Practice Areas
Blog 
Workers' Compensation
- Injured Workers Suffer After Insurance Bankruptcy
- East Atlanta Liquor Store Clerk Killed
- How can an attorney help your Workers' Compensation case?
- Security Guard Killed In Atlanta
- Can workers’ comp claimants in Georgia change doctors?
News
- Atlanta’s Workers’ Compensation gets national attention...
Posted on 9/24/2009 - Four Atlanta workers hurt when gas line explodes...
Posted on 8/31/2009 - Number of on-the-job deaths among Hispanic workers steadily increasing...
Posted on 7/27/2009 - Atlanta firm implicated in second construction accident...
Posted on 7/26/2009 - When will fines be paid for deadly walkway collapse that killed worker?...
Posted on 7/26/2009
Library
Workers' Compensation
Workers' Compensation
Injured Workers Suffer After Insurance Bankruptcy
After SEUS, a company providing workers compensation insurance, declared bankruptcy last fall, many Georgian injured workers were left without payments for their medical treatment and lost wages. State legislator Carl Rogers has introduced a bill that would force insurance companies to pick up the tab for these workers left with nothing. The bill faces fierce opposition from insurance companies who argue the bill is too expensive to enact.East Atlanta Liquor Store Clerk Killed
A clerk at an East Atlanta liquor store was killed during a robbery on Moreland Avenue. The Atlanta Police Department reported that just after 10 p.m. an armed robber entered Moreland Package Store and demanded money. The 21 year old clerk was shot several times and died at the scene. The owner of the store then exchanged fire with the gunman who fled on foot. Atlanta officers arrested a man about a block away on Mortimer Street in Atlanta, Georgia. The family of the young clerk may have a workers' compensation claim against the business, as well as a wrongful death claim against the gunman. If you or a loved one have been injured at work, please call our office at 888-973-2540 (888-WRECK-404) for a free initial consultation. Our office is available 24 hours a day to assist you and your family.How can an attorney help your Workers' Compensation case?
Worker’s Compensation or “workman’s comp” exists in all states to protect workers who are hurt on the job. Any injury that occurs on the job “out of and in the course of employment” is covered by worker’s compensation.
In many cases, injuries are minor and employees recover quickly and are able to return to work. Often, there is little need to hire an attorney.
If the injury is more serious, or your claim is rejected, an attorney can help. A Worker’s Compensation lawyer can also help if your compensation claim is accepted, but the amount does not cover your medical needs, or if certain medical care is denied. A lawyer is essential if your employer takes any retaliatory actions after the claim is filed.
Retaliation includes termination, demotion, reduction in pay or in work hours, loss of benefits, or denial of any other employment opportunity in response to an employee’s claim to workers’ compensation. Retaliation may also violate an injured employee’s rights under the Americans with Disabilities Act, Family and Medical Leave Act, and other federal and state laws
Having a worker's compensation attorney handle you case can help ensure that an injured worker is treated fairly and given adequate financial compensation for their injury or illness.
If you are having difficulties with your Georgia Workers’ Compensation case, the lawyers at Kaufman Law can help. Call us at toll free at 888-973-2540 for a free consultation.
Security Guard Killed In Atlanta
A security guard was shot and killed in Atlanta, Fulton County shortly after 1 a.m last night . The guard went to investigate a suspicious person behind the Gold Spa on Piedmont Road. The guard was shot in the chest by the suspect, who then fled. Police were unable to determine whether the security guard was able to fire back at the suspect. It is expected that family members will seek advice from an Atlanta Workers Comp Attorney or Wrongful Death Lawyer. Whether a claim can be made under Workers' Comp depends on many facts still unresolved. We do not yet know if the security guard was an employee of the Gold Spa or an independent contractor. That fact determines whether his family has a claim under workers' comp. Depending on the circumstances, the family might also have a wrongful death claim and one for personal injuries. An Atlanta Area Personal Injury Lawyer, such as Kaufman Law, can help the family sort out these legal issues and pursue any compensation they may be entitled to. At Kaufman Law, we have experience with both serious injury and death claims in Workers Compensation and Wrongful Death and personal injury cases . If a family member has experienced serious injury, or even death, while on the job please contact our office at 1-888-973-2540, 24 hours a day, to schedule a free initial consultation.Can workers’ comp claimants in Georgia change doctors?
Many workers injured on-the-job in Georgia find themselves questioning whether or not the doctor they selected is right for them. Sometimes it seems like certain medical professionals are on the side of your employer and their insurance company. What does Georgia workers’ compensation law allow you to do in this situation?
You do have the right to change from one doctor to another without any special authorization – as long as the doctors are on the same panel. However you can only do this once. If you don’t like any of the doctor’s on your employer’s panel, then you may need to ask your employer to agree to a different doctor.
If your employer doesn’t allow you to select a doctor outside of their panel of physicians, then you do have the option to petition the State Board of Compensation for a change in physician.
Now, if you are already receiving income benefits from your employer, then you have another option. In this situation you can request an independent medical exam (IME) from a doctor of your choosing – and your employer has to foot the bill. This is an option you can use to get a second opinion, because the new doctor won’t become your regular treating physician, but they can be used to support your request to change physicians.
To speak with an experienced Georgia attorney about your workers’ comp situation, please contact the Atlanta based office of Kaufman Law at (888) 973-2540.
Officer Injured in Cobb County
An officer was injured and required hospitalization resulting from a car wreck in Marietta, Georgia on May 15th. The wreck took place on Atlanta Road slightly north of Austell road. The two car crash occurred when the Cobb County officer made a U turn on busy Atlanta Road. The officer pulled in front of a Bonneville driven by a 61 year old local Smyrna resident who impacted the police cruiser that was cutting in front of its path. The air bag of the Bonneville deployed resulting from the violent impact of the vehicles. Both drivers were injured. The officer was hospitalized with complaints of injuries to his cervical and lumbar spine. These types of accidents sometime lead to life altering injuries. The officer who was on the job will be able to make a worker’s compensation claim and all of this medical bills and a percentage of his salary should be paid. The officer may have job benefits with supplemental insurance and disability insurance along with a good health policy, if the worst happened, whether he was at fault or not. It is not known if the other driver has any access to the medical system. Often in such situations, a lawyer paid on a contingency fee is the only way to recover for these losses. Police have not decided who was at fault. They are investigating to determine who to blame for the wreck.
Man killed in Collision with big truck
A Stone Mountain man was killed on 5-16-2009 when he drove his work van into the rear end of a tractor trailer. The death was investigated by Gwinnett police. The wreck occurred on Stone Mountain Highway in Snellville, Georgia. The driver of the van was taken to Eastside Medical Center with serious personal injuries but he died soon upon receiving emergency medical care at the Emergency room.In these situations the driver of the vehicle that rear ended the semi tractor trailer can rarely make a claim for injuries against any insurance liability company because he was likely negligent. If he was employed at a company that had at least three employees and he was in the course and scope of his employment then his surviving dependants can make a death claim against the Workers Compensation employer and insurer. While the Death benefits are modest, Workers Compensation insurance may provide some support for his surviving dependants. If he does not qualify for Georgia Workers Comp insurance then his survivors would have to look to their own insurance resources to provide relief.
The police reported no injuries to the tractor trailer driver however the biomechanical realities of even the most simple vehicle collision especially one involving rear end impact often lead to complaints of injuries to the neck and lower back of the lead driver. Depending on the circumstances the tractor trailer driver may have a Workers Compensation claim and personal injury claim if he is injured.
NY Times Studies Workers' Comp Fraud
In Georgia Workers' Compensation cases, many insurers use the IME, or independent medical examination, to try to weed out fraudulent claims. However, it is sometimes a vehicle perpetrating faud on the insurer's part. The article exposes similar insurance company influence in New York over the workers' comp system as in Georgia. The Workers' Comp Board itself is the only institution that can prevent fraud in the system. Yet, the Fraud Unit of New York seems to focus on non-premium paying employers. This focus makes it a revenue tool, not a policing power. The system in Georgia and metro Atlanta seems to work similarly. Perhaps there may be more fraud in our system than officially recognized. Fortunately, the NY Times article also provides some helpful tips for claimant's attorneys engaged in the appeals process.
Plane Crashes in Montana
Last week, a private plane crashed in Montana. The plane was carrying a group of adults and children from California to a ski resort in Montana. The plane attempted a landing in Butte, but was unsuccessful. All on board were killed in the crash. The plane took off from Oroville at approximately 11 a.m. Pacific Time for the 700 mile flight to Bozeman Montana. With an estimated 14 to 17 people on board, the pilot canceled the flight plan and headed toward Butte instead. The plane crash landed about 500 feet west of the Bert Mooney Airport at 3:26 p.m. Mountain Time. It is not clear exactly what prompted the change in flight plan or the eventual crash. While the plane was equipped to seat 12, F.A.A. spokesperson Les Dorr said that at least 14 people were on board. It is still unclear whether that over-capacity contributed to the crash.Are unproven back injury treatments draining workers’ comp funds in Georgia?
Back pain is a serious issue for many workers in Georgia. Nationwide, lumbar injuries result in approximately $149 million in lost work days per year. As a result, businesses are estimated to lose $28 billion each year from lost productivity.
Sure, businesses lose out, but think of all the workers suffering from serious back injuries. Workers who sustain a back injury on the job and are unable to work may need to file for workers’ compensation. In fact, 25 to 35% of workers’ compensation costs are thought to be related to back pain.
Why are the costs for workers’ back injuries so high? A recent study reveals that health professionals may be acting too aggressively to treat their patients’ lumbar injuries. The study revealed that while spine-related expenses shot up 65 percent from 1997 to 2005, there is no evidence that the outcome for those suffering from back pain is any better.
So, not only is more being spent to treat back injuries but it isn’t doing patients any good. What does this mean for workers? Think about it – if workers’ comp insurance has to pay for unnecessary treatment, it just means there is less money to go around. You could also suffer through painful, unnecessary procedures that could make it more difficult to return to work. Make sure you get the facts before you submit to any unnecessary or unproven treatments for your work related back injury.
Botanical Gardens Subcontractor Having More Problems
Pioneer Concrete Plumbing Service, Inc. was involved in last year's tragic collapse of a skywalk which was under construction at the Atlanta Botanical Gardens. Evidently, that was not the only workplace accident they have been involved in.They are being sued by Juan Manuel Cuevas in Cobb County over another workplace accident in 2007. Mr. Cuevas was working for Mark's Foundation, Inc, which has joined him in this suit. A Pioneer employee was working with Cuevas in Woodstock, Georgia. Cuevas was knocked off a wall and injured. Unfortunately, under Georgia Workers' Comp Law, Cuevas will be limited to recovering money for medical expenses and lost wages. Even more unfortunate, Mark's Foundation will be seeking to recover the benefits it paid to Cuevas. So while the workers' comp insurance companies use Cuevas to recover money they have paid, the injured employee may be left with nothing.
Teacher Injured with Sulfuric Acid Has Workers Comp Claim
A Kennesaw Mountain High School teacher was injured after a causig a chemical spill Tuesday morning. The Cobb County teacher was carrying a bottle of sulfuric acid which accidentally fell to the floor of the prep room adjacent to the classroom and spilled. The acid splashed into the teacher's eyes causing minor irritation. The teacher was transported to Wellstar Kennestone Hospital for treatment and released the same day. Fortunately, none of the 7 students in the classroom during the incident were injured. Almost 200 students in classrooms nearby had to be evacuated during clean up.Workers' Compensation allows those injured on the job, regardless of any potential negligence on the employee's part, to recover for the cost of their medical bills, any lost wages, and a settlement related to any permanent disability resulting from those injuries. Although reports indicate no negligence on the part of the teacher, he or she would still have a valid claim regardless. Workers' Compensation law can be very complex, especially if serious or permanently disableing injuries are involved. You must follow certain guidelines when making your claim and usually you must receive treatment from a selected list of medical providers. Failure to follow these guidelines can result in your claim being disbarred. You can contact our office 24 hours a day, 7 days a week for a free consultation regarding your rights under Workers' Compensation law.
Marietta Pawnshop Employee Shot During Robbery
An employee of Big Chicken Pawn in Marietta was shot during a robbery just after 11 a.m. on Wednesday. Marietta Police Department Spokesma Brian Honea was unable to state whether anything had actually been stolen from the pawnshop. Big Chicken Pawn is located next to the Big Chicken KFC restaurant at the intersection of Cobb Parkway and Roswell Road, one of Cobb County's landmarks. Police dogs attempted to locate the two suspects but apparently were unsuccessful. The police were not able to issue a detailed description of the suspects. While this incident is a criminal matter, the wounded employee may also have a claim against his employer under Workers' Compensation laws. Fortunately, his injuries did not appear life threatening yesterday as he was taken to Wellstar Kennestone Hospital for treatment. If you've been injured on the job, in a similar manner or a more usual accident such as a slip and fall at work or a lifting injury, you should consult an attorney to determine what your rights and responsibilities to your employer may be. An attorney can help you ensure that you receive the fair medical and lost wage compensation you deserve as a result of your on the job injury.Let us review your case. Please fill out the confidential form below, or call us 24/7 at the toll free number above.
Kaufman Law
12 Beck Street, N.W.
Atlanta, GA 30318
Phone: (678) 666-3600
Toll Free: (888) 973-2540
Get Directions
Note: Your information is confidential and is not used or sold for marketing purposes. Written contract required for representation.
Call 24/7
Homebound & Hospital Visits
Insurance companies, even your own, are not your friend. They will do whatever they can to avoid paying your claim. Educate yourself on the process, and then hire an attorney to protect your rights.
Order Now