Does my Employer have workers’ compensation insurance?

Generally, every Georgia Employer with 3 or more employees must carry workers’ compensation insurance.  There are some exceptions for farm laborers, real estate professionals, and such.  Independent contractors are not employees under the workers’ compensation act and therefore, they are not entitled to workers’ compensation benefits. There is a lot of litigation over whether a person is an “employee” or “independent contractor”.  The Court will consider all the facts surrounding the parties’ work relationship and expectations.  Essentially, the analysis will come down to whether the potential employer had “control and dominion” over the worker.  Some factors include: whether the potential employer controlled the worker’s schedule; required the worker to wear a uniform; withheld taxes; and generally supervised the worker’s daily tasks. If the worker is deemed to have been controlled by the potential employer, the worker would be classified as an employee.  Subsequently, if the employee suffers an injury that arose out of and in the course of employment, then the employee would be entitled to workers’ compensation benefits.  These benefits would include medical benefits as well as weekly income payments if the employee was missing work because of her injury. While employers are required to carry workers’ compensation insurance, they sometimes do not. If you have been injured on the job and have questions about whether your employer has workers’ compensation insurance, please contact the Ramos Law Firm for a free consultation.  Our workers’ compensation firm is headquartered in Atlanta, Fulton County, we handle matters throughout...

What is compensation for permanent partial disability (PPD)?

Georgia law defines PPD as a disability partial in character but permanent in quality resulting in a loss or loss of use of body members or from the partial loss of use of the injured employee’s body.  In other words, the PPD rating is a medical assessment of the work injury permanently affecting the injured worker’s range of motion or overall body functioning. Generally, the PPD rating is issued by the authorized treating physician after the injured employee reaches “maximum medical improvement” where the employee is “about as good as he or she is going to get.”  The physician will make the determination of the PPD rating by using the American Medical Associations’ Guide to Impairment.  This rating will be issued in percentage compared to overall functioning. Georgia’s Workers’ Compensation Act provides compensation in relation to the physician’s impairment assessment.  This table is found in O.C.G.A. §34-9-263.  In certain circumstances, doctors may disagree as to the ratings and they can differ.  Also, you may have the option of seeking a second opinion.  If you have any questions about the PPD rating, please contact the Ramos Law Firm at...

Injured in Thomaston, Georgia

Recently, we received a phone call regarding an injured worker in Thomaston, Georgia.  He was treated at Upson Regional Medical Center and then he was left on his own for medical treatment.  The hurt worker injured his back and reported it to his supervisor.  However, nothing was done so he “figured” that he was not entitled to additional medical treatment. Unfortunately, this is a common problem.  The workers’ compensation law provides that this injured Thomaston worker is entitled to medical treatment at the Employer/Insurer’s expense.  Moreover, the hurt employee is not limited only to treatment at Upson Regional Medical Center.  If the treatment for the back injury requires specialized treatment, the Employer/Insurer would be responsible for that treatment as well. In addition, if the employee could not return to work because of his work injury, or even was fired because of his work injury, then the Employer/Insurer would be responsible to pay for the employee’s weekly income benefits.  Unfortunately, these benefits are limited by the “workers’ comp rate” and the injured worker’s “average weekly wage.”  This determination is made on a case by case basis. If you have been injured on the job and you would like a free consultation, please contact the Ramos Law Firm at (404)...

Kids Chance Charity Golf Classic

Kids Chance of Georgia helps support the children of Georgia’s seriously or fatally injured workers. On October 24, Kids Chance of Georgia is hosting a Charity Golf Classic at the Marietta Country Club.  You can register at the Kids Chance website. It should be a fun time and will benefit a worthy...