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In the tragic event that an employee dies in the course of his or her job, the State Board Of Workers' Compensation will ask whether the deceased worker had... Read More
In general, people tend to get nervous when they have to be in a lawyer's office. When they are in a deposition, it can seem a lot worse as everything you say will be recorded by the court reporter. However, it is a common practice when you file a workers' compensation claim or law suit. The key is being familiar with what is going on and being prepared for what the opposing attorney will ask you. It is like preparing for a school test, but much easier as you already know the material and... Read More
As the injured worker is not entitled to a jury trial, she is entitled to an evidentiary hearing before an administrative law judge (ALJ). This hearing is also known as a bench trial or the "employee's day in court".
At the hearing, the judge will generally request information from the parties. During this time, the lawyers will briefly layout their positions before the judge. Once the judge understands the hearing issues, the judge will "go on the... Read More
When an employee is injured on the job, he or she is either rushed to the hospital in severe cases or instructed to treat with "Concentra" or "Urgent Care." These places are industrial clinics that focus in minor occupational accidents. If the injury requires more specialized care, the employee is often referred to an "orthopedic" doctor. The term, 'orthopaedic' literally translates to "straightening a child" as if he or she had a broken... Read More
We've all seen the episode of our favorite law show where the parties are sitting in the courtroom and at the last minute, just before the Judge hands down his ruling, they reach an agreement. This makes for good T.V., but in reality that is not how it will play out in a workers’ compensation case.
Generally, the only chance an injured worker will see a judge is if there is a specific issue or conflict that requires a judge’s ruling since the parties could not... Read More
Generally, a "change in condition for the worse" is defined as a change in the injured employee's wage earning capacity, physical condition, or status after the original "condition" was established under the law. (O.C.G.A. §34-9-104) The original condition is usually the establishment of the worker’s weekly benefits or medical status.
The injured employee has the burden of demonstrating that a change has occurred. To do this, the injured worker... Read More
When an employer reduces the injured employee's hours or pay because of her workers’ compensation accident, the employer may be required to pay a portion of the difference between the average weekly wage before the accident and the average weekly wage after the accident. The difference in these wages would be taken at a 2/3 rate of pay. This is called temporary partial disability. These benefits are calculated on a weekly basis.
In... Read More