Do I have a good workers’ compensation case?

A workers’ compensation accident is simply an accident resulting in a physical injury arising out of and in the course of employment.  Therefore, the first question is whether the injured worker was indeed an employee.  Some workers are independent contractors or owner-operators who are not covered by the workers’ compensation law.  The next question is whether the Employer had enough employees to require workers’ compensation insurance.  The law requires the Employer to have 3 or more employees.  Presuming the injured worker is an “employee”, and the Employer has 3 or more employees, then the occupational accident and injury will likely be covered under workers’ compensation. The next consideration is how “bad” or how “severe” the injury is.  Herniated discs requiring surgery; amputation of limbs, nerve damage, or closed head injuries are obviously severe injuries.  However, carpal tunnel syndrome or repetitive injury claims can be just very debilitating and may cause the employee pain from working.  Additionally, the employee’s injury results in physical limitations or “light duty” work status where the Employer cannot accommodate the work restrictions, then the Employee may be entitled to income benefits. Before discussing income benefits, it is important to note that the injured employee is entitled to medical benefits furnished by the Employer.  These medical benefits include x-rays, MRI’s, medical visits, specialized treatment, hospital visits, prescription medication, and mileage reimbursement. With regard to income benefits, the injured worker may be entitled to 2/3 of his or her average weekly wage up to $500 per week. In my experience, there is no “good” workers’ compensation case as no one desires to be injured.  However, if honest...

I was injured at Alorica / Ryla in Kennessaw. What Should I do?

Recently, my firm handled a call from an employee who claimed to be hurt at work while working for Ryla or Alorica in Kennessaw, Georgia.  This injured worker alleged that she slipped and fell at work.  She did not have immediate pain, but after her shift her back stiffened up and she experienced a lot of pain that evening. These situations are not uncommon.  In many situations, the adrenaline (and sometimes the embarrassment) of the fall will mask the pain for a few hours.  However, I advised that the injured employee should immediately report the accident and injury to her immediate supervisor.  Many times, the supervisor will make an “incident report” documenting the accident.  It is important to tell the supervisor the details of the injury.   Also, I recommend that the injured Ryla / Alorica employee receive a copy of the report. If the injured employee needs medical care, she should ask the supervisor to send her to the doctors’ office.  Generally, the supervisor will have a pre-approved list of physicians or clinics for the Ryla / Alorica employee.  Delaying treatment may delay recovery time; therefore, it is important that the injured worker obtain adequate medical treatment as soon possible.  If there is no list of physicians, the injured worker should still seek medical treatment. If the Ryla / Alorica employee is missing time from work because of the fall in Kennessaw, then Ryla / Alorica may be responsible for paying the injured employee weekly income benefits equal to 2/3 of her average weekly wage  (up to $500 per week). If you have been injured at Ryla or Alorica...