What happens at a Georgia workers’ compensation hearing?

One of the most common questions asked from claimants as we prepare for trial is what happens at the workers’ compensation hearing.  It is advisable that you call our office prior to proceeding to a hearing. Contact us today at(404) 355-3431. Essentially, the administrative law judge will review the admissible evidence regarding the specific issues in the case.  This includes testimony from the witnesses and parties, as well as documentary evidence.  The hearing will be recorded and an official transcript of the record will be filed with the State Board. It is very rare that the judge will render a decision at the close of the hearing.  Instead, once the evidence has been properly submitted to the judge, he or she will take the matter under advisement and will allow the parties to submit “legal briefs” outlining their respective positions.   These briefs are aimed to advocate the parties’ positions, highlight evidence, and present the binding law governing the case. After the briefs have been reviewed and the transcript has been filed, the judge will issue a written award outlining the specific facts of the case and the explanations of law for supporting a denial or granting of the benefits sought. For more information or for help with your case, call us today at (404) 355-3431 or email...

Can I have a workers’ compensation case and a personal injury case at the same time?

In some cases, an injury may arise out of and in the course of employment but it was caused by a third party’s actions.  In this particular situation, the injured worker will have a workers’ compensation case and potentially a personal injury matter.  In most cases, this scenario presents itself when a delivery person gets hit by a third party while working his regular job.  In this situation , the employer would be responsible for the injured workers’ medical benefits and income benefits if warranted.  Additionally, the injured worker may have a cause of action against the person who caused the car accident.  However, the workers’ compensation carrier may look for reimbursement against any recovery the injured worker may have against the third party.  This is sometimes called subrogation. At the Ramos Law Firm we are well versed in subrogation as well as maneuvering the multi-claim process involving workers’ compensation and a personal injury case.  For more information and your free consultation, please contact the Ramos Law Firm today at (404)...

I was hurt at my company picnic. Do I have a workers’ comp claim?

Under the Georgia Workers’ Compensation Act, accidental injuries occurring while the employee is participating in a company sponsored event is compensable if (1) they occur on the premises as a regular incident of employment; (2) the employer requires participation in the event either expressly or implicitly; or (3) the employer obtains substantial or direct benefits from the event or activity beyond the intangible value of improving company morale. Presumably, the employer may have the regular defenses shielding it from accidents caused by the employee’s intoxication, horseplay, or other willful misconduct. It will be a very fact sensitive analysis that will determine whether the employee can recover benefits. If you’ve been injured and need your case evaluated, please call us now...

Recorded workplace deaths in the U.S. in 2009

According to Census of Fatal Occupational Injuries program, the preliminary total of recorded workplace deaths in the U.S. during 2009 were approximately 4,340.  In 2008, the death totals were 5,214.  The rate of the fatal injuries were approximately 3.3 per 100,000 full time workers.  In 2008, the rate was 3.7. In Georgia, the Employer must pay for the burial expenses not exceeding $7,500.  This amount has not changed since 1999.  If the employee has children, a spouse, or people fully dependent upon the deceased’s wages for support, these dependents may receive workers’ compensation benefits.  If the worker had people partially dependent upon him or her at the time of accident, then those dependents would receive a pro-rated amount of benefits.  If there were no dependents, then the Employer would simply deposit money (usually $10,000) with the State Board of Workers’ Compensation. If you believe you are entitled to benefits due to the tragic loss of an employee in Georgia and you would like to discuss your case with a workers’ compensation attorney, please feel free to contact the Ramos Law Firm at (404)355-3431 for a free...