People who suffer work injuries are protected by Georgia workers’ compensation laws. However, many people don’t fully understand how workers’ compensation can provide them with benefits when they get hurt on the job.

As an employee in Georgia, it is important that you know your rights.

Here are some answers to frequently asked questions for those who want some basic information about their rights after an on-the-job accident.

1. What is Workers’ Compensation?

Workers’ compensation laws in Georgia provide protection to injured workers. Employers are required to buy a workers’ compensation insurance policy as long as they have more than three full-time employees.

This insurance policy covers you if you are hurt at work. The workers’ compensation policy guarantees that your bills and costs will be covered so you can get the medical help you need after a workplace accident and so you can support yourself and your family if your injury makes it impossible for you to work or to return to the job you had before you were injured.

Workers’ compensation provides you with broad but not total protection, covering virtually all work injuries, regardless of whether you or the employer was at fault. However, it is also an exclusive remedy system. This means you generally cannot sue your employer if you get hurt on the job except in very rare cases. You must file a workers’ compensation claim in order to get benefits from your employer.

There are some situations in which a third party – someone other than your employer or co-workers – contributes to an accident, and it may be possible to recover additional compensation in a third-party lawsuit. However, it is still important to file for workers’ compensation benefits after any on-the-job accident.

2. What Types of Injuries are Covered by Georgia Workers’ Compensation?

Any type of injury that you sustain in the workplace or as a direct result of doing your job is covered by workers’ compensation in most situations. This includes injuries that occur away from the place where you normally do your job. For example, if you are required by your boss to attend a retreat for the company and get hurt during the retreat, then your injury may be covered by workers’ comp. If you are sent on a company errand and get hurt in a car accident, then this would also be a work injury covered by workers’ compensation.

A key factor is whether you were required to do what you were doing as a part of your job. An injury at a company party, for example, might not be covered. Injuries sustained while commuting to and from work are also generally not covered by workers’ compensation. However, if you are injured while going to or from an employee parking lot, your injury may be covered.

3. Are Workers’ Comp Benefits Available for Repetitive Stress Injuries?

Repetitive stress injuries resulting from your job could be considered covered workplace injuries. This can include injuries such as carpal tunnel syndrome or damage done to your back or knees as a result of repetitive lifting at work.

You will need to show that the injury was caused by your job duties. For example, if you developed carpal tunnel syndrome, but you frequently knit at home, then your employer might try to argue that the injury was caused by the knitting rather than by your job. This would be a totally bogus denial but trust me, they will use anything to deny your claim. Medical testing will usually be needed to confirm a repetitive motion injury.

4. I Got Sick From Chemicals at Work. Can I Get Workers’ Comp Benefits?

Many people suffer workplace injuries as a result of exposure to toxins or dangerous fumes at work. These toxins may include lead, asbestos, mold, or chemicals. If you become ill as a result of being exposed to a dangerous substance at work, then this could be a covered workplace injury. This is true even if the illness developed many years after you were first exposed to the toxin, as long as you can prove it was connected to your job. You will need expert medical evidence to link your job to the injury. We know the right doctors to properly diagnose and establish a causal link to your dangerous job environment.

5. When Should I Report a Work Injury to My Employer?

You should report your work injury to your employer as soon as you can after the accident. Georgia law requires a 30-day notice to your employer. In order for your medical treatment costs to be covered, you will need to see a doctor authorized by your employer. Furthermore, a delay in reporting your injury could make it more difficult to prove that your injury was related to your job and could result in a denial of your workers’ compensation claim.

If your employer denied your claim because there was no proper notice, please contact us immediately. The “Notice Defense” is generally ignored by the Courts and any amount of notice, including telling your boss that you are “hurting” or bringing in a medical excuse from work, is sufficient notice under Georgia law. Do not let an insurance company deny your cs

You should report every on-the-job injury, even if it seems at first to be relatively minor. This is because an injury that initially seems to be minor could become worse over time. You do not want to do anything to jeopardize your right to make a workers’ compensation claim and get the benefits you deserve.

6. I Think the Accident Was Partially My Fault. Does That Mean I Can’t Get Workers’ Comp?

Workmans’ comp is a no-fault system. Workers’ compensation claims are not based on negligence or fault. You can make a claim and get benefits even if you were at fault or caused your accident. In other words, you can get benefits even if you did something wrong or made a mistake. As long as you did not do something on purpose to hurt yourself and were not intoxicated or impaired by drugs, you will be able to recover benefits through the Georgia workers’ compensation system.

7. How do I Make a Claim for Workers’ Compensation Benefits?

If you get hurt at work, you should report your injury to your employer as soon as you can. Your employer will fill out a report of the injury and provide notification to the insurance company and to the State Board of Workers’ Compensation. You should insist that your employer fill out the report and give you a copy of it.

If your claim is denied, then things could become much more complicated. In these instances or in other special situations where getting benefits is not as straightforward as just telling your employer you got hurt, you should get help from an experienced Atlanta workers’ compensation law firm such as Parsons Law Group We fight every day for the full benefits that every injured worker deserves. If your claim is denied, you need to call us.

8. My Employer Told Me That I Don’t Need to Report My Injury. What Should I Do?

Just your own insurance. Does this sound familiar? Never let your employer tell you not to report a work injury. Sometimes, employers will tell injured workers that they do not need to report an injury because they can just use health insurance to cover it. This is a bad idea because health insurance requires co-pays but workers’ compensation does not. Also, health insurance does not pay disability benefits or provide weekly workers’ compensation pay. You have a right to a weekly check and medical care if you have suffered a job injury and you should not have to rely on your own insurance.

You should not be fired for reporting a work injury and if your employer is trying to tell you not to report it, you should immediately call us because you could lose your right to file a claim if you use your own health insurance to pay for a work injury.

You also need legal help if your employer denies your claim or if your claim does not pay the benefits that you deserve. There is an appeals process for workers’ compensation denials that is designed to make sure that workers are not left without the benefits they need after they get hurt at work.

9. What Types of Benefits are Available Through Workers’ Compensation in Georgia?

Workers’ compensation covers all medical bills related to a work injury. You are also entitled to payment of 2/3 of your actual weekly wage after you have missed seven or more days from work. If your injury results in you being unable to work at all, then weekly benefits must be paid until you recover from your injury or are released to full duty by the doctor. If you are put on light duty or you need to get a different job at lower pay to pay your bills, then you may be entitled to partial disability benefits. Death benefits and certain other types of compensation are also available. You can recover thousands of dollars by obtaining a permanent impairment rating after your injury. We know the right doctors to get the highest impairment rating possible.

You cannot get paid for pain and suffering or emotional distress, both of which are available in a personal injury lawsuit. If a third party was responsible for your work injuries or played a role in causing your work accident, then you might be able to file a lawsuit to get bigger benefits than those available under workers’ compensation.

10. What if I Cannot Go Back to Work After Getting Hurt?

If you cannot go back to work after an on-the-job injury then you can get weekly benefits from the workers’ compensation insurer. They are available on either a temporary or a permanent basis.

Temporary disability benefits are paid out until you have reached your maximum medical improvement or MMI. At this point, if you can go back to work at a lower-paying job or go back to work part-time, then you could receive partial disability benefits to make up for some of the difference in wages. If you cannot go back to work at all, you could receive permanent disability benefits equal to a portion of what you were making prior to the injury.

11. My Employer Wants Me to Return to Work, But I’m Not Ready. What Can I Do?

You cannot be required to return to work until the doctor says you can return to work. If your job is trying to force you back to work before the doctor has cleared you, you should call us immediately. Many times, injured workers are fired for not returning to work even though they are not legally supposed to return to work.

Workers’ compensation claims in Georgia are handled through an administrative system. This means there are special rules for applying for benefits, for appealing denials, and for resolving disputes that arise surrounding benefits. You may have to go to court to get these benefits. We have been to court hundreds of times and are familiar with many of the judges and the workman’s comp system.’

Contact an Atlanta and Savannah Workers’ Compensation Attorney Today

An Atlanta workplace injury lawyer at Parsons Law Group can help you navigate the workers’ comp system every step of the way, from making an initial claim to appealing a denial of benefits, to fighting in court to prove your case, or to fighting an order to return to work too soon.

To learn more about how we can assist you after you have suffered an injury at work, contact us now at 404.524.5626, or fill out our online contact form for a free and confidential claim review. We return calls within 24 hours from our offices in Atlanta and Savannah.

A new Boston University study shows that repetitive motion injuries can be prevented, and save employers thousands of dollars, by changing routines in the workplace.

Shoulder Injuries: The Most Common Repetitive Motion Injury

Of all the repetitive motion injuries linked to lost productivity and worker injuries, shoulder injuries are by far the most common. The study, conducted by the Boston University College of Health and Rehabilitation Sciences: Sargent College, focused on janitors and custodial workers who may be at a much higher risk of repetitive stress injuries because of the tasks involved in their work.

Their duties require them to use the same set of muscles repeatedly and over a long period of time. For instance, frequent lifting, picking, stooping, bending, or twisting the back can result in overuse of the same muscles, leading to muscle wear and tear. Over time, the person may suffer symptoms of musculoskeletal injuries that range from cramping and pain to numbness and a tingling sensation. That makes repetitive stress injuries the second most frequent type of injury among janitors and custodians.

Boston University’s Intervention Program

To reduce expenses from a repetitive stress injury in janitors and custodial workers, Boston University researchers developed a physical therapy intervention program. The team presented findings showing that making simple changes to workplace routines could help reduce the risk of musculoskeletal injuries resulting from repetitive motion.

Significant Cost Savings

At the university, approximately 40 percent of all shoulder injuries reported by custodial workers between 2002 and 2009 were linked to overuse of certain muscles. The researchers began using the Sargent College intervention in 2010 and found that after the intervention was implemented, no custodial workers at Boston University reported shoulder injuries from repetitive motion at all. As a result of the use of the intervention, the university found its annual costs from shoulder injuries dropping by nearly 85 percent.

Collaborative Approach to Prevention

As the Boston University model shows, preventing repetitive stress injuries is not something that can be left entirely to workers. Many workers are aware of the dangers of using the same set of muscles repeatedly over a period of time but find no support in the workplace to prevent these injuries. Collaborative programs between employers and workers and a program that includes occupational health and physical therapy routines should be implemented across industries to reduce the risk of those injuries.

Employer Responsibility

For instance, it is common knowledge that taking frequent rest periods while performing repetitive work can help prevent the overuse of specific sets of muscles and reduce the risk of such injuries. Employers need to take these factors into consideration to reduce the risk of repetitive stress injuries among workers.

Seek Legal Recourse Today

Until more employers take action, however, workers should be aware they can seek relief for damages through a personal injury or workers’ compensation law firm. Contact Parsons Law Group for a consultation today.

Source: Boston University

More and more employers are using freelancers and independent contractors in the 21^st century than ever before. With the technology now available, employers can make use of specialized services from freelancers across the country or across the world. Small businesses also frequently employ independent contractors to keep costs down. What happens though if an independent contractor or a freelancer is injured on the job? Is an employer required to carry workers’ compensation on you if you are a freelancer or an independent contractor? Whether a worker is an employee or an independent contractor is a frequently disputed issue in workers’ compensation cases.

In the United States, each state has its own workers’ compensation system. In all states, however, an employer is responsible for injuries or illnesses suffered by an employee during the course of employment. Typically, an independent contractor is not an employee and, therefore, is not covered under an employer’s workers’ compensation policy. What makes one worker an “employee” and another worker an “independent contractor”?

State workers’ compensation systems have struggled with this question for years with varying results. Misclassification of employees as independent contractors is an increasing problem. When in doubt, employers often classify a worker as an independent contractor or freelancer because there is a significant financial incentive to do so.

Workers’ compensation insurance premiums, for example, are based in part on the number of employees an employer employs. Classifying workers as independent contractors lowers a company’s insurance premiums. Just because an employer pays you with a 1099 and classifies you as an independent contractor does not mean you are an independent contractor for purposes of workers’ compensation coverage.

When the question arises, courts often look to the I.R.S. test, or a variation thereof, for determining a worker’s status. In essence, the I.R.S. test looks at how much control the employer has over the worker by asking questions such as:

• Does the company control or have the right to control what the worker does and how the worker does his or her job?
• Are the business aspects of the worker’s job controlled by the payer? (Including things like how the worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
• Are there written contracts or employee type benefits (i.e., pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

Generally, independent contractors are skilled individuals who work on their own, set their own work hours and provide the tools and supplies needed to do the job. An independent contractor in Georgia is not entitled to benefits unless he or she has purchased their own policy.

Georgia’s worker’s compensation law makes primary contractors responsible for insurance on the subcontractors, if the subcontractors do not carry workers’ compensation insurance.

To clarify the issue and prevent problems down the road, it is best for a worker and employer to execute a written contract that defines the relationship before starting work. In the absence of a written contract that defines the roles, courts often side with a worker who has filed for workers’ compensation benefits if it is unclear whether the worker is an employee or an independent contractor.

If you have suffered a work-related injury or illness in Georgia and your workers’ compensation claim was denied or you are unsure whether you are entitled to workers’ compensation benefits, an experienced Georgia workers’ compensation attorney will explain the workers’ compensation rules as they apply to your situation.

The Occupational Safety and Health Administration issued more citations for fall protection violations than any other type of workplace violation during fiscal year 2013. For the past several years, fall protection has appeared at the top of the list of most frequent violations.

The violation of the fall protection requirements may involve a lack of a safety net, failure to provide workers with fall protection body harnesses and shock-absorbing lanyards, or failure to install guardrails or cover holes through which workers can fall.

Top Fall Prevention Violations

The list of violations was released recently at the 2013 National Safety Council Congress and Expo. The top 10 most frequently cited violations were:

1. Fall protection, 8,241 violations
2. Hazard mitigation, 6,156 violations
3. Scaffolding, 5,423 violations
4. Respiratory protection, 3,879 violations
5. Electrical wiring, 3,452 violations
6. Powered industrial trucks, 3,340 violations.
7. Ladders, 3,311 violations
8. Lockout/tagout, 3,254 violations
9. Electrical general, 2,745 violations
10. Machine guarding, 2,701 violations

These violations are often the cause of workplace injuries that are entirely preventable. For instance, failure to ensure adequate fall protection is one of the most frequent causes of fall accidents in workplaces.

Federal safety officials have sought to reduce falls by focusing on worker training, the use of personal fall restraint systems, and greater oversight of employees.

Employers can reduce the risk to workers by adhering to OSHA guidelines. These include personal fall restraint systems for workers at heights of 6 feet or more.

Falls also can be prevented by reducing clutter and debris, marking spaces that are hazardous, and illuminating workplaces.

Dog bites, slips and falls and motor vehicle accidents were among the most frequent causes of injuries involving workers with the U.S. Postal Service in 2012.

According to data released by the Government Accountability Office, postal workers had an injury and illness rate of 5.44 for every 100 workers in 2012, a decline from the previous year. In 2011, the rate was approximately 5.67 injuries for every 100 workers. However, the rate of injuries among postal workers is much higher than the national average. In 2011, the national average work injury rate was 3.5.

The Government Accountability Office report also finds that workers’ compensation costs for postal workers increased from $2.2 billion in 2009 to $3.7 billion in 2012. In 2012, there were a total of 32,213 reported workplace injuries involving postal workers.

Most injuries involving postal workers came from falls and dog bites. Falls to the ground were the leading injuries that resulted in days away from work. The No. 1 cause of long-term occupational illnesses involving postal workers was repetitive motion.

The risk to mail carriers from dog bites has already been well documented. In fact, the U.S. Postal Service regularly issues warnings to homeowners, requesting them to restrain their pets, especially when the mail is expected. In spite of this, however, postal workers continue to be at high risk for dog bites.

The National Safety Council is marking June as National Safety Month with a special focus on employee and workplace safety.

The organization is using the observance to educate people about how they can reduce the risk of injuries and death on the job. In particular, the observance focuses on prevention of slips, trips and falls, employee wellness, emergency preparedness and ergonomics.

Approximately 20 percent of all nonfatal workplace injuries in the United States are the result of trip and fall accidents. The number has remained fairly consistent, despite progress in reducing other injuries in the workplace. Employers need a risk management program aimed at falls that focuses not just on worker training but also on providing workers with appropriate gear, boots, and effective fall protection systems.

June is also an ideal time to pay attention to employee wellness and help workers become more productive, stay healthy and avoid sick days. In the wake of a number of recent deadly workplace disasters, the National Safety Council is also focusing on emergency preparedness. Employers need to have emergency response plans and conduct drills so that everybody knows their role during an emergency.

Michael Parsons is an Atlanta workers’ compensation lawyer representing injured workers in the metro Atlanta region and helping them recover the workers’ compensation benefits that they have earned.

Source:

• NSC

The Occupational Safety and Health Administration has increased its outreach programs to help reduce worker fatalities. The efforts come after a devastating couple of years of increased worker fatalities and injuries, including mining fatalities and deaths in the offshore drilling industry. However, a recent report by the Government Accountability Office calls on OSHA to improve its audits of state-run safety programs to determine their effectiveness and detect deficiencies.

The GAO said that OSHA’s lack of consistent guidance for the audits may allow deficiencies to go undetected, raising the risk of worker injuries, occupational illnesses and even fatalities.

OSHA has increased efforts to protect workers, especially after several worker deaths were reported in Nevada. However, the GAO found that there is no way to know which strategies are most beneficial to workers.

The GAO also found that OSHA officials tend to review federal enforcement activities much more often than they review state-run activities.

The GAO wants that situation to change. It specifically wants OSHA to modify the ways it measures the success of its outreach and safety programs. It wants OSHA to focus on outcomes of its programs rather than on metrics, like the average number of violations per inspection.

The report also suggests that OSHA standardize the guidance given to states for audit practices and include outcomes in its future assessment strategies.

Michael Parsons is an Atlanta workers’ compensation lawyer, representing injured workers in the metro Atlanta region and helping them recover the workers’ compensation benefits that they deserve.

Workers who are exposed to toxic chemicals in the form of solvents could be at a much higher risk of suffering from kidney problems, reproductive damage, liver damage, respiratory illnesses and damage to the nervous system.

Safety rules must be followed while working with solvents to reduce the risk of injuries from toxic exposure. Employers should make sure that workers are aware of all these precautions. Among them:

• Workers must have access to personal protection equipment to prevent injury from toxic exposure to solvents. It’s also important to make sure workers know how to use the gear and are aware of the risks involved in not using it.
• Employees need to know the correct way of removing the personal protection equipment so that the skin does not accidentally come into contact with the solvent.
• Some workers use solvents to wash their hands. But this is a dangerous practice because the toxins can be absorbed through the skin into the bloodstream. Employers must educate workers against such practices.
• Solvents must be stored carefully and kept far away from food and beverages. This reduces the risk of accidental ingestion.
• Employees must also be trained to wash themselves thoroughly and correctly after they have worked with solvents to reduce the risk of contamination.
• Because solvents can pose a fire hazard, they should be stored and disposed of properly.

Michael Parsons is an Atlanta workers’ compensation lawyer, representing injured workers in the metro Atlanta region and helping them recover the workers’ compensation benefits that they have earned.

The U.S. Bureau of Labor Statistics recently reported that 4,693 workers died on the job in 2011, three more than were killed in 2010. However, the rate of workplace fatalities fell slightly to 3.5 per 100,000 full-time workers.

Most workplace fatalities in 2011 occurred in transportation-related accidents. According to the report:

• Transportation accidents killed 1,957 workers
• Contact with objects and equipment resulted in 710 deaths
• Falls, slips and trips killed 681 workers.
• Exposure to harmful substances resulted in 419 deaths.

On average, 13 workers die on the job across the country each day. Many more are injured in job-related accidents that were entirely preventable.

The report by the Bureau of Labor Statistics has a separate category for contract workers, who may not have the same safety protections as full-time workers. According to the data, 542 contract workers died on the job in 2011, accounting for approximately 12 percent of all worker fatalities that year.

The Occupational Safety and Health Administration has been making efforts to reduce the number of workers killed as a result of accidents and occupational illnesses. It has also been increasing its focus on reducing the risk to workers from violence in the workplace. In 2011, there were 460 fatalities as a result of workplace violence, including homicide.

Michael Parsons is a workers’ compensation lawyer, representing injured workers in the metro Atlanta region and helping them recover the workers’ compensation benefits that they deserve.

Source: BLS