SERVICES

Lober Dobson & Desai LLC
Attorneys at Law

404-979-1325 | Roswell

478-745-7700 | Macon

Email: info@lddlawyers.com

WORKERS’ COMPENSATION

In Georgia, workers’ compensation claims are handled through the Georgia State Board of Workers’ Compensation. If you have sustained a work injury, you may be entitled to receive workers’ comp benefits through the State Board. Seeking these benefits after an accident or on job injury can be a frustrating experience for many workers as a lot of employers pressure injured workers not to make a claim.

INJURED AT WORK? WE CAN HELP.

Our firm represents employees from virtually from virtually all types of occupations and industries. We represent factory workers, assembly line workers, construction workers, office workers and many others. We will even represent an injured worker against your uninsured employer. In addition to seeking benefits on behalf of injured workers, we handle wrongful death lawsuits that arise from fatal work accidents.

Under Georgia law you should report your injury within 30 days of the accident or injury, and then you need to file your claim with the State Board of Workers’ Compensation within a year of the accident or injury – even if your employer tries to convince you not to. If you are unsure of what to do, seek help from an experienced attorney.

ALREADY RECEIVING BENEFITS?

Wm. Greg Dobson also helps people whose claims have been approved and are now experiencing difficulties involving other matters such as:

  • The insurer may be trying to stop treatment too early.
  • The insurer may not want to pay for certain medical procedures even though the workers’ comp doctor claims it is necessary.
  • You are supposed to be working only light duty with medical restrictions but your employer ignores those restrictions.
  • You are not receiving the correct income and benefits due to the employer’s failure to consider overtime pay calculated based on your average weekly wage.
  • The insurer may not allow the doctors to treat all of your injuries

DID YOU KNOW? WORKERS’ COMP COVERS MORE THAN ACCIDENTS.

Did you already have a bad shoulder, neck, low back or knee prior to even being hired? If you can show that your job duties aggravated a previous physical problem, you could have a valid workers’ comp claim. If your job requires a repetitive motion and you are in too much pain to continue working then you may have a compensable claim.

MEDICAL BENEFITS

Once treatment goes beyond the Emergency stage, you will need to locate the Employer’s Posted Panel of Physicians. This is a list which the Act requires an Employer to post in a conspicuous place. You may choose one of the physicians from the list. Hopefully, your Employer will assist you in contacting the adjuster who will authorize the visit with the doctor you have chosen. DO NOT LET THE EMPLOYER SIMPLY TELL YOU THAT YOU HAVE NO CHOICE AND YOU MUST GO TO ONE PARTICULAR DOCTOR! This is a common misconception. You must choose a doctor from the list and you must get authorization for the first visit. If you disregard this and simply go to a doctor of your choice, the Employer and its Insurer may deny payment for this treatment.

WAGE BENEFITS

If an authorized physician states that you are disabled from working or has given you medical restrictions which result in your Employer not being able to accommodate you with a job, then you are probably entitled to Temporary Total Disability Benefits. If you return to work at a lower pay due to the compensable injury (for Example reduced hours or lower rate of pay at a different job), you are probably entitled to Temporary Partial Disability Benefits.

In Georgia, the maximum rate is 2/3 of your average weekly gross wage up to a certain maximum benefit (at the time of this writing $425.00/week). Don’t get short-changed. There are certain methods defined by the Act to determine the correct Disability pay. Do not simply assume that your Employer’s Insurance Company has the correct information to calculate this rate accurately.

PERMANENT DISABILITY

If your injury does not completely heal and leaves you with permanent impairments, your doctor will be asked to assess you and assign a Permanent Partial Disablity (PPD) rating. Once this rating is assigned, your Employer or its Insurer will be asked to make an appropriate payment.

OTHER ISSUES

The Workers’ Compensation Act contains many provisions which might drastically affect your case. These can be pitfalls if ignored or crucially important to winning your case. Some of these issues are:

  • Determining who are financial dependents in a work-related death claim
  • Whether the injured worker is an Employee or Independent Contractor
  • Whether the injured Employee was intoxicated at the time of the Accident and if such intoxication caused the accident
  • Whether benefits are still available if the Employer fires the Employee
  • If fired, what the Employee needs to do to continue receiving benefits
  • How long do benefits last? Is there an ending date?
  • Whether the accident occurred during lunch break, while traveling, during horseplay
  • What other benefits are available in certain cases, such as retraining, education, etc.
  • Do you qualify for handicapped housing or transportation?
  • How do other benefits such as social security or unemployment affect my payments?
  • What is a “catastrophic” injury and what additional benefits does it provide?
  • Are work-related hernias covered by the Act?

The facts of each case are unique. Each Injured Worker is different. Why not talk with an experienced lawyer, Wm. Greg Dobson, regarding your case?

 

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