I developed a sickness from my job. Is this covered by workers' comp?

Potentially. Georgia law provides that an "occupational disease" is compensable so long as certain statutory requirements are satisfied. Specifically, O.C.G.A. § 34-9-280 states that an "occupational disease" means "those diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease." In addition, five requirements must be met: 

1. There must be a direct causal connection between the conditions under which the work is performed and the disease;
2. The disease followed as a natural incident of exposure by reason of the employment;
3. The disease is not of a character to which the employee may have had substantial exposure outside of the employment;
4. The disease is not an ordinary disease of life to which the general public is exposed; and
5. The disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence.

Because of these strict statutory requirements, it can be difficult to prove an occupational disease claim. If you feel that you've developed an illness because of your job, you should contact an attorney right away to discuss your options. Even if you're not in the Athens, Georgia area, feel free to contact us and we will be glad to assist you with your claim.

If I'm receiving unemployment benefits, how will that affect my workers' comp claim?

Any unemployment benefits received while you are entitled to either TTD or TPD benefits will be deducted from your workers' comp benefits (note that a credit cannot be taken by the Employer against any PPD benefits).  In other words, injured workers are not entitled to a "windfall" or a double award of weekly benefits.

For example, if your compensation rate is $400.00 per week, and you are also receiving $300.00 per week in unemployment benefits, you would only be entitled to receive $100.00 per week in workers' comp benefits.

Quick Definitions: Administrative Law Judge

The Administrative Law Judge, or ALJ, is the judge that is assigned to preside over a workers' compensation case through the initial hearing. Prior to the hearing, the ALJ makes decisions on any motions filed by the parties and has the authority to schedule or continue the hearing, among other things. At the hearing, the ALJ hears and receives all evidence from both parties and issues a written decision determining the outcome of the case.

I was working two jobs when I got hurt. Does this affect the amount I receive in weekly benefits?

It depends. Whether a second job affects your compensation rate (how much money you receive in weekly benefits) depends on a couple of things. First, were you employed by the two jobs at the same time? If not, then any wages you earned at the second job will not be taken into account when determining your compensation rate.

However, if you were employed concurrently at the two jobs, such as in the question asked in the topic of this post, the question then becomes whether the two jobs were substantially similar in the eyes of the Administrative Law Judge at the hearing. If the two jobs were so similar in nature with respect to job description, duties, and/or physical requirements, then the wages you earned at the second job will be taken into account when your compensation rate is calculated. If the jobs were different, then your compensation rate is calculated only using the wages you earned at the job where you were injured. This doctrine, known as "concurrent similar employment," is often an issue that is contested by the parties to a workers' compensation claim due to the factually-specific nature of the various job descriptions and duties.

A couple of examples might help clear this up:

1. John is employed during the day on an assembly line at Company A. At night, he works on the assembly line at Company B. If he was injured on the job at Company A and was forced to miss work at both jobs, the wages for both jobs would be used to calculate his weekly benefit.
2. John works on the assembly line at Company A during the day. At night, however, he works in a non-physical supervisory job at Company B. If he was injured at Company A, his wages from Company B would not be used to calculate his weekly benefit. Moreover, he could continue working his job at Company B without it affecting his receipt of weekly benefits from Company A.

As you might imagine, there are many different facts that can potentially affect how your compensation rate is calculated and when it can be altered or suspended. If you were working multiple jobs at the time of a work accident, it would be prudent to contact a workers' compensation attorney to ensure that your weekly benefits are being properly calculated. Even if you're not in the Athens, Georgia area, we will gladly assist you in any way we can with respect to your workers' compensation case.

Quick Definitions: Panel of Physicians

The Panel of Physicians is a list of doctors and care providers which must be maintained and posted by the Employer in the event that a worker gets injured on the job. After an injury, a worker must treat with one of the physicians on the panel. In Georgia, there are three kinds of panels that may be utilized by an Employer: Traditional, Conformed, or MCO. 

For more information on the Panel of Physicians, please look here. 

Did You Know? (Termination From Employment Edition)

Did you know that if your Employer terminates you from your job because of your work injury, you are automatically entitled to the commencement of TTD benefits?

The question of whether the termination was actually due to the work injury is often a blurry one, because Employers will usually not document that the injury was the reason for the termination. Moreover, it is highly unlikely that an Employer will automatically begin paying workers' comp benefits to an employee they just terminated. 

Tip: If you have sustained a work accident and were later fired, it is highly advisable to contact an attorney to advocate for your rights. Even if the termination from employment was a part of a general lay-off (and was not related to the work injury), you may be entitled to receive TTD benefits if you are unable to find new employment because of your physical restrictions.

I injured my back at work and began receiving benefits. The next month, I injured my back again when I was playing basketball at home. Can the Employer suspend my benefits?

This is a very tricky question and there isn't a very clear cut answer. Chances are, you will be able to continue receiving workers' comp benefits for your back. However, the Employer will likely put up a pretty big fight against it.

Georgia law addresses what are commonly referred to as "independent intervening injuries" in O.C.G.A. 34-9-204(a), which states "No compensation shall be payable for the death or disability of an employee if his or her death is caused by or, insofar as his or her disability, may be aggravated, caused, or continued by a subsequent nonwork related injury which breaks the chain of causation between the compensable injury and the employee's disability."

The case law dealing with this issue in Georgia has been somewhat back and forth, but it appears as though the common theme is that Claimants who are actively receiving benefits/ongoing treatment for the initial work injury will be able to continue receiving the benefits, even if they are subsequently injured in a non-work accident (even if the Claimant was being careless or negligent). However, if a Claimant had been deemed to have fully recovered by his ATP and at some later point re-injures the same body part that was initially injured at work, a reinstatement of benefits would be denied.

Tip: It should be noted that the law requires the Employer to prove that the "chain of causation" has been broken, as opposed to simply unilaterally suspending benefits. In other words, in the example question used in the title of this post, the Employer would have to request an official hearing and have a judge rule on the matter before suspending benefits. If your Employer has cut your benefits off based on this contention, you should absolutely contact an attorney to discuss your options.

Again, this is a highly complicated area of workers' compensation law, so it is always best to consult with an attorney to determine how best to proceed. Even if you're not in the Athens, Georgia area, please contact us and we will do everything we can to fight for your rights.