workers' compensation

Workers’ Comp Benefits in Georgia

September 9, 2022 | Benjamin S. Persons, IV

Over the last several years, wages have increased some, and medical bills have increased even more. However, workers’ compensation benefits are on the opposite track. Since 2013, wage replacement benefits are down 17%, and medical bill payment benefits are down 20%. Since workers’ compensation is no-fault insurance, insurance company lawyers cannot deny liability. But, they can and do challenge the amount of benefits.

A Marietta personal injury lawyer works hard to ensure job injury victims get the victims they need and deserve. These benefits are available to both trauma injury victims, like falls, and occupational disease victims, like hearing loss. Both kinds of injuries are often difficult to diagnose and treat. Job injury victims in Georgia usually have the right to choose their own physicians. So, these victims get the treatment they need, as opposed to the treatment a company doctor is willing to provide.

Lost Wage Replacement

My Workers’ Compensation Claim Was Denied. What Now?

December 3, 2021 | Benjamin S. Persons, IV

Workers’ compensation claims are denied by insurance companies for various reasons. If your claim is denied, it can be confusing trying to figure out what your next steps should be. The following article will provide information regarding some of the most common reasons why workers’ compensation claims are denied by insurance companies, as well as some steps you could take if your claim is denied.

What are Some Reasons Why Workers’ Compensation Claims are Denied?

Workers compensation claims can be denied for any number of reasons, some of which include:

Common Mistakes Injured Employees Make During the Workers’ Compensation Claim Process

October 29, 2021 | Benjamin S. Persons, IV

If you were recently injured at work, there are certain actions you could take (or not take) that might jeopardize your workers’ compensation claim. The following article will provide some of the most common mistakes injured employees make after experiencing a workplace injury that can be detrimental to a workers’ compensation claim.

Failing to report your injury within a timely manner: In Georgia, you are required to report your work-related injury to your employer within 30 days of the date the injury occurred. If you choose to wait longer than 30 days to report your injury, you may be unable to file a workers’ compensation claim later on.

Failing to seek medical attention: After experiencing a work-related injury or illness, you should seek medical attention as soon as possible. The timing regarding when you choose to seek medical attention can have a significant impact on your claim. Additionally, if you take too long to seek medical attention, your employer may assume that your injuries are not as serious as you claim.

What You Should Know About Georgia Workers’ Compensation

August 13, 2021 | Benjamin S. Persons, IV

If you were recently injured on the job, you may have started the process of filing for workers compensation benefits. The following article will provide some helpful information you should know about workers’ compensation in Georgia.

Important Information Regarding Georgia’s Workers’ Compensation

You have 30 days to report the accident to your employer. Pursuant to O.C.G.A. § 34-9-80, an employee must report an injury-causing work accident to his employer within 30 days after the date the accident occurred.

The Construction Industry is Extremely Hazardous

February 26, 2021 | Benjamin S. Persons, IV

Nobody goes into the construction industry thinking it is going to be a walk in the park. Everybody who ever worked construction knew before their first day on the job that construction work is dirty, difficult, and above all, dangerous. Injuries are commonplace, and fatal injuries on the construction site happen far more often than in any other kind of workplace. Construction work sites are loaded with hazards most employees in other occupations will never see, and many of those hazards are potentially fatal.

No Industry Compares to Construction for Deaths, Injuries

In 2019, federal statistics indicate that on-the-job deaths of construction workers accounted for 20% of all workplace fatalities, a trend that has held for decades even though the construction industry accounts for only 4% of total employment in the United States. In addition to fatalities, more than 70,000 construction injuries are reported each year, with probably that many more going unreported. The injury rate for construction workers was 9.7 per 100,000 employees in 2019, nearly triple the rate of 3.5 per 100,000 employees for all other private sector employment. The non-fatal injury rate for construction workers is 71% higher than any other industry.

Overwork Often Leads to Workplace Injuries

February 19, 2021 | Benjamin S. Persons, IV

The COVID-19 pandemic has created a world of contradictions in the workplace. People in some occupations have found themselves working exclusively from home for nearly the last year. Others have found themselves unemployed, while still others have found themselves working at a frenzied pace. There is increased pressure on the supply chain as well as the means of delivery, meaning that employees at production facilities for food and other essential supplies, distribution warehouses, and retail outlets often have had to increase their work pace and hours to keep up with demand despite many fellow employees being out sick with COVID-19. Further, first responders, emergency workers, and many health care workers also have faced long hours at work as they strive to provide many of the services people rely upon, pandemic or not. These efforts have often been complicated by many coworkers being sidelined by COVID-19, leaving remaining employees to pick up the slack with longer shifts.

Risks of Fatigue for Employee Safety are Well-Documented

For quite some time, federal health officials have known that employee fatigue is a significant threat to workplace safety. When employees have to work long shifts, extra shifts, overtime, and evening or overnight shifts, they become fatigued. Often the extra work hours are at times that disrupt normal sleep patterns, which in addition to extra work hours just contributes to employee fatigue. Even employees working 40 hours are at heightened risk of fatigue when working longer shifts, evening or overnight shifts, rotating shifts, or irregular shifts. These irregular hours can result in physical and mental stress for employees, as does working extra hours. This all can contribute to workplace fatigue, making employees less alert and impairing decision-making, concentration, and memory.

Workers’ Compensation Covers Most Workplace Injuries

January 29, 2021 | Benjamin S. Persons, IV

While some jobs are extremely dangerous, and others are less so, all jobs come with the risk of workplace injuries. Sometimes the injuries arise from the dangerous nature of the job, others come from safety violations, while still others happen on jobs that do not seem particularly dangerous at first glance. Construction workers, commercial fishermen, firefighters – you would expect on-the-job injuries in those and other professions. Office workers and other more seemingly mundane occupations, not so much. But repetitive motion injuries from typing and back injuries from lifting heavy boxes of office supplies are work-related injuries, too. They are covered by workers’ compensation just as much as injuries suffered while performing more inherently dangerous jobs.

Workplace Injuries Come in Many Forms

Many people think of workplace injuries as strictly resulting from actions performed during the course of performing the duties of your job. This is largely true. However, the causes of some workplace injuries could surprise you. Among the leading causes of injuries in the workplace are:

Workplace Accidents Can Result in Devastating Amputations

January 22, 2021 | Benjamin S. Persons, IV

People who work around heavy machinery in certain industries – like printing presses, conveyors, food presses, milling machines, food slicers, meat grinders, and other similar hazardous machines – are at high risk of workplace amputations. Those machines do not present the only workplace risk of amputations, either. Construction work is among the most dangerous jobs in the country, and it, too, carries the risk of on-the-job amputations. Federal government reports have referred to workplace amputations as “widespread.” They can occur not just during machinery operation, but also during set-up, cleaning, lubricating, adjusting, clearing jams, and maintenance.

While not all amputations are created equal – losing a joint on your pinkie finger is an amputation, just as is losing an arm or a leg – all amputations are traumatic injuries. Many amputations are life-altering. The federal government reports about two dozen fatal amputations and thousands of non-fatal workplace amputations every year. Federal statistics cite defective machinery and worker negligence as some of the main causes of workplace amputation injuries. Further, poorly or improperly maintained machinery, or even improperly manufactured machinery, can result in serious injuries to employees, including amputations. Inadequate training or supervision also increase the likelihood of severe accidental injuries. All of these elements – poor maintenance, insufficient training, and improper manufacturing of equipment, can factor into the amount an employee suffering an on-the-job amputation will receive in damages for a workers’ compensation claim.

Workers’ Comp Damages for Workplace Amputations Vary

Injuries Can Happen in Any Workplace

December 25, 2020 | Benjamin S. Persons, IV

While some jobs appear to be extremely hazardous and others appear to be pretty safe, workplace injuries happen all the time, regardless of how dangerous the work “appears” to be. Loggers and professional fishermen work in the most dangerous jobs, but farmers, delivery drivers, garbage collectors, and septic tank workers also hold jobs that rank in the top 20 most dangerous. While those jobs are ranked by frequency of fatalities – virtually all jobs hold the potential for workplace injuries. The vast majority of workplace injuries are not fatal, and while many arise from the inherently dangerous nature of the particular job, others are far more subtle but no less debilitating.

Common Work Injuries Might Not be What You Expect

Workplace injuries happen in many different ways. Some are sudden and violent, as you might expect. Others, though, are caused by factors you might not see coming. Among the leading causes of on-the-job injuries are:

Georgia Supreme Court Overrules 85-Year-Old Workers’ Compensation Precedent

June 26, 2020 | Benjamin S. Persons, IV

Workers’ compensation requires Georgia employers to pay medical and wage replacement benefits to employees injured “in the course of” employment. This includes not only injuries that occur while actively working, but also during times “incidental” to a job, such as entering or exiting the employer’s premises. However, employers are not liable for injuries that occur when an employee is engaged in an “individual pursuit.”

Frett v. State Farm Employee Workers’ Compensation

In 2018, we discussed a decision from the Georgia Court of Appeals, Frett v. State Farm Employee Workers’ Compensation, where an employee was injured during a scheduled lunch break. To briefly recap, the employee was a claims adjuster at State Farm. The employer required her to take an unpaid 45-minute lunch break each day. On the day in question, the employee clocked out for lunch, went to the break room to prepare some food, and slipped and fell as she exited the room.