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 was injured at work because of my co-worker's negligence. Can I sue my co-worker or my employer?

In most all situations, the answer to this question is no. Georgia law provides that employers, the employer's alter egos, and an injured worker's coworkers are all immune from tort liability in the event of a workplace injury. This is known as the "Exclusive Remedy" provision of Georgia workers' compensation law. That is, when a worker is injured on the job, his "exclusive remedy" is to pursue a workers' compensation claim. 

It should be noted that nothing in the law precludes an injured worker from pursuing a tort claim against a third party who caused the injury. A common example of this is when a company driver is involved in a car accident that was the fault of the third party. In such a case, the injured worker can receive workers' comp benefits and pursue a personal injury claim against the at-fault driver (so long as this person is not a coworker or otherwise affiliated with the employer).

Did You Know? (Surveillance Edition)

Did you know that the insurance company of your empoyer can hire a surveillance company to follow you around to try to obtain footage of you acting in a way that might undermine your workers' compensation claim? I'm not posting this to scare anybody, but it's an important thing to be aware of if you're involved in workers' compensation litigation. Seems pretty sneaky, but it's legal.

Now, it's one thing if the surveillance company catches you lifting heavy weights for an hour at the gym--but from my experience, surveillance footage is usually from a distance and only captures the target for very brief periods of time. Accordingly, it can be taken completely out of context and not be an accurate depiction of how you really feel at any given moment. This is precisely why you need to make sure that your interests are represented if the employer tries to use surveillance footage against you, whether it's at trial or during settlement negotiations. Having an experienced workers' compensation attorney on your side can make all the difference in these types of situations. If you have any questions about your claim, even if you're not in the Athens, Georgia area, give us a call and we'll do everything we can to help you.

Did You Know? (Lifetime Medical Care Edition)

Did you know that an injured worker is entitled to lifetime medical care as long as it relates to his or her work injury? However, this medical care can't come from just any doctor--it must come from an authorized treating physician.  Moreover, the law states that the medical care must be "reasonably required and appear likely to effect a cure, give relief, or restore the employee to suitable employment."

Tip:  Many times, an employer will try to cut an injured worker off from receiving additional care by arguing that he or she has returned to "pre-injury status"--especially if there was a pre-existing condition similar to the work injury--or that the additional care is no longer reasonable. In these situations, it's important to have an attorney to fight on your behalf to ensure that you receive proper care for your injury.

Did You Know? (TTD Benefits Edition, Part 2)

Did you know that there is a cap on the number of weeks that an injured worker may receive TTD benefits? Georgia law has placed a 400-week limit on these benefits--that's a little over 7.5 years, for those wanting to pull out a calculator--hence the name "Temporary Total Disability."

This cap is removed if an injury is declared "catastrophic," but the vast majority of workers' comp claims don't fall into the catastrophic category.

Did You Know? (Notice of Accident Edition)

Did you know that you could be denied both medical and income benefits if you fail to report your work accident within 30 days of its occurrence? There are situations where a failure to report the injury will not preclude an injured worker from recovering such benefits, but the key thing to remember is that it is very important to report your injury to your employer as soon as possible so as to avoid any future complications from the failure to do so.

Tip:  While the notice doesn't necessarily have to be in writing, and even if your supervisor tells you to work through it, it is typically a good practice to document your complaint for future reference.

Did You Know? (TTD Benefits Edition, Part 1)

Did you know that there is a cap/limit on the amount of TTD benefits you can receive per week? For injuries occurring on or after July 1, 2007, the maximum amount an injured worker can receive is $500.00 per week.  This maximum applies even if you're making Bill Gates' salary. For injuries occurring prior to July 1, 2007, the maximum amount is less than $500.00 and is dependent upon the date of accident (the Georgia legislature changes the maximum amount every several years).

Did you know? (Panel of Physicians Edition)

Did you know that if the "Panel of Physicians" maintained by the Employer is not valid (for example, if it does not contain up-to-date information or if it does not comply with the requirements of the Georgia statute), then an injured worker "may select any physician to render service at the expense of the employer"? (O.C.G.A. ' 34-9-201).

Tip:  If you've been injured at work, always ask to have a copy of the Panel of Physicians that was posted on the date of your accident--it may come in handy if you're not satisfied with the treatment provided by the physician chosen by the Employer.