Along with a duty to represent our clients, all of us at Smith, Wallis & Scott, LLC - SWS Accident & Injury Lawyers feel we owe a duty to give back to our community whenever possible. For the 2023-2024 school year we have the pleasure of sponsoring the teachers of the month at each of the Carrollton City Schools. Every month we present the teachers of the month at Carrollton Elementary School, Carrollton Upper Elementary School, Carrollton Middle School, and Carrollton High School with a check to show our gratitude for their hard work educating the children in our community. Afterwards, we take a picture of the winners and place them on a digital billboard to help introduce our community to these wonderful educators. Below are some examples of our billboard designs recognizing the winners.
A special thank you to Superintendent Dr. Mark Albertus and principals Dr. Kylie Carroll (Carrollton Elementary), Tabitha Walker (Carrollton Upper Elementary), Eric Simmons (Carrollton Middle), and Ian Lyle (Carrollton High) for allowing us to support these wonderful educators.
An insurance company’s primary goal is to maximize profits for its shareholders. The main way they do this is by minimizing the amount they pay out in claims. Some workers’ compensation insurance companies use delay tactics to slow down the claims process, hoping claimants will eventually give up or accept lowball settlement offers. Below are some of the more common tactics seen in Georgia workers' compensation claims.
When communication falls by the wayside, it compromises your claim. Some adjusters will refuse to answer emails or phone calls promptly to either slow down the claim process, or because they are over worked. The best way to respond to this type of behavior is to keep detailed records of all communication between yourself and the insurance company. Note the dates and times of your requests for information, and keep all written correspondence as proof of lack of communication.
Insurance companies do not want to pay for ANYTHING. Sometimes an adjuster might delay your claim by disputing your injuries or requiring you to undergo multiple medical examinations by doctors chosen and paid for by the insurance company, claiming that pre-existing conditions are responsible for the injury, or trying to prove any injury was caused by a non-work-related event. If an injured worker provides documentation from a personal doctor, workers’ comp adjusters may try to contact the injured worker’s physician directly with “follow-up questions,” when really they are attempting to discredit the doctor’s findings and downplay the severity of the injury.
Even if the claim is ultimately accepted, the punishment for unreasonably delaying/denying a claim is generally not steep enough to prevent this type of behavior. Yet another reason to hire an experienced Georgia workers' compensation lawyer as quickly as possible following a work accident.
It is rarely in your best interest to provide an insurer with a recorded statement before speaking to or hiring a lawyer. An insurer can use your words against you to limit your benefits, or possibly deny your workers’ compensation claim entirely. Consult an attorney immediately if an insurance company asks you for a recorded statement.
Your employer might tempt you to return to work by offering you a light-duty job. However, accepting this type of offer could be used as evidence against you in your workers’ compensation claim. For instance, an adjuster might argue that since you can return to work in a light-duty capacity, you can’t be too seriously hurt, and your workers’ compensation benefits should be reduced or denied.
Medical providers expect payment for their services. However, some adjusters might delay payment to providers or claim they are waiting on authorization to avoid covering your medical expenses. Some adjusters could even argue that specific medical treatments are unnecessary, meaning workers’ compensation benefits won’t cover them. Delaying payment for medical bills can have multiple negative impacts, including a downgrade of your credit rating.
At SWS Accident & Injury Lawyers we are committed to helping you understand your legal rights and fighting against these common delay strategies. If you are experiencing unnecessary insurance delays after a work-related accident, now is the time to get legal help. Give our lawyers a call today at 770-214-2500 for a free consultation.
Spine injuries are not to be taken lightly; if you have been injured at work, you may need to seek workers' compensation for your back injury. Back injuries involving severe trauma frequently lead to spinal cord damage. Ensuing problems could be life-changing, with victims suffering partial or complete paralysis. Immediate treatment is imperative, so it's essential to understand the condition and recognize symptoms.
What Is the Spinal Cord?
The spinal cord comprises a bundle of nerve fibers enclosed within the spine. This critical group of threads connects most body parts to the brain. Together, the brain and spinal cord form the central nervous system.
Spinal Nerves
Dozens of spinal nerves emerge from the spinal cord, appearing in short branches known as roots. Sensory roots carry information from all over the body to the brain. Motor roots deliver commands from the brain to various body parts, including skeletal muscles.
Common Spinal Cord Injuries
Spinal cord injuries are among the most permanently debilitating of all back problems. These injuries are defined based on where they occur and the severity of the damage. These factors also determine how much patients can control their limbs following injury. A complete injury occurs when the patient loses nearly all feeling and motor function below the site of damage. Those with incomplete injuries retain some motor or sensory function.
If the injury impacts the arms, legs, trunk, and internal organs, it may be referred to as quadriplegia. Paraplegia occurs when the legs, trunk, and internal organs are affected, but not the arms and hands.
Symptoms of Spinal Cord Injuries
Top spinal cord injury symptoms include loss of motor function and feeling in the affected areas. Additionally, spinal cord damage could lead to loss of bladder control, difficulty breathing, exaggerated spasms, lack of coordination, or an intense stinging sensation.
In the aftermath of a spinal cord injury, getting in touch with a trusted workers' compensation attorney is essential. Contact Smith, Wallis & Scott, LLP at your earliest convenience at (770) 214-2500.
The back is a surprisingly complicated structure, making it difficult to ascertain the specific cause and solution to chronic pain. However, as a back pain sufferer, it behooves you to gain a thorough understanding of the damage you may have endured. Read on to learn about the vertebrae, which play a critical role in numerous injuries:
What Are Vertebrae?
Vertebrae consist of a series of nearly three dozen interlocking bones. Together, these make up the spinal column. Each vertebra features a load-bearing body, an arch that protects the spinal cord, and attachment points that ensure flexible movement.
Classifying Vertebrae
Experts classify vertebrae based on their position. For example, the spinal column's upper portion features cervical vertebrae, while thoracic vertebrae offer attachment points for the ribs. In addition, the sacral and caudal vertebrae are fused into the sacrum and tailbone.
Common Vertebral Injuries
Various injuries strike the vertebrae; most are serious enough to cause severe pain. Vertebral compression fractures may occur in response to osteoporosis but can also result from excessive pressure or a hard fall. Severe compression fractures are known as burst fractures; these occur when the bone shatters, with bone fragments possibly piercing the spinal cord.
Although less severe than burst fractures, vertebral dislocation can prove quite painful. A dislocation occurs when one or more vertebrae are displaced, typically in response to a traumatic neck injury. Occasionally, dislocation and fractures occur at the same time, damaging both soft tissue and the spinal cord.
Symptoms of vertebral injuries vary somewhat based on the severity and whether a burst occurs, but sufferers can expect to experience intense pain, which worsens while standing or walking. Many also suffer a reduced range of motion.
If you suspect you've suffered a vertebral injury on the job, contact Smith, Wallis & Scott, LLP at (770) 214-2500 to learn more about your options.
When picturing back injuries, people typically imagine fractures or other acute issues. But, some of the most common—and debilitating—conditions involve chronic connective tissue damage. Keep reading for a brief overview of need-to-know terms and other valuable information about connective tissue-related pain.
Tendons and Ligaments
Tendons and ligaments are fibrous bands of connective tissue that link two or more structures (typically bones or cartilage) together. These tissue bands are often to blame for work-related back pain; employees may twist or pull tendons or ligaments while completing everyday work functions—the result: strains and sprains, which involve muscle cramping and significantly decreased range of motion.
Fascia
Often compared to sweaters due to their densely woven structure, fascia cover bones, muscles, nerves, and internal organs. They also protect the spinal cord.
An oft-forgotten element of spinal injuries, fascia remains poorly understood. Fascia injuries typically follow repeated strain, such as heavy lifting or frequent bending. As a result, patients may experience dull pain or more intense sensations that worsen while completing essential workday tasks. Over time, fascia injuries may lead to trigger points (and further pain) or reduced strength and range of motion.
Synovial Membrane
A protective layer of connective tissue responsible for protecting tendons and joints, the synovial membrane (also known as the synovium) can become inflamed or damaged by traumatic joint injuries. This may lead to pain or swelling. In addition, synovial cysts often result from spinal degeneration. Although uncommon, this condition can cause back pain, leg pain (known as sciatica), and sometimes, muscle weakness or cramping in the legs.
Whether you've suffered a workplace injury to your fascia, tendon, or ligament, seek experienced counsel. Reach out to Smith, Wallis & Scott, LLP at (770) 214-2500 to learn about the next strategic steps in your workers' compensation for your back injury.
A shocking 80 percent of Americans experiences back pain at some point. While many witnesses gradual onset with age, others suffer acute pain due to workplace accidents. Quick recovery hinges on prompt medical attention and proper care at home.
Eager to eradicate back pain? This is not a medical blog. And you should never change your exercise or dietary regimen before speaking with your doctor—but you might find these insights valuable.
Rethinking Bed Rest?
Medical experts once prescribed rest as a cure-all for back problems, but recent research suggests prolonged rest could hurt more than it helps. So today, authorities recommend gently resuming physical activity soon after an accident. A daily stroll can make a difference, as can recovery-oriented yoga classes.
Take Regular Breaks
Instead of committing to long, uninterrupted periods of bed rest, talk to your doctor/therapist about taking regular breaks to avoid overloading your back. Breaks may prove necessary for both physical and sedentary activities. For example, instead of sitting at your desk all afternoon, stand up and move around at least once every half hour.
Be Diligent About Physical Therapy
Occasionally visiting your physical therapist is not good enough; honor all appointments and complete any recommended exercises. Be honest with your physical therapist about your routine and current pain. Avoid underplaying or exaggerating what's happening to you.
Don't Expect an Immediate Recovery
Moderate your expectations. Anticipate weeks, possibly even months, of difficulty following your back injury. Stay calm if your back heals more slowly than you initially hoped. You could suffer even worse injuries if you push recovery and try to return to your routine before you're ready.
Let Smith, Wallis, and Scott handle the legal aspects of your workers' compensation for your back injury. Then, call us at (770) 214-2500 to schedule a free, confidential case evaluation.
After a work injury in Georgia, it is normal to have questions and concerns. Below are answers to some of the more frequently asked questions our clients have about workers' compensation following a work accident in Georgia.
Workers’ compensation is an accident insurance program paid by your employer which may provide you with medical, rehabilitation and income benefits if you are injured on the job. It also provides benefits to your dependents if you die as a result of a job-related injury.
Georgia's workers' compensation act is a section of laws contained within the Official Code of Georgia. The workers compensation act is found under Title 34, Section 9 and currently contains 432 sub-sections.
No. Only employers who have 3 or more employees are required to obtain workers' compensation insurance.
No. Railroad workers, domestic servants, and farm laborers are specifically excluded from the protections afforded under Georgia's workers' compensation act. Additionally, independent contractors are not covered unless it can be shown that the employer exercised a sufficient right of control over the independent contractor at the time of a work accident.
Possibly. Georgia residents who are injured while on the job in another state are subject to Georgia's workers compensation as as long as their employment meets certain requirements. These requirement include: the employee was hired while living in Georgia, the employer’s place of business or the residence of the employee is in the state of Georgia, and the job you were hired for was not exclusively for work outside of the state of Georgia.
You are covered from the first minute you start work for an employer.
All Georgia employers are required to post information identifying medical providers you can choose to see following a work injury. This includes:
You are entitled to medical treatment for your injury immediately. You are entitled to weekly income benefits if you are unable to work for more than 7 days. Your first check should be mailed to you within 21 days after the first day you missed work.
If you are injured at work in Georgia, you are entitled to receive medical and income benefits for up to 400 weeks (a little more than 7 1/2 years). If your injury is deemed "catastrophic" in nature, you may be entitled to lifetime benefits.
You are entitled to receive two-thirds (2/3 or 66%) of your average weekly wage, with a maximum benefit amount currently being $800.00 per week.
You will receive what are called permanent partial disability ("PPD") benefits based upon an amount set by law. For example, if you lost an arm or leg, you will receive benefits of 225 weeks.
You are eligible to receive a reduced benefit called temporary partial disability. The amount you receive is based upon your earnings prior to your injury, and can be received for a maximum of 350 weeks following your injury. The maximum temporary partial disability benefit is currently $533.00 per week .
While tough to think about, it is possible that a work accident can cost you your life. In these terrible instances, your dependents will receive two-thirds of your average weekly wage or a maximum of $800.00 per week for death. Your dependents include your surviving spouse/partner, children/step-children, any other family member who can prove you supported them financially at the time of their fatal work accident. A widowed spouse/partner, with no children, is limited to a total amount of $320,000.00 unless he or she remarries or cohabitates in a meretricious relationship. Children are allowed to receive benefits until they turn 18 years old, unless they can show they are attending college, which allows them to receive benefits until the age of 22.
If you have been injured at work give our lawyers a call today at 770-214-2500 for a free consultation.
In the aftermath of a workplace injury, it's crucial to address both immediate and lasting concerns. In the short term, securing medical care, reimbursement for transportation to medical appointments, and weekly wage benefits are paramount. As a representative for recently injured clients, I dedicate a significant amount of time to these pressing matters.
However, it's equally important to consider the long-term implications of the workplace injury. Questions about the ability to return to work and the potential work restrictions become central to discussions about settlement.
It may not be common knowledge, but employers and their insurance companies are not obligated to present a settlement offer. Unlike a negligence case where a jury might award a lump sum, the Georgia State Board of Workers’ Compensation lacks the authority to mandate such settlements. The resolution of your case through a lump sum settlement is contingent upon mutual agreement between you and the insurance company to close out the claim.
Recognize that time can become a critical factor in your workers' compensation case. According to Georgia law, your eligibility for temporary total disability benefits is limited to 400 weeks (approximately 7.5 years). Additionally, once a treating doctor assigns a "PPD" (permanent partial disability) rating, the insurance company can determine your PPD payment by multiplying your weekly benefit amount by the PPD percentage.
For instance, if you've been receiving TTD benefits for an extended period, say 390 weeks (though unlikely), and you have a 10% PPD rating, your case becomes relatively predictable with limited settlement value.
When an insurance adjuster assesses your case, their central queries revolve around minimizing costs and pondering the worst-case scenario in terms of financial implications.
Regardless of your long-standing dedication to your company, having been a loyal employee for two decades and a repeat recipient of "employee of the month" awards, these accolades lose significance once you file a workers' compensation case. In the eyes of the employer and their insurance company, you transform from a valued contributor to an expense that needs elimination.
This explains why, as part of a settlement package, your employer and their insurer might insist on your resignation – viewing you as damaged goods they wish to move beyond.
From our standpoint, it's essential to present compelling evidence and arguments to convince the insurance company that allowing your case to remain active could potentially incur significant costs for them in the ensuing months and years.
Over the past 30 years of representing injured workers, we've learned that approaching the insurance company either too early or too late can result in unreasonably low settlement offers.
In our experience, the optimal time to pursue a settlement is when numerous uncertainties still surround your case. These uncertainties may include:
While these represent just a handful of potential unknowns, the insurance company perceives them all as potential costs. Simultaneously, they understand that delaying the settlement process can lead to a decrease in the overall value of your case.
You have the opportunity to exchange the uncertainties listed above for a more substantial lump sum settlement, provided you are open to embracing the inherent risks associated with the unknown factors. By consenting to a specific settlement amount, you are relinquishing certain entitlements, such as the right to receive future weekly wage benefits and company-paid medical care.
While we can assist you in understanding these risks, and provide insights into the optimal timing for settlement, the ultimate decision to settle rests with you.
If you are a loved one has been injured at work give our lawyers a call today at 770-214-2500 for a free consultation
We receive calls all of the time asking about Georgia workers' compensation settlements. Some of the more frequently asked questions include:
To gain a better understanding of settlements, it's essential to remember one thing: you are not obligated to settle your case, and likewise, the insurance company is not required to settle either. As such, not even a judge can force you to settle your case.
While settlement is not mandatory for either party, many workers' compensation cases do eventually reach a resolution. However, predicting a specific timeframe for a settlement remains uncertain.
Despite the absence of a fixed timeline for settlements, there are instances where it might be advantageous to contemplate settling your case.
The response to this question is maybe. Certain cases can be resolved within a few months, while others may extend over several years before reaching a settlement
You have the flexibility to settle your case at any time by reaching an agreement with the insurance company regarding the settlement amount and its terms. Technically, you could settle your case as soon as a week after your injury.
However, settling your case too early is generally not advisable. Doing so might lead to unfavorable outcomes in the long term. Many individuals make the mistake of settling prematurely, especially when they haven't received all the necessary medical treatment. Settling before a comprehensive diagnosis by the doctor occurs can result in uncertainty about the appropriate settlement amount, as the full extent of the injury may not be accurately known at that early stage.
Numerous severe injuries can hinder individuals from resuming physical jobs, potentially making a return to work with the same employer unfeasible.
In such circumstances, there's a hope that you might eventually find employment in a different capacity. However, re-entering the workforce after an extended absence poses challenges for many. A prolonged gap in your work history may raise questions among potential future employers.
If the time between your injury and settlement results in a significant hiatus in your employment, particularly if your current employer terminates your contract, it could be advantageous to consider settling sooner rather than later. This choice may help mitigate the potential negative impact of an extended work gap on your employability.
Determining the optimal time to settle a workers' compensation case lacks a straightforward answer. Several crucial factors should be taken into account when making this decision.
A pivotal factor to consider is reaching maximum medical improvement, a term used by doctors to signify that your injury has essentially reached its peak recovery point. At this stage, you gain valuable insights into the future impact of your injury, allowing for a more accurate assessment of necessary future medical treatments.
As you approach maximum medical improvement, you can better gauge your ability to return to work, as well as the type of work you can handle. This period becomes opportune for contemplating a settlement since you have a clearer understanding of your future medical needs and work capabilities.
It's important to note, however, that a doctor's declaration of reaching maximum medical improvement doesn't guarantee absolute accuracy. Doctors may not always be infallible in their assessments. Therefore, the decision to settle should align with your personal assessment of being at maximum medical improvement and not requiring further medical treatment.
If you have been injured at work, give us a call today for a free consultation 770-214-2500.
What happens if I miss time from work due to a work related injury in Georgia? If you are injured due to a work accident, and are forced to miss time from your job, you are entitled to be paid income replacement benefits. The types of income replacement benefits available include temporary total disability benefits ("TTD"), temporary partial disability benefits ("TPD"), and permanent partial disability benefits ("PPD").
Temporary total disability, also known as TTD benefits, are available if an injured worker is unable to work at all. Additionally, TTD benefits may be available if an injured Georgia worker is given work restrictions by their treating physician, and the employer is unable to accommodate the work restrictions. For example, if a physician places an injured worker on restrictions of lifting no more than 10 pounds, but the employer does not have a job available that can be performed without lifting more than 10 pounds, the injured worker would be entitled to receive TTD benefits.
Temporary partial disability benefits, also knows as TPD benefits, are available if an injured worker earns less money as a result of a work accident. For example, say an injured worker normally works 50 hours per week, which results in 10 hours of overtime. Following a work accident, the injured worker is only able to work 30 hours per week (because they are only physically able to perform 30 hours of work per week, or because their employer only schedules them to work for 30 hours per week.) In this case, the injured worker is entitled to receive TPD benefits that make up two-thirds of the difference in their pre-injury and post-injury earnings.
Permanent partial disability benefits, also known as PPD benefits, are available to an injured worker to compensate for permanent loss of an injured body part. In the event a physician says there is no additional medical treatment available that can improve an injured workers condition, and the injured worker continues to be limited physically due to the work injury, the treating physician will give the injured worker an impairment rating. The rating, usually given in a percentage of a body part (i.e. 5% to the arm, or 7% to the lower extremity), is then converted to a number of weeks based on a chart found in O.C.G.A. §34-9-263. For example, say an injured worker is given a 5% PPD rating to their arm. Looking at the chart below we see an arm is eligible for a maximum of 225 weeks of benefits. 5% of 225 = 11.25. So in this scenario, an injured worker would be entitled to PPD benefits in the amount of 11.25 weeks worth of income benefits.
| Body part injured | Maximum weeks allowed for PPD Benefits |
| Thumb | 60 |
| 1st (index) finger | 40 |
| 2nd (middle) finger | 35 |
| 3rd (ring) finger | 30 |
| 4th (little) finger | 25 |
| Arm | 225 |
| Foot | 135 |
| Leg | 225 |
| Eye | 150 |
| Great (big) toe 30 | 30 |
| Other toes | 20 |
| Hand | 160 |
| Disfigurement | None |
| Disability/whole body | 300 |
| Loss of hearing (one ear)/total industrial | 75 |
| Loss of hearing (both ears)/total industrial | 150 |
Georgia law requires an employer/insurer send weekly checks to an injured worker who is unable to work, or who now earns less, due to their work injury. If the payment is late, it is possible that the employer/insurer also owe an additional 15% late payment penalty.
An injured Georgia worker is entitled to receive 2/3 of their average pre-injury wage. In order to calculate the injured workers average pre-injury weekly wage, Georgia law requires the use of injured workers earnings for the 13 weeks preceding the injury. Included in these earnings are overtime, commission, and other monetary benefits provided by an employer. As of July 1, 2023, the maximum weekly TTD is $800, while the maximum weekly TPD benefit is $533, and maximum PPD benefit is $800 per week. The maximum cap on weekly benefits has changed over time. The chart below demonstrates the applicable weekly benefit cap based on the date of the injury.
| Date of Injury | Maximum TTD weekly payment | Maximum TPD weekly payment | Maximum PPD weekly payment |
| July 1, 2023 - present | $800 | $533 | $800 |
| July 1, 2022 – June 30, 2023 | $725 | $483 | $725 |
| July 1, 2019 – June 30, 2022 | $675 | $450 | $675 |
| July 1, 2016 – June 30, 2019 | $575 | $383 | $575 |
| July 1, 2015 – June 30, 2016 | $550 | $367 | $550 |
For example, a worker who earns $900 per week is entitled to receive TTD benefits in the amount of $600 per week until they are able to physically return to work. This is because $600 is 2/3 of their pre-injury average weekly wage.
Another example would be an injured worker who earns $1,500 per week. Although 2/3 of their average weekly wage is $1,000, Georgia law caps the weekly benefit at $800. So in this scenario, the injured worker would only be entitled to receive $800 per week in TTD benefits.
An injured Georgia worker can receive TTD benefits for a maximum of 400 weeks following their work injury. The maximum time period to receive TPD benefits is 350 weeks from the date of the injury.
Georgia's workers' compensation law is very specialized and nuanced. It is extremely important have an experienced Georgia workers' compensation lawyer to help maximize the value of your case and ensure you receive all the benefits you are entitled. Give our battle tested lawyers a call today for a free consultation 770-214-2500.
Workplace injuries in Georgia can be devastating and financially costly for employees and employers alike. Even a minor injury that forces an employee to miss work, or limits their ability to perform their normal job duties, can have negative consequences for both employees and businesses. Here a some of the most common work injuries we see through Georgia.
Injuries related to slips and falls are among the most common workplace injuries, accounting for approximately 33 percent of all worker injuries. Falls at work can result from a number of factors, including wet or slippery floors, poor lighting, uneven surfaces, hidden or misplaced cords and other obstacles.
These injuries can vary in their severity but may result in:
Workers across many industries are at risk of being hit by equipment or falling objects, but these injuries occur most frequently at construction sites, factories, and warehouses. These accidents can result in serious injuries that often lead to lengthy recovery periods and significant medical treatment, including surgery and rehabilitation. These injuries can also lead to 3rd party claims against individuals or companies responsible.
Repetitive motion injuries, also know as cumulative trauma, injuries are a common occupational hazard in all industries. In particular, manufacturing and assembly line workers, as well as office workers who use a computer are at an increased risk of developing repetitive motion injuries as a result of their job duties.
Repetitive motion injuries can include conditions such as carpal tunnel syndrome and tendonitis. While these conditions can often be treated conservatively, which means without surgery, theycan be extremely painful and cause decreased mobilization over time.
Lifting injuries can occur anytime someone picks up, carries, or handles a heavy or oversized objects. Lifting is a common activity in almost every industry, and it presents a risk of injury when done improperly or without proper safety equipment.
While these injuries are rarely fatal, they can result in long-term back, shoulder, knee, and hip injuries that make it difficult to carry out normal work duties. When lifting objects of significant size or weight, is is extremely important to observe the proper technique and use any safety devices provided by an employer.
Many industries involve transportation, including taxi services, mail and delivery services, schools and construction. Now that home-delivery services are becoming increasingly popular, more drivers are on the roads than ever before, making accidents inevitable.
These accidents can result in severe injuries that can lead to temporary or permanent disabilities which require extensive medical care. This is particularly true if the accident involves large trucks or buses.
If you have been injured at work give us a call at (770) 214-2500 for a free consultation.
There are many types of Georgia workers' compensation injuries. These can range from the typical back strain from lifting a heavy object, all the way to catastrophic injuries which prevent an injured worker from ever working again in the future. Today's post will discuss common work related injuries and how they are handled in Georgia's workers' compensation system.
Workers' compensation is a no fault system, so in general, as long as a worker is injured while performing their job the injury is covered.
A cumulative trauma injury is an injury that is not the result of a single accident, but occurs over time. A common type of cumulative trauma injury is carpal tunnel syndrome. Carpal tunnel syndrome generally occurs as a result of repetitive gripping, grasping, and use of your hands. A worker suffering from this type of injury generally does not notice any pain at first, but as they continue to to perform repetitive motions with certain body parts they begin to experience pain or numbness. These injuries can often be treated with rest or modified/light work activity, but may end up requiring surgical intervention. It is important that you report any type of pain or discomfort caused by any repetitive work, as a paper trail can assist in having your cumulative workers' compensation claim approved.
In Georgia, a catastrophic workers' compensation injury typically refers to a severe and life-altering injury. These injuries usually prevent an individual from ever being able to work again in the future. In Georgia, some injuries are automatically considered catastrophic. These include:
Additionally, any injury which would prevent someone from performing their past job, or any other job available in decent numbers, can be deemed "catastrophic." In addition to rehabilitation benefits not normally offered to an injured worker, individuals suffering a catastrophic injury are eligible to receive replacement income and medical benefits for the rest of their life. In contrast to the typical workers' compensation injury which has a 400 week limit on replacement income and medical benefits.
An occupational disease in Georgia, refers to a medical condition or illness that arises as a direct result of an employee's work or exposures in the workplace. These diseases are typically caused by prolonged or repeated exposure to hazardous conditions, substances, that are specific to the employee's job. For example, a fireman who develops asthma due to repeated smoke exposure. Occupational diseases may not manifest immediately but can develop over time due to cumulative exposure.
Common examples of occupational diseases in various industries include:
In Georgia's, for a disease to fall under the workers' compensation act, it generally needs to meet certain criteria, which may include:
As previously mentioned, Georgia's workers compensation law is considered a "no-fault" system. As long as the injury occurs while performing your job, then it is covered. This includes reinjuring or aggravating a pre-existing injury or condition. For example, say a worker injured their back 5 years ago and underwent surgery to repair the injury. After a course of rehab, the individual returns to work performing a lighter duty job for the next 5 years. Unfortunately, the worker injures their back again lifting a pallet at work. Under Georgia law, the employer/insurer is responsible for providing medical treatment that returns the injured worker back to the condition they were in before the latest back injury. In this case, the employer/insurer is responsible for providing medical treatment to the injured worker until the worker is capable of performing the light duty work which cause their latest back injury.
While most injuries that occur while working in Georgia are covered by workers' compensation, there are a few specific injuries which are barred. These include:
If you or a loved one has suffered a work injury in Georgia, give our lawyers a call at (770) 214-2500 for a free consultation.
You may already be familiar with how a law is passed in Georgia. First, a bill is passed by both parts of the state legislature (House of Representatives and Senate). The bill is then sent to the governor to sign. If the governor signs the bill, it becomes law. This is same method established by the Georgia Constitution in 1789 (with minor changes made since that time). It is a tried and true method, but have you ever wondered how a bill makes it to the legislature to begin with? Below is a description about how changes to the law involving Georgia's Workers' Compensation Act occur and the people responsible for submitting those changes.
In 1992, the Georgia General Assembly endured a particularly divisive legislative session when multiple issues emerged in competing bills filed on behalf of stakeholders with opposing interests in the Georgia workers' compensation system. Governor Zell Miller responded by calling then State Board of Workers' Compensation (SBWC) Chairman Hal Dawkins to ask if there could be a better way to evaluate proposed legislation on workers' compensation. This incident gave birth to the current Chairman's Advisory Council, replacing the prior 10-member statutory Governor's Workers' Compensation Advisory Council. The newly formed Advisory Council, with a membership that today includes 91 people, is organized around six committees which focus on specific areas of Georgia's approximately $2 billion workers' compensation industry and its administration. Members of the Advisory Council are well versed in one or more aspects of workers' compensation and bring their individual expertise to the table to discuss and vet workers' compensation legislation, rules, medical treatment/expenses, and all other issues that impact injured workers, employers, insurance companies, and claims/benefit levels.
The six committees and their mission statements are:
To propose and advance legislative enhancements to the Georgia workers' compensation system, to oppose unwise legislative initiatives adversely affecting the Georgia workers' compensation system, and to assist the Georgia Legislature and SBWC in otherwise reviewing, considering, and taking appropriate action on legislative proposals. The Legislative Committee keeps the House and Senate Committee of jurisdiction apprised of the work of the Advisory Council.
To improve and enhance the Georgia workers' compensation system by continually reviewing and recommending necessary changes to the Rules and Forms of the SBWC and by facilitating the Alternative Dispute Resolution process to assist in the more efficient and effective administration of the Workers' Compensation Act. The Rules & Mediation Committee also keeps the House and Senate committees of jurisdiction apprised of the work of the Advisory Council.
To advise the SBWC on the best ways to establish and maintain a system that provides excellent, timely and cost-effective care for the injured workers in Georgia, while also balancing the needs of the employers, employees, and providers.
To be an advocate and consultative resource for the licensure and self-insured employer programs and the SBWC. To work in collaboration with the SBWC to advocate for the accountability, efficiency and security of the licensure and self-insured employers in Georgia. To propose changes and recommendations in the processes, procedures, rules, statutes, and licensure matters to provide for a more efficient workers' compensation system for medical providers, insurers, and employers in the State of Georgia.
To provide advice to the SBWC regarding statutory & regulatory initiatives that support and encourage the appropriate utilization of rehabilitation and managed care to provide the most effective medical care and path to return to work for Georgia's injured workers. One of our own lawyers, Joseph Brown, has proudly served on this committee for the past 5 years.
To provide positive and proactive education to the participants in the Georgia workers' compensation system through all available forms of communication and to prepare regional educational seminars on an annual basis.
If you have been injured at work, give our lawyers a call today at 770-214-2500 for a free consultation.
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