Like many things in life, the answer to this question depends. In most cases, you have at least some say in choosing the doctor that treats you for a workers’ compensation claim, but your employer may be able to influence that decision.

Workers’ compensation benefits are provided by insurance paid for by your employer. Your employer wants to ensure you receive sufficient care to get you back to work as soon as is possible. This is not only because hopefully the employer relies on the work that you perform for them and they in general care about your well being, but also because usually the longer you are out on a workers’ compensation claim, the more expensive it is to the insurance carrier. As the employer wants to keep their insurance premiums to a minimum, it is in your employer’s best interest to get you back to work as soon as is possible. Therefore, your employer has an interest in the physician providing for your care.

Likewise, the insurance company has a stake in which doctor provides for your care. The insurance company is the one that is paying the expenses related to your workers’ compensation claim. This can include lost wages, doctor bills, prescription medication, and indirect expenses related to your care such as travel to get to and from your medical treatments. Therefore, the insurance company also wants to get you well and back to work as soon as is possible to minimize their expense.

Because of the interest the employer and insurance company have in your medical care while being treated for a workers’ compensation-related illness or injury, the laws that govern your treatment may allow them to influence the doctor chosen. Other factors must also be considered that can affect who is allowed to provide your treatment. These factors include but may not be limited to the following:

• The state where you live

The way each state provides for a physician in dealing with a workers’ compensation claim varies widely, because each state is allowed to set their own laws that govern workers’ compensation. Some state laws require that you be allowed to choose your own doctor for a workers’ compensation claim immediately, whereas other states may not have this requirement. In either case, your employer may ask that you obtain a second opinion from another doctor or your employer could petition the Workers’ Compensation Office for your state to have you see a different physician depending on the circumstances of your injury or the prognosis for your recovery.

• The care plan offered by your employer

Depending on the type of care plan offered by your employer and if allowed by state law, your employer’s workers’ compensation plan may require that you initially see a doctor from a list of doctors maintained by your employer or the insurance carrier for your employer’s workers’ compensation. Usually this requirement is for a limited period of time—perhaps as little as 10 days or 1 month—after which you can see a doctor of your choosing.

• The specialty of the doctor and the type of work injury

Even if you can choose your own physician, there are limits as to who you can choose. Because of the interest your employer and the insurance carrier have in you receiving appropriate care, your doctor must be one that is in good standing in terms of having a current license to practice medicine in your state. In addition, he must be trained to address the type of injury or illness you have.

As you can see from the information above, the doctor you can use to treat your workers’ compensation injury or illness varies by state law, care plan, and other factors. Therefore, you should speak with your employer or the Workers’ Compensation Office of your state to confirm your options for choosing your own physician related to a workers’ compensation injury or illness. If you do not believe you are being allowed to exercise your available options or otherwise believe you are not being treated within what the state laws allow for your claim, you should speak with a workers’ compensation attorney.

How can I get help with my workers’ compensation claim?

If you complete the short form below, your case will be referred to a workers’ compensation attorney who can speak with you about your specific situation. This attorney will be familiar with the laws within your state, so you will receive the right answer for you. This initial consultation is free of charge, does not obligate you to anything further, and is 100% confidential from your employer and their workers’ compensation insurance carrier. Therefore, please take this opportunity to get help with your workers’ compensation claim today.

On the surface, the definition of what constitutes a workers’ compensation injury or illness seems fairly straightforward. If you are injured on the job, then you are in line to receive workers’ compensation benefits, right? The answer is actually that it depends.

What are Workers’ Compensation Benefits?

• Provide a stream of income to a worker who has been injured on the job while he is unable to work and earn his regular salary or hourly wage, and
• Pay for costs related to medical care for the injury or illness.

For these reasons, then yes, if you receive a job-related injury or contract an illness as a result of your job, then you are eligible for workers’ compensation benefits. However, we need to be sure that we use the appropriate definition of what is considered a workplace injury or illness.

Work Injuries covered by Workers’ Compensation

For an injury or illness to be one that qualifies you to receive workers’ compensation benefits, the injury or illness must be directly caused by or related to one of your job responsibilities. Examples of injuries and illnesses that are the direct result of job responsibilities include the following:

• For an office worker, carpal tunnel syndrome caused by repetitive typing of e-mails, memos, or other work at a keyboard
• For an electrician, receiving electrical burns to his hands while installing a breaker box when he believed the power was shut off
• For a pizza delivery driver, hurting his back in a car accident while delivering food to a customer
• For a construction worker, contracting lung disease because he installed asbestos in buildings before the dangers of working with asbestos were known

Work Injuries not covered by Workers’ Compensation

An injury that is not the direct result of your job, which is either indirectly related to your job or just something that commonly occurs in everyday life, would not qualify you for workers’ compensation benefits. Examples of indirect injuries or illnesses that likely would not qualify for workers’ compensation include the following:

• Catching the flu from a coworker who came to work even though company policy asks that ill employees stay home
• Having a car accident while driving to or from work or while driving during lunch because you chose to go out to eat
• Falling down a flight of stairs at your office because your balance was impaired as the result of the consumption of alcohol

In addition, remember that you must report the injury to your employer in a timely manner. If you wait too long to report a workplace injury, then even if it is as the direct result of one of your job responsibilities, you may lose the opportunity to file a workers’ compensation claim.

Hiring a Workers’ Compensation Lawyer

If you would like to speak with an attorney about an injury or illness you have to determine if it is a valid workers’ compensation injury, please complete the short form found below. By completing this form, it will allow a workers’ compensation attorney to review the facts related to your injury or illness and provide you an initial consultation free of charge. This consultation is completely confidential from your employer and does not obligate you to anything further. Therefore, please use this opportunity today to get legal advice on your injury or illness so you do not lose out on the workers’ compensation benefits to which you may be entitled.

What is workers compensation? It is an insurance program which provides injured workers with compensation for their work-related injuries. Unlike other type of insurance programs, workman’s comp is a no-fault program, and the worker does not have to prove that their work injury was caused by the negligence of another person or company.

Not only are medical expenses covered, certain workers will be entitled to wage replacement compensation which they have lost because they are not able to work. Given the benefits of this type of insurance program, it is no wonder that some dishonest workers target this program and attempt to get compensation when they have not actually be injured on the job.

What is workers’ compensation fraud? It can include a variety of illegal activities. For instance, workers may simply exaggerate their work injuries or fake them altogether or doctors and lawyers may work with claimants to entice them to cheat the system by filing fraudulent California workers’ compensation claims. The cost of the fraud is than passed onto the taxpayers and the American public. Fraud can also include insurance fraud (crimes of intentional misrepresentation of payrolls).

Did you know that in California in 1991 the Workers’ Compensation Fraud Program was established through the passage of Senate Bill 1218 (Chapter 116). This bill made workers’ compensation fraud a felony and required all insurance companies to immediately report fraudulent activities to the Fraud Assessment Commission so they could investigate the level of the fraud and prosecute the guilty parties.

Who funds this commission? It is the employers of the state of California who are required by law to insure their employees. So how prevalent is workers’ compensation fraud in California? In 2009- 2010, the California Fraud Division reported that there were 5,728 SFCs, they assigned 754 new cases, made 269 arrests and referred 280 submissions to prosecuting authorities. Potential loss amounted to $1,150,136,727.

Has the Workers Compensation Fraud Program been Successful in California?

California had done studies which suggest their more aggressive anti-fraud campaigns have been successful. They claim that the task force, the D.A., California employers, and insurance companies have all helped to reduce workers compensation crimes and have helped to reduce workers’ compensation costs for employers.

Although most fraudulent activities are never identified or investigated, the District Attorney confirms that in 2009-2010 there were 682 arrests, the majority of which were made by the Workers Compensation Fraud Division.

Hiring a Workers Compensation lawyer in California

California workers can be injured performing a variety of jobs. Some workplace injuries may not be covered. For instance, if a worker is injured due to their own intentional or reckless action meant to cause injury, from flagrantly ignoring a standard safety precaution, while travelling to or from work or while intoxicated, California workers’ compensation may not be awarded.

California Work Injuries covered by Workers Compensation

What types of California work injury or occupations illnesses are generally covered? There are hundreds of common injuries which may be covered: back and neck injuries, carpal tunnel syndrome, hernias, strokes, fractures, bulging discs, heart attacks on the job, abrasions, burns, amputations, PTSD, torn rotator cuffs, and cancer caused by the working conditions.

If you have suffered a severe work injury you may be able to negotiate a fair settlement with the insurance company, but unfortunately, many companies and insurance companies may be more concerned with settling the work injury claim and less concerned about ensuring you get a fair settlement offer which will compensate you for your work injuries and replace your lost wages. Talk to a workers’ compensation lawyer in California today if you have been injured at your job.

According to CNN news, a fuel pipeline exploded in a densely populated Nairobi slum Monday morning. Homes were destroyed and the explosion killed at least 68 people and forced massive evacuations of the area. Red Cross officials continue to fear that leaked fuel may ignite additional fires or explosions.

The fire started at 10 a.m. Kenyan time. and although the accident is under investigation, preliminary reports indicate it may have been caused by individuals who were siphoning fuel from the pipeline in the Sinai slum. Prime Minister Raila Odinga indicated the incident could have occurred after a mechanism on the pipeline failed and fuel from the pipe spilled into the drainage ditch, where it then ignited.

Although 68 people have died so far, officials report the death toll could reach at least 100 as the rescue effort continues. Reports indicate that bodies were still floating in a nearby stream as late as Monday afternoon.

Unfortunately, many of the bodies were too hot to move and some of the dead were huddled near each other, leaving the details of the death toll hard to calculate.

According to Carol Nduta, a Kenya Red Cross emergency medical instructor and dispatcher who traveled to the scene, “Almost the whole place blew up,” she said, “although some structures were still smoking and burning Monday afternoon, the fire seemed to be mostly under control.

This explosion is said to be one of the worst “energy-related” disasters in Kenya’s history, although failures from fuel leaks tend to be common in the country. In 2009, for example, over 100 Kenyans died when they attempted to gather fuel from a tanker which had overturned and someone near the fuel spill lit a cigarette and started a fire.

Deputy Prime Minister Uhuru Kenyatta said the government will continue to investigate the accident and do their best to help the victims, indicating that as leaders, “we have a collective sense of responsibility [for the accident].”

Workers Compensation for Injured Workers

Although this accident occurred in a foreign country, other similar accidents have occurred in parts of the U.S. and injured American workers. For example, the April 20th explosion of the Transocean Deepwater Horizon rig, which killed 11 workers and imperiled marine life throughout the Gulf of Mexico, was another example of accidents which can happen at work. This explosion and many other similar work accidents are often caused by dangerous working conditions or companies failing to follow standard safety procedures.

What if you have been injured at work? Did you realize that you may be entitled to workers compensation if your work injury occurred during the course of your normal employment? Did you realize that you may be entitled to not only medical care but also permanent or temporary wage replacement benefits? If someone you loved was killed from a work-related accident did you realize you may be entitled to death benefits and burial funds?

Although many minor work comp claims may be handled without a workers compensation lawyer, if you have been severely injured or you have suffered permanent loss, contact a work comp lawyer for more information about the work comp laws in your state and whether or not you are entitled to payment for your work place injury.

Alaska workers’ compensation is administered by Alaska’s Division of Workers’ Compensation and provides benefits to Alaskan workers who are injured on the job or who suffer from an occupational illness.

Workers’ compensation in Alaska can include paid medical care, wage loss benefits, vocational rehabilitation services and survivor benefits.

Work injury compensation has eliminated the right of most workers to file personal injury claims for work injuries, thereby eliminating the need for protracted legal battles for both the employer and the employee. The employee forfeits their rights to a higher potential judgment and the employer avoids having to prove they were not negligent for the worker’s injury.

Hiring a Alaska Workers’ Compensation Lawyer

Alaska employees have the right to hire an Alaskan work comp lawyer at any point in the workers’ compensation process, but if the Alaska workplace injury is minor, or the employer is willing to provide sufficient compensation, an employment attorney may not be needed.

If however, employers are refusing to provide work compensation benefits or an employee has suffered discrimination or wage loss and has not been given the work comp benefits they need, an Alaska work comp attorney can help. Remember that your employer or the insurance company will most likely have a team of lawyers working for them.

Work Injuries Covered Under Alaskan Workers’ Compensation

Most work injuries will be covered under Alaskan work comp. Common injuries which are generally covered, if they occur during the normal course of employment, can include any of the following:

• Bone fractures
• Carpal Tunnel Syndrome
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Concussion
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease
• General Anxiety Disorder
• Diseases caused by inhalation of chemicals or other toxins
• Heart attack or strokes on the job
• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs

If an employee is intoxicated when they are injured, attempting to injure themselves or others, is injured while committing an illegal action, knowingly fails to follow written safety instructions which are clearly posted, or fails to perform a statutory duty, they may have difficulty getting Alaska work injury compensation.

Employees who have been denied work comp benefits in Alaska should contact a workers’ compensation lawyer for more information about whether or not their work injury is covered under Alaskan work comp law. Alaska employment lawyers may also be able to help an employee who has been injured by a third party product.

Alaska Worker’s Compensation Benefits

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) are offered to workers who have been temporarily and totally disabled and are unable to return to work.

TTD benefits are paid at up to 80% of the worker’s spendable weekly wage (subject to the maximum amount allowed under Alaskan workers’ compensation law). Weekly, monthly or annual calculations may vary somewhat.

Temporary total disability benefits are paid every 2 weeks until the worker has reached their maximum medical recovery level and returns to work.

• Temporary Partial Disability Benefits (TPD)

Temporary partial disability benefits (TPD) are paid to workers who suffer an injury at work and are able to return to work but who are can not make the same wage they could make prior to their work injury (due to a lighter work assignment or residual work injuries).

Temporary partial disability payments are paid every 2 weeks and are paid at 80% of the difference between the amount of money the worker was earning prior to their Alaskan work injury and after their Alaskan work injury.

An employee may receive TPD benefits until they reach their maximum medical improvement level or for a maximum of five years (or the earliest of the two).

• Permanent Partial Impairment Benefits (PPI)

Employees who suffer permanent partial impairments may receive payments for their loss. Examples of permanent partial impairments can include loss of a body part such as a finger or toe.

PPI benefits are paid according to the rating assigned by physician. Ratings are based on the percentage of loss and are calculated by multiplying the percentage of the body loss by $177,000, which is the value of a whole person as determined by Alaska’s workers compensation.

Permanent partial disability payments may be paid in addition to other types of Alaskan wage loss benefits.

• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits are paid to Alaskan workers who are injured and who are unable to perform any type of work due to their residual permanent and total disabilities.

PTD benefits are paid to Alaskan workers until they are no longer disabled and able to return to work or they die.

• Death Benefits

Death benefits may be paid to the surviving beneficiary of an Alaskan worker who dies from their work injury or occupational disease.

Death benefits can include a lump sum payment or a weekly wage loss compensation award. Wage loss compensation can vary depending on a variety of circumstances.

Death benefits may also include funeral expenses which are paid up to the state’s maximum payment amount which is currently $5,000.

• Medical Benefits

Medical benefits are paid to Alaskan workers for all necessary and reasonable medical expenses related to their Alaskan work injury. Medical benefits are paid for up to 2 years following the work injury, subject to a review by the Board of Insurers if medical care is still needed after this amount of time.

Unlike many states, Alaska workers’ compensation allows the employee to choose their own treating doctor. Workers who wish to change doctors after they have made their choice must submit a change request to their employer or insurer. Talk to your employer prior to making any physician decisions or visiting the doctor.

• Vocational Rehabilitation

Vocational rehabilitation services are currently offered to injured Alaskan workers who are unable to return to their current job. If you are injured and have not received the vocational help you need to return to some type of employment, contact a work injury lawyer.

Vocational rehabilitation services vary by state, but generally include: job retraining, job placement services, job modification services or job counseling. The goal of all vocational rehabilitation benefits is to help the Alaskan worker find suitable employment after an Alaskan work injury.

Created in 1911, Wisconsin workers’ compensation altered compensation for workplace injuries by requiring employers to purchase no-fault insurance for their employees which would compensate an employee if they were injured in an accident at work.

Employees no longer have the legal right to sue their employers for work-related injuries (in most cases) but instead receive immediate medical benefits and wage loss compensation without having to file a personal injury claim and proving their employer was negligent for their Wisconsin work injury.

Wisconsin work comp benefits are considered a trade-off for the employee, who loses out on potential compensation from a personal injury award, and the employer, who has additional costs associated with providing work comp insurance for the majority of their employees.

Hiring a Wisconsin Workers’ Compensation Lawyer

Although many workers are able to settle their Wisconsin workers’ compensation claim without the help of a Wisconsin employment lawyer, many workers with serious or permanent injuries may need help.

Employers and insurance companies, who have their own work comp attorneys, may be less interested in ensuring you get the medical benefits you need and more eager to save costs and close your Wisconsin workman’s comp claim.

Wisconsin attorneys understand the complexities of workman’s comp laws in Wisconsin and can help if you have been denied work comp benefits, have suffered discrimination, have been fired from your job or have been offered an impairment rating that does not fully compensate you for your workplace injuries.

Work Injuries Covered Under Wisconsin Workers’ Compensation

Most Wisconsin work injuries are covered under workers’ compensation law if they occur at work while the employee is engaged in their normal job duties.
Some of the most common types of Wisconsin workplace injuries and occupational illnesses can include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpal Tunnel
• Diseases caused by inhalation of chemicals or other toxins
• Bone fractures
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease
• General Anxiety Disorder

There are certain Wisconsin injuries which will not be covered by workplace injury compensation. If you were injured while travelling to and from work ,while you were intoxicated, by flagrantly ignoring standard safety precautions, while intentionally trying to hurt yourself of another person or engaged in a voluntary or social activity at work it may be difficult to win Wisconsin work comp benefits.

If you have been denied work comp benefits in Wisconsin, talk to a work comp lawyer. They can review your workers’ compensation claim and determine if you have a case.

Wisconsin Workers’ Compensation Benefits

Wisconsin workers’ comp insurance includes a variety of benefits such as: temporary total disability benefits (TTD), medical benefits, permanent partial disability benefits (PPD), permanent total disability benefits (PTD), death benefits to surviving beneficiaries and vocational rehabilitation benefits. More information about each benefit is listed below:

• Medical Benefits

Medical benefits may be provided to injured Wisconsin workers for all necessary and reasonable medical care to help pay for their work injury. Medical care which may be covered can include: hospitalizations, prescription medications, laboratory services, chiropractic care, doctor’s visits, nursing services and medical supplies.

Wisconsin work comp laws allow Wisconsin employees to choose their own first and second treating physician but additional choices must be approved by the work comp insurance company.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) are paid to Wisconsin employees who are injured and their work injury is so severe that they are temporarily unable to return to work. PTD benefits will not be paid for the first 3 days of missed work. This is considered the healing period. PTD benefits will begin on the 4th day of missed work and if the employee misses more than 7 calendar days of employment, they will be compensated for the first 3 days of missed work.

TTD benefits are paid at 2/3 of the average weekly wage of the worker at the time of their Wisconsin work injury, subject to the state’s maximum allowable amount. Benefits can be paid for a maximum of 1,000 weeks.

• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits (PTD) are paid to Wisconsin workers who are injured so severely by their occupational illness or workplace injury that they are permanently unable to return to any type of employment.

PTD benefits are paid at the same rate as temporary total disability benefits which is 2/3 of the worker’s average weekly wage at the time of their workplace injury. PPD benefits can be paid for as long as the worker lives, but if the worker is entitled to Social Security benefits they may be offset when the combination of the two exceeds 80% of the employee’s average earnings.

• Permanent Partial Disability Benefits (PPD)

Wisconsin employees who are injured at work and who have reached their maximum medical improvement but remain partially and permanently disabled may receive PPD benefits if they are unable to make the same wages they could earn prior to their work injury.

Calculating permanent partial disabilities is done based on the severity of the work injury and what body part is affected.

• Death Benefits

Wisconsin death benefits are paid to the surviving beneficiaries of a deceased Wisconsin employee. The maximum compensation varies but it cannot be more than 4 times the worker’s annual earnings.

Burial expenses may also be included but cannot exceed the state maximum amount which is currently $10.000. Death benefits may also be paid to a deceased worker’s parents if there is no other dependent such as a child or spouse.

• Vocational Rehabilitation

Vocational rehabilitation services may be offered to a worker who is unable to return to work. Vocational rehabilitation varies by state but generally includes: job-retraining, job counseling, job medication or job placement.

The goal of vocational rehabilitation is to help the Wisconsin employee return to a job which they are suited to perform given their current mental and physical health status.

Georgia workers’ compensation or workman’s compensation is provided to Georgia employees who are injured while performing their job or who have contracted an occupational illness. Georgia workers’ compensation program is managed and administered by Georgia’s State Board of Workers’ Compensation (SBWC).

The goal of the SBWC is “to provide superior access to the Georgia Workers’ Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective and to insure efficient processing and swift, fair resolution of claims, while encouraging workplace safety and return to work”.

Workers’ compensation or workers comp is a mandatory insurance policy that certain employers in the state of Georgia are required to purchase to protect their employees who are injured in a Georgia work injury. Mandatory workers’ compensation has eliminated the rights of most injured employees to file a personal injury claim and sue their employer. The trade-off for the worker, who may have forfeited a larger payout, is immediate medical benefits and potential wage loss compensation without the need for a costly legal battle.

Work Injuries covered by Georgia Workers’ Compensation

Work injuries are generally covered if they occur while an employee is performing a job duty. Work injuries which were the result of an employee’s horseplay, intoxication, failure to follow company policies or which were intentionally self-inflicted may not be covered.

Common work injuries which should be covered under Georgia’s Work compensation laws include:

• Neck injuries                             Back injuries
• Carpal Tunnel                            Concussions
• Heart attacks on the job             Strokes on the job
• Amputations                             Injuries from inhaling toxic chemicals
• Closed head injuries                  Paralysis
• Burns                                        Spinal cord injuries
• Abrasions                                 Electrocution
• Puncture wounds                       Post Traumatic Stress Disorder (PTSD)

Georgia Workers Compensation Benefits

• Medical Benefits

Medical benefits including rehabilitation and other treatments considered reasonable and necessary are covered under Georgia workman’s compensation laws. This can include hospital stays, prescribed medication, doctor’s visits, medical services and laboratory tests. In some cases the non-emergency care services may require approval from a panel of approved physicians. Georgia workers’ comp laws also allow the employee to choose their physician, but the choice must be from a list determined by the employer.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits are paid to workers who have been injured on the job and are unable to return to work due to their work injuries. Employees receiving TTD will receive 2/3 of their average weekly wage up to a predetermined maximum. TTD benefits are paid for a maximum of 400 weeks from the date of the work accident. Under some conditions, such as a catastrophic accident, TTD benefits may be extended. There is a 7 day waiting period prior to receiving TTD benefits. Workers who are injured for 21 or more consecutive days may receive payment from the first day of the work injury.

• Temporary Partial Disability Benefits (TPD)

Temporary partial disability benefits are paid to injured workers who are able to return to work but who, due to their work injury, are unable to make a similar wage. TPD benefits are paid at 2/3 the difference between the injured worker’s average weekly wage prior to and after the work injury. TPD benefits can be paid for 350 weeks or up to a maximum established under Georgia workers’ compensation law.

• Permanent Partial Disability (PPD)

Permanent partial disability benefits are paid weekly to injured workers who have been permanently disabled and may be unable to work their previous job, but may be able to do alternate work. Prior to determining the compensation amount, a medical examination is conducted by an independent medical examiner. The disability examiner rates the level of impairment. Disability payments are calculated by using the American Medical Associations ratings guidelines.

PPD payments are made by multiplying 2/3 of the injured worker’s average weekly salary by the PPD percentage and a specified number of weeks. The number of weeks is determined according to a pre-determined schedule. The calculation for PPD benefits is not made until the treating physician has determined the worker has reached their maxim medical improvement.

• Death Benefits

Death benefits are paid to the surviving spouse or dependents of Georgia workers who have died from a work injury or illness. Death benefits are 2/3 of the deceased employee’s average weekly wage at the time of the work injury. Death benefits are paid to the surviving spouse who has does not have children up to $150,000 maximum. Surviving children may be eligible to receive death benefits until they are 18 years old or longer if they are a full-time student.

• Vocational Rehabilitation Benefits

Vocational rehabilitation benefits may be offered to qualifying injured workers who are unable to return to work due to their physical health condition after a work injury. Georgia vocational rehabilitation may include: job placement, custom job training, job matching, counseling, technological accommodations and resource assistance.

Hiring a Georgia Workers’ Compensation Lawyer

Not all workers will need to hire a Georgia workman’s compensation lawyer, but if the injuries suffered are severe or permanent or the worker and employer have an adversarial relationship, it may be a good idea to seek legal counsel. Many workers’ compensation cases are litigated in Georgia simply because the insurance company wants to pay a low settlement amount and close the case as quickly as possible.

If you feel you have received poor medical treatment, if your Georgia workers’ compensation case has been denied or if you have been severely injured, contact a Georgia workman’s comp attorney.

If you have been injured on the job, you may be entitled to compensation while you recover. If your company hasn’t made every effort to make sure you get treatment for your injury and are getting some pay while you recover, you need to speak to an experienced workers’ compensation attorney.

A qualified workers’ compensation attorney can help you get the workers’ compensation benefits you deserve.

Does the subject of workers’ compensation in Ohio sound interesting to you? It probably holds great interest for you if you live and work in Ohio, and if you have been injured on your job or become ill due to the type of work you do. You or a friend or loved one may believe that you have not been given all the benefits of workers’ compensation that you are entitled to.

If this is the case, do not forget what workers’ compensation is. It is a form of business insurance that is provided by your employer. Workers’ compensation offers to you and/or your family benefits in the form of medical coverage, income and rehabilitation if you suffer illness, injury or death in the course of, or as a result of, your job. It makes no difference who is at fault for your injury or illness.

These workers’ compensation benefits are given to your surviving spouse and/or children or dependents if you lose your life at work. These benefits are given as a matter of “right” to you or your dependents or survivors. Your employer cannot resort to any legal defense. In return, you are not allowed to sue your employer, nor can your spouse and/or children or dependents.   

Workers’ compensation laws were brought about so that you would not have to prove that your injuries or illness was the “fault” of your employer. They were also designed to reduce the need for litigation. Maryland passed the first workers’ compensation law in 1902. 1906, was when the first federal workers’ compensation law was enacted. Some kind of workers’ compensation law was enacted by every state in the United States by 1949.  

The Occupational Safety and Health Administration (OSHA) is charged with your health and safety at work at the national level. (link to page Workplace Safety in Ohio) State laws that vary from state to state complement these national regulations of OSHA.

This is not how it is with workers’ compensation. There is no national agency. Each state has its own workers’ compensation laws.

The Division of Labor & Worker Safety of the State of Ohio Department of Commerce has the responsibility of insuring the health and safety of Ohio workers on the job. It is the responsibility of the Ohio Bureau of Workers’ Compensation to administer the workers’ compensation system in Ohio.

At the turn of the 20^th century, Ohio had little protection for workers who were injured at the workplace. By the early 1900s, there was a growing response concerning this situation. The Ohio General Assembly passed the first Workers’ Compensation Law in 1911. Participation by employers was voluntary. In 1913, the law was amended making participation compulsory for all employers.

It is important for you to know and remember that workers’ compensation in Ohio is mandatory. Your employer is required by Ohio law to have workers’ compensation coverage. Waivers are permitted, but only for employer sponsored recreational activities. There are no numerical exceptions.

There are two ways in which your employer can provide workers’ compensation coverage in Ohio. It can be provided through a state fund, or your employer can self-insure.

One of the benefits of workers’ compensation in Ohio is that you are allowed to make the first choice of which physician will treat you. It is important to remember that this is a free choice. You can choose any doctor that is certified by the Ohio Bureau of Workers’ Compensation.

Another benefit is that you may receive temporary total disability (TTD) compensation for ninety days. After this time, must be examined by the Bureau of Worker’s Compensation Medical Section to determine eligibility for continuation of compensation and the appropriateness of the medical treatment that you are being provided.

These payments that are made for temporary total disability (TTD) are based on in a percentage of your worker’s wage. There is a weekly maximum payment amount. Payments continue for the duration of your disability.

Another disability benefit is for permanent total disability (PTD). This amount is also based upon a percentage of your worker’s wage that is also subject to a weekly maximum payment amount. Payments for PTD may continue for life. Benefits are subject to offset for Social Security benefits.

Payments for permanent partial disability (PPD) are made based upon a schedule of injuries. This compensation for unscheduled injuries is limited to one third of the state’s average weekly wage, for a period of 200 weeks. Payments for PPD continue for the duration of your disability.

Death benefits are another benefit of workers’ compensation in Ohio. These benefits are payable to your surviving spouse, or spouse and children. The amount is based upon a percentage of your employee’s wages. This is subject to a cap. A minimum benefit is provided regardless of your employee’s earnings. A burial allowance is available.

Attorney fees have to be approved by the Bureau of Workers’ Compensation. This is done on a case-by-case basis.

If you or a friend or loved one has a dispute with their employer over workers’ compensation benefits, you need to know that the dispute process in Ohio can be complicated and confusing. For this reason alone, you or your friend or loved one will probably need the help and representation of a legal professional to help resolve the dispute and make sure that you receive all of the workers’ compensation benefits that you are entitled to.

How do you go about choosing the right attorney? Family attorneys and those who have a general law practice are wonderful. But, are they the right ones for dealing with workers’ compensation issues?

You or your friend or loved one is probably going to need the help of an attorney who knows and specializes in employment law in Ohio. You probably need the representation of a workers’ compensation attorney.

This is what workers’ compensation lawyers do. They specialize in cases dealing with employment issues. These are the kind of cases they deal with every day.