensation claim case of City of Brighton v. Rodriguez illustrates how unexplained work injuries could still be compensable, so long as the injury arises out of employment. modernglassstairs.jpg

Our Atlanta workers' compensation attorneys know the key point in these situations is that the "arising out of" requirement. This refers to the causal origin of the injury, but it doesn't necessarily mean that the injury was caused by employment. This requirement is met when, by reason of the employment, the worker is present at a location where he is injured either by a third person, an outside force or conditions of the location.

This is an important point because not all compensable work injuries stem from actual work duties.

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February 3, 2014

Handling Bad Faith Workers' Compensation Disputes in Atlanta

In Atlanta workers' compensation claims, it's not uncommon that an employer or an insurance company disputes payment. After all, they want to limit their own liability and costs as much as possible. coins5.jpg

However, once a claim has been deemed valid, the insurance company acts in bad faith if it refuses to pay. Other bad faith actions by insurers in workers' compensation claims include:

  • Disputing or delaying benefits absent a valid reason;

  • Forcing an injured employee to take a low-ball offer;

  • Refusing to pay for necessary medical care or other benefits;

  • Withholding benefits during the appeals process.

These kinds of actions can be devastating for workers because they are already unable to work. They are losing wages. Medical bills are stacking up, and they require continued care. Plus, they have to figure out how to pay the mortgage and make sure there are enough groceries to feed the family.

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January 28, 2014

OSHA Launches New Tool To Protect Hospital Workers

Officials with the Occupational Safety and Health Administration (OSHA) recently announced the addition of a new online resource, Worker Safety in Hospitals, to help to prevent worker injuries, assess workplace safety, implement health and safety management systems and to create better safe-handling programs.
"These new materials can help prevent hospital worker injuries and improve patient safety, while reducing costs," said Dr. David Michaels, assistant secretary of labor for occupational safety and health.

Our workers' compensation lawyers in Georgia know identifying risks before they strike and implementing comprehensive safety interventions are some of the most effective ways to help to protect hospital workers while helping to enhance service to the patients. In American hospitals, officials recorded more than 253,000 work-related injuries and illnesses in 2011. That is a rate of nearly 7 work-related illnesses and injuries for every 100 full-time workers -- almost twice the rate for private industry.

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January 14, 2014

Atlanta Workers' Compensation Claims: Injuries Must Arise From Employment

In order to be successful in the submission of an Atlanta workers' compensation claim, it's critical for the legal team representing you to prove that the injury or illness arose out of the course of your employment. cuidado.jpg

In some cases, this is pretty simple. For example, a full-time construction worker is struck by a falling beam at a work site while he's on the clock.

But other scenarios can be less black-and-white.

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