Atlanta Personal Injury Lawyer Blog

What is pain management?
Pain management is often required whenever injuries involve serious injuries such as herniated discs, ruptured discs, bulging discs, facet syndrome, and other serious neck and back injuries. Pain management normally is provided after conservative treatment such as physical therapy or chiropractic has failed. It is usually a last attempt to relieve the pain before a surgical evaluation is recommended. Pain management often includes prescription pain medications and injections such as trigger point injections, epidural injections, nerve blocks, etc. Experienced personal injury attorneys and worker's compensation attorneys can be excellent sources for knowing more about the medical providers that have good reputations for providing outstanding treatment to their patients.

Are there any dangers to long term narcotic pain medications?
1. Erectile dysfunction/reduced libido is common;
2. Sleep disorders requiring medication to fall asleep and then to remain awake are common;
3. Chronic constipation on some days followed by uncontrollable diarrhea on other days is common;
4. Many drug regiments are “off label” and not FDA approved for your diagnosis;
5. Long term use of narcotics can lead to an increase in pain due to “pain rebound”;
6. Indigestion and acid reflux issues are common;
7. Accelerated aging is common;
8. Depression is common;
9. You may never work again; and
10. A reduction in your life expectancy is likely.

Are there lower risks to pain management injections than long term use of narcotics?
Many doctors prefer the use of injections in the long term pain management since there is no risk of addition with injections. There are risks and complications with injections, but long term use of narcotics for pain can result in addictions and dependencies which can ruin lives and hurt the long term health of the patient. Injections when required often increase the value of personal injury and worker's compensation claims since it is evidence that the injuries are causing so much pain that the injured victim is seeking painful injections to help deal with the uncontrollable pain.

How do you know what treatment you should have?
It is normally a good idea to seek out second opinions before deciding on evasive medical treatments. Asking questions and research the known risks on your own is a good idea. You an also ask your worker's compensation attorney or personal injury attorney their opinion when deciding on which doctors to treat with.

How can you get the medical treatment when you have a personal injury case even if you do not have health insurance?
Experienced personal injury lawyers are able to recommend doctors who will treat on a doctor lien. A doctor lien is an agreement that the doctor will provide the treatment, but will not seek payment for the treatment received until the claim is settled or litigated. Doctor liens do not remove the patient's obligation to pay for the medical treatment regardless of the outcome of the personal injury claim, but it does delay when payment is due. Attorney Richard Griffin of The Griffin law Firm, P.C. has also been able to use medical funding companies when his personal injury claimants require extensive pain management, neurological evaluation and treatment, and even surgeries such as spinal fusion surgeries. The medical funding company pays the surgeon, the hospital, the anesthesiologists, and other charges at the time the surgery is provided. Then the medical funding company is assigned the right to be paid for the full medical procedure from the future settlement or verdict.

What is the procedure for getting the medical treatment you need in a worker's compensation claim:
In Georgia, worker's compensation claimants are usually allowed to select a doctor from their employer's Posted Panel Of Physicians. The worker's compensation claimant is also allowed one free change of authorized treating physicians to another panel doctor. Sometimes seasoned worker's compensation lawyers can invalidate the Posted Panel if it is not properly posted and explained or if it does not include the required medical doctors. Attorney Richard Griffin has been able to invalidate many Posted Panels for his worker's compensation clients which then allows them to go to a doctor of their choice. If the worker's compensation claimant has received income benefits in the last 120 days, then they are allowed to select any doctor of their choice for a one time independent medical examination (IME). As long as the medical treatment is authorized, then the worker's compensation insurers should be paying for the medical treatment, the prescriptions, and for the worker's compensation claimant's mileage to and from the doctors or pharmacy.

How can you get a free legal consultation for your personal injury, wrongful death, worker's compensation, or social security disability claim?
You can call Attorney Richard Griffin at 866-847-6545 or use the following link to submit your personal injury, wrongful death, worker's compensation, or social security disability case for a free evaluation: [FREE CASE EVALUATION]

Continue reading "Pain Management For Personal Injury Or Worker's Compensation Claimants" »

Personal Injury Attorney Richard Griffin Of The Griffin Law Firm, P.C. was the featured legal expert on the new legal talk show on CW Atlanta called, "Lawyer Talk". The 30 minute episode with Attorney Richard Griffin and host Adam Goldfein aired on 10/22/11.

The show focused on personal injury claims that arise from many different types of accidents:
(1) car accidents,
(2) big truck accidents,
(3) motorcycle accidents,
(4) bicycle accidents,
(5) pedestrian accidents,
(6) slip and fall accidents,
(7) dog bites,
(8) negligent security,
(9) punitive damage claims (DUI and hit and run), and
(10) other premise liability claims.

You can see this episode on YouTube.com at the following link:

YouTube Video: Richard Griffin on Lawyer Talk

How can I be better prepared should I have a future personal injury or worker's compensation claim?
Viewers were encouraged to save The Griffin Law Firm, P.C.'s telephone number 866-847-6545 in their cell phones so that they could call the personal injury lawyers for immediate assistance and for a free consultation if they are in a future motor vehicle accident.

Free Consultations: Attorney Richard Griffin will provide you with a free consultation is you have a personal injury, wrongful death, worker's compensation, or social security disability claim through the following ways:
(1) Free Phone Consultation: 866-847-6545;
(2) Free Internet Consultation: Free Settlement Evaluation;

How can I hire The Griffin Law Firm for my personal injury, worker's compensation, wrongful death, or social security disability claim?
(1) Office Appointment: If we accept your case, then you can schedule a in office appointment for the intake sign up.
(2) Home or Office Appointment: If we accept your case, then we will send a representative to your home or doctor's office for the intake sign up if you would prefer.

Attorney Richard Griffin will be the featured personal injury lawyer on the new television show called "Lawyer Talk" on C.W. Atlanta (channel 69). The 30 minute legal talk show will air on 10/22/11 at 11:30am on channel 69. The host of the show is Adam Goldfein, who is also the host of Autoscoop and the Adam Goldfein radio show on WSB. Attorney Richard Griffin has recently been featured on many different television shows (Autoscoop, Trustdale, and Lawyer Talk) as an expert in personal injury, wrongful death, worker's compensation, and social security disability. This new show, "Legal Talk", appears to be a fresh approach to dealing with legal issues that affect people every day throughout Atlanta and the rest of the state of Georgia.

What topics will be covered by Attorney Richard Griffin during the upcoming "Lawyer Talk" show?
(1) Why is it important to hire a personal injury attorney?
(2) What damages can you recover in a personal injury claim?
(3) How can a personal injury attorney help their client get the medical treatment they need even if they do not have health insurance?
(4) Should you let the adjuster take your recorded statement about how the accident occurred and about your injuries?
(5) How can jury verdict research help get higher personal injury and wrongful death settlements?

What future practice areas will Attorney Richard Griffin of The Griffin Law Firm, P.C. address in upcoming "Lawyer Talk" shows?
(1) Personal Injury Claims (auto accidents, big truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, slip and fall accidents, dog bite cases, and negligent security claims).
(2) Wrongful Death Claims;
(3) Worker's Compensation Claims; and
(4) Social Security Disability Claims.

If you would like a free consultation from The Griffin Law Firm, P.C. regarding your personal injury, wrongful death, worker's compensation, or social security disability claim, then you can call 866-847-6545 or use the following link: [FREE CONSULTATION]

What happens if a worker's compensation claimant represents themselves?
Worker's compensation attorney Richard Griffin of The Griffin Law Firm, P.C. has focused on worker's compensation and personal injury since 1994. During these years of practicing law, he has seen a clear pattern that injured workers who handle their own Georgia worker's compensation claims have a frustrating experience that rarely if ever ends in a good worker's compensation settlement.

Further worker's compensation lawyer Richard Griffin concluded, "Worker's compensation claimants who do not have representation often have their income benefits stopped prematurely, their medical bills not paid timely or at all, and have a difficult time getting the medical treatment they need authorized."

Why is it so important to hire a worker's compensation lawyer?
Worker's compensation law firms like The Griffin Law Firm, P.C. have noticed that without the protection of an experienced worker's compensation attorney, injured workers are truly at the mercy of the worker's compensation adjuster assigned to their case. Often worker's compensation adjusters deny medical treatment even when it is being recommended by the authorized treating physician. Worker's compensation attorneys are needed to make sure the adjuster authorizes the needed and recommended treatment rather than denying it simply because it is an expensive medical test or treatment. Worker's compensation attorney Richard Griffin has found that he is able to resolve conflicts with the the worker's compensation adjuster through phone conferences, letters, motions, and when all else fails through hearings at the State Board Of Workers' Compensation. If an injured worker represents themselves, then they do not know their rights and do not know how to litigate if needed to enforce those rights.

How do I know what my worker's compensation case is worth?
The settlement value of any worker's compensation claim is usually based on the future exposure of the worker's compensation claim. It could also include any past medical bills, income benefits, or permanent partial disability benefits that have not been paid yet, but are currently due or past due. Further exposure for worker's compensation claims is based on how much money the insurance company will have to pay in the areas of income benefits, medical expenses, and permanent partial disability benefits.
(1) Income Benefits (TTD or TPD): Experienced worker's compensation attorneys will be able to calculate the total exposure in the area of income benefits [temporary total disability income benefits (TTD) and temporary partial disability income benefits (TPD)]. Normally this calculation is determining how many weeks remain out of the 400 week maximum from the date of the accident. The income benefit exposure can be for life if the case is designated a catastrophic worker's compensation claim. Worker's compensation lawyers are vital in establishing what the future income benefit exposure is since the value of the worker's compensation claim is greatly impacted by the income benefit exposure. Often worker's compensation doctors will return the injured worker too soon which allows the adjuster to stop or suspend income benefits. Good worker's compensation attorneys can use the Claimant's one time independent medical examination and their one free change of authorized treating physicians to establish that income benefits should be continued or started again if they have already been prematurely suspended.
(2) Medical Expenses: Often good worker's compensation attorneys will look to the past medical payments each year to help establish a pattern of what the future medical treatment is likely to cost. Another important factor is to have the worker's compensation doctors provided a future treatment plan with cost projection. Medical expenses are paid according to and pursuant to the workers' compensation fee schedule. Worker's compensation lawyers are very helpful in establishing what exposures there are for future medical treatment. If the worker's compensation claim has been designated catastrophic or if the worker's compensation claimant is eligible for Medicare, then a Medicare Set Aside is normally required. The settlement negotiations become very complicated and certainly require the advice of a good worker's compensation attorney whenever a Medicare Set Aside (MSA) is required.
(3) Permanent Partial Disability Benefits (PPD): These benefits are based on the permanent partial disability rating that the worker's compensation doctors assign. The permanent partial disability rating normally uses the American Medical Association (AMA) Guidelines for evaluating permanent impairment ratings. Once the permanent partial disability rating is established, then seasoned worker's compensation attorneys can calculate the permanent partial disability benefits (PPD) based on the formula provided in the Worker's Compensation Act [comp rate x PPD rating x the number of weeks the statute assigns to the injured part of the body used in the rating]. Good worker's compensation lawyers can even help you obtain a one time Claimant Independent Medical Examination (IME) to negotiate a higher permanent partial disability rating (PPD rating) and benefit.

How can I get a free consultation about my worker's compensation claim?
Attorney Richard Griffin will provide anyone who has a worker's compensation claim with a free consultation. During this consultation, worker's compensation lawyer Richard Griffin will answer all of your legal questions about your worker's compensation claim. He will also explain your worker's compensation claim rights and will let you know the possible settlement value of your case.
(1) Free Phone Consultation: Please call 866-847-6545.
(2) Free Internet Consultation: Submit your case to the following link: [FREE CONSULTATION]
(3) Free Office Conference: After a free consultation, we can schedule a free office conference if you have a case that we accept.

What does it mean to stack insurance policies?
Stacking auto insurance policies means that you can recover the policy limits from more than one policy rather being limited the policy limits of only one policy. Usually Georgia law requires that you exhaust the liability auto policy limits by negotiating a policy limits recovery before you can seek additional recoveries against umbrella policies or uninsured motorist or under-insured motorist policies.

Personal injury lawyer Richard Griffin warns that if the policy limits are not stacked correctly, then an unrepresented personal injury claimant could mistakenly release or waive their rights to recover against additional insurance policies that also cover their claim.

Why is stacking the auto insurance policies vital in large personal injury claims?
Large personal injury claims are often worth more than available liability policy limits of the negligent driver. This creates a huge problem and a sad reality when there is not even enough money to cover the past medical expenses, lost wages, . Personal injury lawyer Richard Griffin explains that personal injury attorneys can make a huge impact on the net recovery for his clients be doing the following:
(1) Identifying all insurance policy (negligent driver, owner of vehicle, and employers).
(2) Obtain the policy limits of all liability policies, umbrella policies, uninsured motorist policies, and under-insured motorist policies.
(3) Negotiate or litigate to get the highest personal injury recovery possible.
(4) Use of proper limited releases rather than a general release.
(5) Stacking of all policies to get the maximum settlement or verdict recovery.

Why is it risky to represent yourself and attempt to stack insurance policies yourself?
(1) Without an experienced personal injury and wrongful death attorney it will be almost impossible to negotiate a fair and reasonable settlement.
(2) If the adjuster negotiates unfairly, then a personal injury claimant does not have the ability to litigate the personal injury and wrongful death claim. Without the legitimate threat of litigation, the adjusters will attempt to save their employers (the insurance company) money at your expense.
(3) Personal injury claimants and wrongful death claimants will normally not be able to identify all insurance policies that cover a claim and verify the policy limits for each.
(4) Personal injury claimants and wrongful death claimants will not know what should and should not be in the limited release which could jeopardize their ability to obtain additional recoveries from the other insurance coverage that covers their claims.
(5) Personal injury claimants and wrongful death claimants do not have the experience of the seasoned personal injury lawyer to know the real value of their claims. They also do not have the resources needed to make certain the injuries, the treatment, the prognosis, the future treatment plans, and any permanent impairment is properly documented.
(6) Further, strong personal injury lawyers have the ability to conduct jury verdict research to better establish the actual value of each personal injury or wrongful death case based on the specific facts of each case. This is an expensive research that is normally not available to people who are not attorneys.

What types of accidents can personal injury, worker's compensation, and wrongful death claims arise from?
(1) Auto Accidents;
(2) Truck Accidents;
(3) Motorcycle Accidents;
(4) Bicycle Accidents;
(5) Pedestrian Accidents;
(6) Premise Liability Accidents;
(7) Slip and Fall Accidents;
(8) Dog Bit Incidents;
(9) Negligent Security Incidents; and
(10) Any on the job injuries (mainly for worker's compensation claims).

How can I get a free consultation regarding my personal injury, worker's compensation, wrongful death, or social security disability claim?
(1) Free phone consultation: Call The Griffin Law Firm, P.C. at 866-847-6545.
(2) Free email and internet consultation: Use this link: [FREE LEGAL CONSULTATION]
(4) Free office consultation: We will schedule this for any potential client that has a personal injury, wrongful death, worker's compensation, or social security disability claim that we believe has merit.

Worker's Compensation attorneys for The Griffin Law Firm win a catastrophic designation for their client:
In the realm of worker's compensation, there are many talented worker's compensation attorneys on both sides of the fence (claimant's attorney and defense attorney). This means that legal battles occur in which the value of the worker's compensation claim can either be greatly increased or greatly decreased based on the worker's compensation judge's ruling on the issues at a worker's compensation hearing. One such battle occurred when the experienced worker's compensation lawyers at The Griffin Law Firm, P.C. successfully won a catastrophic designation for one of their worker's compensation claimants. Absent a strong worker's compensation lawyer, this claimant would have had their temporary total disability income benefits (weekly payments for lost wages) stopped prior to or at the end of the 400 week period from the date of the accident. Under O.C.G.A. Section 34-9-261, a claimant is only eligible for temporary total disability benefits for a maximum of 400 weeks from the date of the on the job accident. However, since the hearing was won, the worker's compensation claimant for our firm will now be eligible to receive temporary total disability income benefits for life unless he recovers from his catastrophic injuries and is able to return to the work force.

What is a catastrophic worker's compensation claim?
Under O.C.G.A. Section 34-9-200.1(g) a claim is catastrophic under the following circumstances:
(1) Spinal cord injuries;
(2) Amputation;
(3) Severe brain or closed head injuries;
(4) Second or third degree burns over 25 percent of the body as a whole or more of the face and hands;
(5) total or industrial blindness.
(6) Catch-all Clause: Additionally, the statute provides a “catch all” definition for certain cases that do not fall into the specific categories. Since July 1, 2005, “catch all” is defined as any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy for which the employee is otherwise qualified. In addition, if the authorized treating physician has released the employee to return to work with restrictions, there shall be a rebuttable presumption during a period not to exceed 130 weeks from the date of injury, that the injury is not a catastrophic injury.

What are the facts surrounding the particular worker's compensation claim that was awarded a catastrophic designation?
On August 28, 2005, while unloading boxes from a pallet, the employee injured his left knee. Subsequent to the employee’s accident and injure, the Employer-Insurer accepted the employee’s claim as compensable, by paying the employee income benefits and providing the employee with medical treatment.

The employee underwent surgery on his left knee and when he did not improve he underwent partial left knee replacement surgery. Due to overcompensating for his weakened left knee, the employee developed right knee pain. The Employer-Insurer accepted the right knee as a compensable “super-added” injury. Eventually, employee received total right knee replacement surgery.

The employee began a pain management regimen with an additional physician. The Employer-Insurer had the employee undergo a Functional Capacity Evaluation (“FCE”) to determine the employee’s ability to perform work suitable to the employee’s physical limitations. The FCE resulted in a recommendation that the employee would be safe working in a Light physical demand level but should limit material handling on level terrain only, no incline, no dirt and no gravel; a walking tolerance of 10 continuous minutes and to avoid squatting, kneeling, balancing, and ladder climbing activities.

The surgeon agreed with the FCE findings and provided impairment ratings of 37% left lower extremity and 55% right lower extremity and placed the employee on light duty restrictions in accordance with the FCE findings. The employee continued to see the pain management doctor and the surgeon discharged the employee from further treatment as it was the surgeon’s opinion that there was nothing further that could be done orthopedically. Attempts by the employee and Employer-Insurer to agree on a new orthopedic physician failed because each potential doctor agreed with the surgeon that nothing further could be offered. The employee continued to suffer pain in his legs and knees and also in his low back. The pain management physician believed that employee’s work restrictions should be at the Sedentary physical demand level.

Based upon the surgeon and pain management physician’s work restrictions we advised our client to seek catastrophic designation under O.C.G.A. § 34-9-200.1(g)(6). Generally, if a doctor continues to keep an injured worker completely out of work or if there is no light duty job available, an injured worker is entitled to a maximum of 400 weeks of indemnity (weekly check) benefits. The Employer-Insurer can further decrease their exposure to pay such indemnity benefits by serving a WC-104 upon the injured worker that has attached to it the authorized treating physician’s light duty work restrictions. However, the cap on indemnity benefits can be eliminated if the injured worker’s condition is deemed catastrophic by the Workers’ Compensation Board.

Prior to filing a WC-R1CATEE with the Board we attempted to negotiate with the Employer-Insurer into accepting the case as catastrophic and/or settling the case. The Employer-Insurer responded and maintained the same stance throughout the litigation that they were not interested in settlement or mediation and would defend the case before the administrative law judge (“ALJ”) assigned to the case. We filed the WC-R1CATEE with the Board and the Employer-Insurer filed an objection and requested an evidentiary hearing.
During the litigation, the parties served discovery requests upon each other. The employee answered within the time set by law and later supplemented the response with the identification of employee’s expert witness. The Employer-Insurer deposed our expert witness, a vocational rehabilitation counselor recommended by the Griffin Law Firm, but would not agree to let the employee use the deposition transcript in lieu of the expert’s live testimony at trial. This added further expense to the employee’s case. The Employer-Insurer was served with employee’s discovery requests. After the time had passed for the Employer-Insurer to provide a response, we provided the Employer-Insurer with another courtesy copy of the requests and asked when a response would be due. Six days before trial, Employer-Insurer provided to employee their expert witness’s report, which showed that the Employer-Insurer had been in possession of the report for several weeks.
In addition to the Employer-Insurer’s discovery tactics, the Employer-Insurer unilaterally and without notice to the employee reduced his weekly indemnity check by $150.00 from $450.00 to $300.00 per week. Despite being unfairly disadvantaged by the Employer-Insurer’s discovery tactics, we pressed ahead with the presentation of evidence at the hearing before the ALJ.

The employee testified to his previous self-employment and management history that the Employer-Insurer argued showed that the employee possessed considerable skills that translated into there being substantial jobs available in the economy. The ALJ found the employee’s expert witness’s testimony more persuasive than the Employer-Insurer’s expert witness. This testimony, along with pertinent medical statements that we procured from the treating doctors resulted in the ALJ awarding catastrophic designation and reinstating the weekly benefits to the previous $450.00 level.

We have found that it is often not enough to simply supply all of the medical records to the court because doctors frequently do not provide the terminology necessary for the ALJ to reach an easy decision. The Griffin Law Firm has the resources and experience to obtain from physicians the facts and opinions that strengthen the injured workers’ case.

Why is it critical to hire a worker's compensation lawyer?
If you have a serious worker's compensation injury that will likely keep you out of work for a long period of time, then you definitely need a good worker's compensation lawyer on your side. It is not a matter of if you will need the attorney, but rather when because at some point whether you realize it or not, having an attorney is the only way to make sure you are fully compensated for your worker's compensation claim.

Continue reading "The Griffin Law Firm Wins A Catastrophic Designation For Worker's Compensation Claimant under O.C.G.A. Section 34-9-200.1(g)(6)" »

What do I do if the workers' compensation adjuster stops my worker's compensation checks?
This issue normally arises at some point for every Georgia worker's compensation claimant. The adjusters often are "trigger happy" to stop your income benefits (payments for lost wages) as soon as possible. The problem is that often the adjuster stops the worker's compensation checks pre-maturely, without just cause, or without following the required procedure. This is where having an experienced worker's compensation attorney can make "all the difference". Attorney Richard Griffin of The Griffin Law Firm, P.C. has stepped in and quickly been able to get income benefits started again (re-commenced) for hundreds and hundreds of workers who were injured on-the-job in Georgia.

What steps can a good worker's compensation lawyer take to get the income benefits started again?
(1) Request A Hearing: Most injured workers should not request a hearing on their own without the representation of a worker's compensation attorney because they will not know how to properly litigate their case. However, a hearing request is an invaluable tool since it takes the issue away from the adjuster or their attorney and let's a workers' compensation judge rule on the issue.

(2) Claimant's One Free Change Of Physician: The claimant is allowed to make one free change of physician from one panel doctor (doctor listed on the Employer's Posted Panel of Physicians) to another panel doctor. [O.C.G.A. Section 34-9-201(b)(1)] An experienced worker's compensation lawyer can be very, very helpful in selecting the best doctor available from the Employer's Posted Panel Of Physicians.

(3) Claimant's Independent Medical Examination (IME): If the claimant has a compensable injury and has received income benefits within the last 120 days, then he or she may be entitled to a one time independent medical examination with a doctor of their choice [O.C.G.A. Section 34-9-202(e)]. The selection of which doctor is best suited for this Independent Medical Examination is critical because this may be the only way an injured worker can get his income benefits re-started or have the evidence needed for a successful change of physician motion. Attorney Richard Griffin has had a great deal of success in motions for changes of physician with the authorized treating physician is no longer offering medical treatment or when the IME doctor has a better treatment plan.

(4) Convince The Adjuster To Re-Commence the Income Benefits: Many times adjusters simply choose to not follow the procedures required before suspending the income benefits. If the adjuster fails to follow these steps, then often good worker's compensation attorneys can convince the adjuster to re-commence the income benefits voluntarily. If the income benefits were wrongly suspended, then seasoned worker's compensation lawyers will seek assessed attorney's fees and penalties to discourage the adjuster from taking advantage of the injured worker in this manner.

What are examples of when an adjuster wrongly suspends income benefits?
(1) The Workers' Compensation Act requires that the adjuster file a WC-2 and that the Claimant receive 10 days notice of the up coming suspension of income benefits. The income benefits can only be stopped if this procedure is followed and if there is medical evidence that the injured worker can and should return to work. This often involves a release to regular duty work, but can also involve a release to light duty work restrictions.

(2) Worker's Compensation Act requires that the worker's compensation adjuster get light duty job offers approved by the authorized treating physician, that a WC-240 form is properly filed, and that the claimant is given 10 days notice of the date to attempt a light duty return to work. There are many, many issues surrounding a "240 light duty return to work". Many times Attorney Richard Griffin has been able to have the WC-240 denied for the Employer/Insurer's failure to follow the required procedures. Other times the light duty job actually offered was not consistent with the light duty work restrictions provided. Sometimes the job offered is not even the same job that the authorized treating physician had signed off on as a part of the WC-240 light duty return to work. If you have been returned to light duty work, then you will likely have a lot of questions about your rights and what you should do if you simply cannot do the light duty job being offered. Calling 866-847-6545 for a free consultation can really help answer a lot of these important questions.

What should an injured worker do if they receive a notice that their income benefits will be suspended or stopped?
You should hire an experienced worker's compensation lawyer as soon as possible. This is the only way to know your rights and to hold the adjuster's feet to the fire so they will continue to authorize and pay for your medical treatment and continue to pay your weekly income benefits (temporary total disability or temporary partial disability) timely and for the correct amount. It costs nothing for a free consultation for your injury claim, but the information you receive could make all the difference in your case.

Continue reading "Georgia Workers' Compensation: What Do I Do If The Adjuster Stops My Workers' Compensation Checks?" »

Attorney Richard Griffin speaks to potential worker's compensation clients almost every single day who often ask, "I received a check in the mail. Does this mean my worker's compensation claim is settled?" Attorney Richard Griffin always reassures the caller and let's them know that cashing a worker's compensation check does NOT usually settle your worker's compensation claim.

What types of checks do worker's compensation claimants receive?
The types of checks that a worker's compensation client might receive include:

(1) Income Benefits Check: These are the checks that compensate the injured worker for their lost income when their injuries prevent them from being able to work. If they are totally off work due to their worker's compensation injuries, then they receive Temporary Total Disability Benefits (TTD). If they are on light duty work restrictions and back to work but earning less money due to their on-the-job injuries, then they are paid Temporary Partial Disability Benefits (TPD). If the claimant cashes an income benefits check, their worker's compensation case does not settle, but remains open. Worker's compensation attorneys make sure you are paid the correct amount of income benefits and that the payments are received timely.

(2) Permanent Partial Disability Benefits: These are the checks that adjusters pay when a permanent partial disability rating is assigned. This is payment for the partial loss of use of part of the injured person's body. The permanent partial disability rating (PPD) is usually assigned per the American Medical Association (AMA) Guidelines. The formula for PPD benefits is the comp rate times the PPD rating times the number of weeks the Workers' Compensation Act assigns to that part of the body assigned to the PPD rating. [O.C.G.A. Section 34-9-263]. Cashing a PPD check does not settle your worker's compensation claim, but does pay off this portion of the claim unless a higher rating is later assigned. Worker's compensation lawyers make sure you are paid the correct amount of permanent partial disability benefits and that it is paid timely.

(3) Mileage Reimbursement: The claimant is entitled to be reimbursed for his or her mileage to and from the worker's compensation doctors or pharmacy. Cashing this check does not settle your claim.

How do I settle a worker's compensation claim?
Normally a worker's compensation claim is settled when a settlement amount is reached through settlement negotiations. The Georgia Board Of Workers' Compensation does not have the authority to require or order the parties to settle. The court only has the authority to determine if a worker's compensation claim is compensable and rule on the following issues:
(1) Compensability of the worker's compensation claim;
(2) Should medical treatment be authorized and should the insurer have to pay for it;
(3) Should income benefits be paid and if so how much;
(4) Should permanent partial disability benefits be paid and if so how much;
(5) Is the worker's compensation claim a catastrophic claim (life time benefits vs. the 400 week cap on non-catastrophic worker's compensation claims).
(6) Should either party have to pay assessed attorney fees or penalties for failure to comply with the Worker's Compensation Act or Board Rules.

Normally a worker's compensation settlement, to be enforceable, requires a Stipulation And Agreement to be signed by the parties and their attorneys if there are any. Then the Stipulation and Agreement is submitted to the State Board Of Workers' Compensation for their approval. Once approved by the Board, then the worker's compensation insurer has 20 days to pay the settlement amount or face a 20% penalty.

Why do I need a Worker's Compensation Attorney?
Hiring an attorney is the only way to really know your rights, enforce your rights, and obtain a settlement that fully compensates you for your past and future income benefits, medical expenses, and permanent partial disability benefits. Your case may be catastrophic if you are permanently disabled and cannot do any job in the U.S. economy. Catastrophic designations normally require litigation and can greatly increase the settlement value of your case. Catastrophic worker's compensation claims also usually require a medicare set aside to set settlement money aside to cover the cost of future treatment of the worker's compensation injuries that would otherwise be transferred to Medicare.

If you or someone you know has a worker's compensation claim, then you should call for a free consultation to 866-847-6545 or click FREE SETTLEMENT EVALUATION.

Continue reading "How Do You Settle A Georgia Worker's Compensation Claim?" »

Georgia worker's compensation claims are governed by a complex statute (The Workers' Compensation Act) and by the extensive Georgia Board Rules. This makes if very difficult for an injured worker to know what he or she should or should not do after being injured in an on-the-job accident. If the injured worker does not do what is required and what is in the best interest of their worker's compensation claim, then their Georgia worker's compensation claim will be worth less or may even be barred. This is why it is crucial for worker's compensation claimants to seek a free consultation with an experienced and successful worker's compensation lawyer as soon as possible after the accident.

What are the top 10 things every worker's compensation claimant should do or not do?

(1) NOTICE: It very important that an injured worker notify their supervisor or employer as soon as possible after an on-the-job accident occurs. The Georgia Workers' Compensation Act requires an injured worker to notify their employer usually within 30 days of the worker's compensation accident or from the date when the employee first had reason to realize that he or she had a work-related injury [O.C.G.A. Section 34-9-80 and Commercial Union Ins. Co. v. Verner, 150 Ga. App. 13, 256 S.E.2d 603 (1979)]. Whether the Georgia worker's compensation Claimant gave sufficient notice is a matter for the worker's compensation judge to determine. However, written notice and asking for a copy of the employer's accident report or incident report is a good idea. Attorney Richard Griffin, an experienced worker's compensation lawyer, has had great success establishing notice even when the facts made the issue unclear.

(2) DO NOT GIVE THE ADJUSTER A RECORDED STATEMENT WITHOUT CONSULTING WITH A WORKER'S COMPENSATION LAWYER FIRST: If you give the worker's compensation adjuster a recorded statement without being consulted by and properly prepared by a worker's compensation attorney, then you may jeopardize your worker's compensation claim.

(3) SEEK MEDICAL TREATMENT AS SOON AS POSSIBLE IF INJURED: Injured workers should seek the medical treatment they need as soon as possible after the accident. If the injuries are severe or appear to be life threatening, then seeking emergency treatment may be advisable if medically required. If emergency treatment is not required due to the extent of your injuries, then you should select an authorized treating physician from the Posted Panel Of Physicians. The worker's compensation insured does not have to pay for unauthorized treatment, but the Georgia Workers' Compensation Act does provide that the emergency physician is "authorized" as long as the emergency itself lasts. It often takes a seasoned worker's compensation attorney to prove to a worker's compensation judge that the emergency treatment should be paid by the adjuster if the adjuster takes the position that no emergency existed. If the injury does not require emergency treatment, then the injured worker should still seek medical treatment from an authorized doctor (usually a doctor from the Employer's Posted Panel Of Physicians) as soon as possible. Documentation of your injuries, your treatment, and how the on-the-job accident occurred should be noted in the medical records and can make it very difficult for an employer or adjuster to later try to claim you were not hurt on the job. If you delay in seeking treatment or in telling the employer about the accident, then adjusters and employers often will conclude your injuries were not work related.

(4) GET A COPY OF THE EMPLOYER'S POSTED PANEL OF PHYSICIANS: It is very, very important to make sure you treat with authorized doctors. Authorized doctors are normally the doctors that your employer selects prior to the worker's compensation accident that are listed on the Posted Panel Of Physicians. Georgia law normally requires that the Posted Panel contain at least six physicians with at least one orthopaedic surgeon and not more than two industrial clinics. A worker's compensation lawyer can be invaluable in assisting the claimant in his or her selection of which Posted Panel doctor to choose for the authorized treating physician. An experienced worker's compensation attorney can also be extremely valuable in have the Posted Panel invalidated if it does not meet all of the requirements under the Workers' Compensation Act. This would then allow the injured worker to select an authorized treating physician of his or her choice without being limited to the Posted Panel. If there is a valid Posted Panel and the injured worker treats out side of the posted panel, then the worker's compensation adjuster will usually not have to pay for the unauthorized treatment.

(5) BE AWARE OF POSSIBLE SURVEILLANCE: The employer and their insurance company has the right to hire a private investigator to video tape the activities of an injured worker's compensation claimant. Be aware of this as you conduct your daily activities. Sometimes a video tape can be very misleading to a worker's compensation judge if it appears that you are capable of working when you are in fact just struggling to do your daily activities. If you have any questions about adjuster's actions involving your worker's compensation, then you can submit your questions the following link: FREE CONSULTATION

(6) HIRE A WORKER'S COMPENSATION ATTORNEY AS SOON AS POSSIBLE: Since the rules and laws that govern worker's compensation claims are complex, it is very important that you consult with and hire a worker's compensation lawyers as soon as possible if you are seriously injured. Serious injuries are injuries that are likely to disable you from work for a long period of time, and or injuries that will likely require extensive medical treatment for the foreseeable future. Without a worker's compensation attorney, you are at the worker's compensation adjuster's mercy with regards to payment of your income benefits and authorization and payment of your medical treatment. Having the protection and representation of a seasoned worker's compensation lawyer also means that you have an excellent chance of receiving a fair worker's compensation settlement that will fully compensate you for your worker's compensation claim. Attorney Richard Griffin of The Griffin Law Firm, P.C. has successfully handled thousands of worker's compensation claims since 1994.

(7) KEEP ALL OF YOUR DOCTORS APPOINTMENTS: If you do not get the medical treatment you need, then you will likely not fully recover or you will at least slow down your recovery process. You also are likely to reduce the settlement value of your case if you do not get the treatment that you are in need of from the worker's compensation authorized doctors because the adjuster will likely conclude that you are not really that hurt and that you will not likely cost the worker's compensation insurer much money in the future. You should never get treatment you do not need, but you should always get the treatment you do need. Insurance adjusters will also try to suspend or stop the injured worker's income benefits (payments for lost wages) if they injured worker repeatedly misses their medical appointments. If the adjuster is refusing to authorize or pay for your worker's compensation related medical treatment, then you can use the following link to submit your for a free evaluation: FREE EVALUATION

(8) AVOID TREATING WITH PERSONAL DOCTORS: Sometimes injured worker's get frustrated with the authorized treating physician from the employer's Posted Panel Of Physicians. If this occurs, then it is a much better choice to ask your worker's compensation lawyer to assist you in exercising your right to your one free change of physicians to another Posted Panel Doctor rather than going to a personal doctor. Another option if you have received income benefits in the last 120 days is to exercise your right to a one time Claimant Independent Medical Examination (IME) with a doctor of your choice. The worker's compensation adjuster normally will not have to pay for any medical treatment with a private doctor unless it is an emergency or a Claimant Independent Medical Examination (IME). Attorney Richard Griffin, an experienced worker's compensation attorney, has been very successful in negotiating or litigating to get a change of physician to another doctor when the current authorized treating physician is no longer offering medical treatment or when another doctor has a better treatment plan that is more likely to help the injured worker recover from their injuries.

(9) DO NOT QUIT YOUR JOB: If you quit or resign from your job while you have an open worker's compensation claim you may greatly decrease the settlement value of your claim. Resignations often occurs due to pressures from the employer, but if you resign, then you will be shifting the burden to you to prove you cannot find suitable light duty work.

(10) JOB SEARCH IF YOU ARE FIRED BY YOUR EMPLOYER AND ARE ON LIGHT DUTY WORK RESTRICTIONS: If you quit or are fired while on light duty work restrictions, then you must begin a job search in order to be eligible to be paid income benefits (temporary total income benefits or temporary partial income benefits). This job search must be extensive and must involve the injured worker keeping a log or diary of the job search activity. The injured worker must also make sure to let every potential employer know that they have work restrictions from an on-the-job injury. If they fail to notify the potential employer of their work limitations, then they will not meet their burden to prove to a worker's compensation judge that they are not being hired "because" of their injuries. An experienced worker's compensation lawyer can be critical in making sure income benefits are paid when a job termination or resignation occurs. If you have recently been terminated or resigned with an open worker's compensation claim, then you should contact our office for a free consultation.

If you or someone you know has a worker's compensation claim regardless of how big or small, I strongly encourage you to call for a free consultation at 866-847-6545 or submit your case for a free settlement evaluation at the following link:
FREE SETTLEMENT EVALUATION

The consultation is free, but the information you receive about your worker's compensation claim could be priceless.

Continue reading "Georgia Worker's Compensation - Top 10 Things Injured Workers Should Do" »

IS MY WORKER'S COMPENSATION CASE SETTLED SINCE THE ADJUSTER SENT ME A CHECK?
The quick answer to this questions is almost always no. The adjuster is required to send checks to the injured worker who has a compensable claim for lost wages called income benefits and for permanent partial disability ratings (loss of use of part of the body due to the injuries). Georgia worker's compensation claims require that the worker's compensation adjuster send checks for the following:

(1) Income Benefits: These are either temporary total disability income benefits (TTD) or temporary partial disability benefit (TPD). This is to reimburse you for your lost wages. Georgia law requires that the worker's compensation insurer pay you 2/3 of your average weekly wage based on the 13 weeks prior to the date of accident. The maximum TTD comp rate is currently $500. The maximum TPD comp rate is currently $334.
[TTD is provided for under O.C.G.A. Section 34-9-261. TPD is provided for under O.C.G.A. Section 34-9-262.]

(2) Permanent Partial Disability Benefits (PPD): Georgia worker's compensation claims also require worker's compensation insurance companies to pay for the injured worker's permanent partial disability rating. This is the rating that the authorized treating physician (ATP) normally assigns when you have reached maximum medical improvement (MMI). This rating assigns the percentage of loss of use of part of your body due to your on the job injury. It should be based on the American Medical Association (AMA) Guidelines.
[OCGA Section 34-9-263]

How do I make sure the worker's compensation adjusters pays me what I am owed?
Since worker's compensation is controlled by Georgia statute and by the Board Rules, if you do not have an experienced worker's compensation lawyer, then you will not know what you are entitled to receive. Attorney Richard Griffin, a worker's compensation attorney, talks to potential clients every day and is amazed how frequently they are being under paid or having their medical treatment delayed or denied. Injured workers who do not hire a worker's compensation lawyer are at the adjuster's mercy when it comes to being paid for their lost wages, their medical treatment, and their permanent partial disability benefits. Even worse is that good worker's compensation settlements almost never occur without an experienced worker's compensation attorney working hard to protect their client's rights and to negotiate a fair settlement that fully compensates the injured worker.

FREE SETTLEMENT EVALUATION: or call at 866-847-6545 for a free consultation.

Continue reading "Georgia Worker's Compensation: Is My Case Settled If I Receive a Check" »

DO WORKER'S COMPENSATION INSURANCE COMPANIES HAVE TO SETTLE?
The Georgia law does not require a worker's compensation insurance company (the Insurer) to settle a worker's compensation claim in Georgia. This fact is difficult for some worker's compensation claimant's to hear, but it is not as bad as it may seem since worker's compensation insurers normally want to settle worker's compensation claims to close down their files and to cap their losses on the case. The problem is that worker's compensation adjusters, especially if the worker's compensation claimant is not represented by an worker's compensation attorney, will want to settle for as little money as possible. Our Georgia worker's compensation attorneys have had enormous success in maximizing the settlements of our clients since 1994.

WHAT BENEFITS DO WORKER'S COMPENSATION ADJUSTERS HAVE TO PAY?
If the Georgia worker's compensation claim is compensable (an accepted claim), then the worker's compensation insurer must pay for the following:
(1) Income Benefits For Lost Wages: (These are normally paid at 2/3 of your average weekly wage.)
(2) Medical Expenses (Only for treatment with authorized worker's compensation doctors and that is reasonably necessary and likely to help the Claimant recover)
(3) Permanent Partial Disability Benefits (payment for impairment ratings for loss of use of part of the injured claimant's body).
(4) Vocational Rehabilitation (Only for catastrophic cases).

WHY DO WORKER'S COMPENSATION CLAIMANTS NEED TO HIRE AN ATTORNEY?
Since adjusters do not have to settle, it is very important to hire a seasoned and experienced worker's compensation lawyer to make sure that the adjuster is forced to pay for all of the medical expenses, income benefits, and permanent partial disability that are due on a timely basis. If the adjuster does not pay all income benefits and authorize and pay for all authorized medical treatment, then worker's compensation attorneys can request a hearing and seek penalties and assessed attorney's fees. Another benefit of having a worker's compensation attorney is that you will know what your case is worth. You can even submit your worker's compensation claim to The Griffin Law Firm, P.C. for a free settlement evaluation. If you do not know the value of your case and do not know how to litigate your worker's compensation claim, then you are truly at the mercy of the worker's compensation adjuster. This is a very uncomfortable place to be since worker's compensation adjusters are hired to do what is in the best interest of their employers, the worker's compensation insurer. Unfortunately the money that the worker's compensation adjuster saves is often unfair and at your expense. This is why it is essential to hire an attorney who specializes in worker's compensation (not an attorney that "dabbles" in worker's compensation) so that your rights are protected and so you know your worker's compensation settlement adequately compensates you for your past and future income benefits, medical expenses, and permanent partial disability benefits.

Continue reading "Do Adjusters Have To Settle Georgia Worker's Compensation Claims?" »

Can a person injured in an accident in Georgia have both a worker's compensation claim and a personal injury claim? Yes. Georgia personal injury lawyers and Georgia worker's compensation lawyers should always evaluate the accident to see if both personal injury and worker's compensation claims exist. Atlanta worker's compensation attorney, Richard Griffin, stated, "if a worker is injured on the job and the accident was caused by the negligence of a third party, then you can have both a worker's compensation claim and a personal injury claim. The easiest example would be a truck driver that is involved in a truck accident due to the negligence of another driver who is not a co-worker. If the truck driver is an employee and is on the job when the motor vehicle accident occurs, then he or she has a worker's compensation claim against his or her employer and their worker's compensation insurance company. The truck driver would then also have a personal injury claim against the negligent driver for his or her medical expenses, lost wages, pain and suffering, and punitive damages (examples DUI, hit and run, etc.). Under Georgia Worker's Compensation laws, the injured worker or worker's compensation claimant could seek treatment with worker's compensation doctors and have his or her worker's compensation related treatment paid for as the treatment is provided. Lost wages under worker's compensation are paid as you go in the form of temporary total income benefits and temporary partial disability benefits.

Georgia law provides for worker's compensation to be the "exclusive remedy" employees have against their employers. However, this "exclusive remedy" does not apply to people who are not co-workers or the injured victim's employer.

Attorney Richard Griffin of Firm, The Griffin Law, P.C. stated that it is very important that you seek the advice (free consultation) of an Atlanta worker's compensation lawyer and an Atlanta personal injury lawyers as soon as possible after you are injured. In this way you can learn about your rights and can understand what actions need to be taken to protect and process your Atlanta personal injury claims and Atlanta Worker's Compensation Claims.

Continue reading "Can you have Worker's Compensation Claims and Personal Injury Claims From the Same Accident?" »

If you have a worker's compensation claim, then selecting the right Atlanta worker's compensation attorney is probably the most important decision you will make. A great Georgia worker's compensation lawyer will help in the following ways:

(1) Take the pressure off of the injured worker and answer all of their legal questions;
(2) Make sure the injured worker’s medical treatment is authorized;
(3) Make sure the injured worker’s medical treatment is paid for by the adjuster;
(4) Make sure the injured worker receives all of the income benefits (lost wages) they are entitled to receive;
(5) Make sure the injured worker is paid for the permanent impairment benefits (permanent loss of use) that they are entitled to receive; and
(6) Negotiate a lump sum worker’s compensation settlement that fully compensates the injured worker for his or her worker’s compensation claim.

The worker’s compensation laws and workers' compensation rules are complicated. Worker’s without representation are at the mercy of the adjuster without knowing what their rights are. Great worker’s compensation attorneys do not the adjuster off the hook. Rather great worker’s compensation lawyers will file motions and request hearings aggressively to make sure that the injured worker’s rights are protected and benefits are paid. This is what is also required in creating the pressure needed on the worker’s compensation insurer so that they will agree to pay lump sum settlements that are fair and reasonable. Injured workers who are not represented are completely in the dark in any settlement negotiations with the adjuster since they do not understand what the true value is for their worker’s compensation claim. Great lump sum settlements do not happen by accident and do not usually fall into the lap of an injured worker who does not have the protection of a great worker’s compensation attorney.

It is clear that all workers who are seriously injured and who are disabled from work need a great worker’s compensation lawyer. However, it is important to realize that not all worker's compensation lawyers have the same level of experience, work ethic, commitment, and resources to obtain the great settlement that you deserve.

So how can you make sure you are hiring the best possible worker compensation attorney for your case? Atlanta worker's compensation lawyer, Richard Griffin, says that firm reviews or client testimonials from former clients can be extremely helpful when you are deciding which worker's compensation attorney to hire. Client reviews and testimonials can often be found on the website of law firm or at the firm’s listings on Yahoo, Google, and other directories. Atlanta worker's compensation attorney Richard Griffin "believes that the outstanding growth and success of his law firm (The Griffin Law Firm, P.C.) has been due to his commitment to providing great customer service". It is easy to see from the client testimonials on our website and the reviews of our firm on Yahoo and Google that our past clients are very satisfied with our worker’s compensation representation. It has always been our mission to provide our clients with great representation and to always keep our clients fully informed. Great results (great settlements) are perhaps the most important factor in creating outstanding client satisfaction. Happy clients will send everyone they know to their attorney because they only want the best for their family and friends who have worker's compensation claims. However, it is even more likely that unhappy clients will tell even more people about a law firm or lawyer that they did not feel adequately represented their claims.

Continue reading "Client Reviews Help You Find Great Worker's Compensation Attorneys" »

When an injured worker is hurt on the job, he or she may have a worker's compensation claim. To have a valid worker's compensation claim, you must be injured by accident arising out of and in the course of your employment. This normally means that you were on the clock doing your job duties for your employer when the accident occurred.

Injured worker's with compensable claims are entitled to income benefits for their lost wages, medical expenses when treating with authorized worker's compensation doctors, and permanent partial disability benefits for permanent loss of use of one's body.

When an injured worker is on no work status, then he or she would normally be entitled to temporary total disability benefits. If an injured worker is terminated or resigns while on light duty, then he or she is required to conduct a job search for suitable light duty work. This burden was created in the Maloney vs. Gordon County Farms, 265 Ga. 825 (1995). This case puts the burden of proof on the injured worker to prove that the inability to earn a living was the result of a compensable injury rather than other factors such as no one is hiring. The burden requires the Claimant to make a "diligent yet unsuccessful attempt to find suitable employment".

It is not enough for the injured worker to simply look for work. He or she must also tell potential employers that they speak to about potential job openings that they have been injured on the job and currently have light duty work restrictions. If you do not tell the potential employers that they have work restrictions, then the job search is usually held to be insufficient in proving that the injured worker was not hired due to his or her work injuries and restrictions.

There are many complex issues surrounding on the job injury claims. Our firm has extensive experience in worker's compensation and has successfully handled thousands of worker's compensation claims. Injured worker's need the protection of experienced worker's compensation attorneys. If we accept your case, then there are no out of pocket expenses and the attorney fee is 25% of the amount recovered. This creates a win / win scenario in which injured worker's can have their rights protected and obtain the worker's compensation settlements that they deserve.

Continue reading "When Do Worker's Compensation Claimants Have to Conduct A Job Search?" »

When you are looking for a lawyer for your personal injury, worker's compensation, wrongful death, or social security disability claim you need someone you can trust. You need a law firm that will work hard for you, that will keep you informed, that are honest, and that will get you great results. You need a law firm that will treat you like family while fighting to make sure you recover all that you deserve.

I have good news for you! The Griffin Law Firm, P.C. is the law firm that you are looking for and need. Our firm can get the full settlement that you are entitled to while providing the customer service deserve. We can prove that our client's love our representation by the client testimonials that they provide. I have listed some of our client's testimonials below:

(1) "The Griffin Law Firm was honest, hard working, and treated me like a trusted friend. We had our day in court and justice was done. I was very pleased with the outcome."
-Leon King, former client 08/21/08

(5) The way they handled every detail in the case and never once did I have to do any foot work myself. All details were taken care of by the Firm."
* Would you recommend The Griffin Law Firm to a friend who needed an attorney?
"Yes". C. Dunlap, 08/31/07

The Griffin Law Firm, P.C. has Atlanta personal injury lawyers, Atlanta worker's compensation lawyers, Atlanta social security disability lawyers, and Atlanta wrongful death lawyers.

For even more Client Testimonials visit our website at www.griffinlawfirmpc.com.

We also encourage you to utilize our legal videos that can be found at our Media Center on our website.

Call us today at 866-847-6545 or visit our website at www.injuryatlanta.com to have your legal questions answered and to have a free settlement evaluation. We are honest, reliable, hard working, and the law firm that will treat you like you are family.

What does it take to have a worker's compensation claim that is worth more than $100,000? Typically these injured worker's have injures that are of a permanent nature that prevent them from performing any type of work that they are trained to do. These injured workers often have undergone surgeries on their necks, backs, hips, shoulders, and knees. Often these claimants never fully recover from their injuries and often require on going treatment for the foreseeable future. Some of these injuries unfortunately result in permanent injuries which negatively impact the injured worker for the rest of his life.

For non-catastrophic cases the injured claimant is only entitled to weekly income benefits for 400 weeks from the date of accident. For Catastrophic cases the injured worker is entitled to weekly income benefits for the rest of their working life.

Our firm, The Griffin Law Firm, has had the privilege of representing thousands and thousands of worker's compensation claimants over the years. This has resulted in our developing a real expertise in the field of worker's compensation. The worker's compensation attorneys at The Griffin Law Firm, P.C. have successfully negotiated many huge lump sum settlements. These worker's compensation settlements include hundreds of settlements of more than $100,000. Our worker's compensation attorneys have even recovered worker's compensation settlements of $638,000.00, $575,000.00, and $425,000.00. The settlement value of any case is always very fact specific. Therefore, injured worker's should always consult with an experienced worker's compensation attorney who specializes in worker's compensation. The factors that determine the value include how much exposure the Employer and their worker's compensation insurance company have to medical expenses, income benefits, and permanent partial disability benefits. Huge settlements do not happen by accident and usually result from the efforts of hard working and experienced attorneys.

Worker's compensation claims are time sensitive so I strongly encourage you to call us for a free worker's compensation claim evaluation as soon after your on the job accident as possible. There are deadlines for filing your WC-14 Notice of Claim with the State Board of Workers' Compensation. There are also deadlines for getting mileage reimbursed, medical bills paid of one year from the date the mileage or bill was incurred. You also must continue to treat with worker's compensation doctors or after one year your claim may be barred.

Every case is different, but our firm's commitment to providing you the best legal representation never changes. Call The Griffin Law Firm, P.C. at 866-847-6545 for a free consultation or for a free settlement evaluation. Do not go it alone. Call us for help today.

I receive calls every day from people who have been seriously injured while working on the job. It is important to understand that not every on the job accident in Georgia results in a compensable worker's compensation claim.

To have a valid worker's compensation claim in Georgia the injured worker must have an "injury by accident which arises out of and in the course of his or her employment" per the Worker's Compensation Act of Georgia. The "injury by accident" requirement requires that the injury be due to an accident and not due to the horse play of the employee or due to a personal assault that is due to personal reasons.

The on the job accident must also be "arising out of" the employment which means that the accident occurred while the client was performing his job duties or doing something which benefits the employer.

The on the job accident must also be "in the course of" which usually means that the accident occurred during the work day or while the employee was on the clock. There are many exceptions to this which include accidents which occur while an employee is entering or leaving the work place, traveling salesman, etc.

There is also a requirement that the injured worker be an employee and not an independent contractor. A worker is usually an employee if:
(1) the worker receives a W-2 (payroll taxes are withheld);
(2) the worker has set hours;
(3) there is an contract of employment;
(4) the worker has worked for the same employer for a long time;
(5) the worker does not work for anyone else;
(6) the worker is usually paid by the hour and not by the job;
(7) the employer controls the time, means, and manner of the employment.

The worker is usually an independent contractor when:
(1) the worker receives a 1099 tax for where payroll taxes were not withheld;
(2) the worker uses his own equipment or tools;
(3) the worker has a specific trade or skill;
(4) the worker works for many different companies;
(5) the worker has employees or assistants of his own;
(6) the worker is paid per project rather than by the hour.
(7) the worker sets their own schedule and controls when, where and how the job is performed.

There is also a requirement that the employer have at least three employees for worker's compensation to cover the claim.

The only way to know for sure if you have a compensable worker's compensation claim is to call an attorney who specializes in worker's compensation. We strongly recommend that you contact our firm, The Griffin Law Firm, P.C. at 866-847-6545 for a free consultation. If we accept your case, then we will fight to make sure your rights are protected. Having our representation can make all of the difference in making sure you get all of the medical treatment you need. We will also make sure you are paid the income benefits you are entitled to for your lost wages and your permanent partial disability benefits for any permanent loss of use of your body. The most important benefit in hiring us is that we will fight for a worker's compensation settlement that will fully compensate you for your worker's compensation injuries.

Richard Griffin, Attorney [866-847-6545]
The Griffin Law Firm, P.C. [http://griffinlawfirmpc.com]

My name is Attorney Richard S. Griffin http://www.griffinlawfirmpc.com/lawyer-attorney-1282309.html. My Atlanta personal injury law firm, The Griffin Law Firm, P.C, specialize in handling personal injury, wrongful death, worker’s compensationhttp://www.griffinlawfirmpc.com/lawyer-attorney-1282786.html, and social security disability claimshttp://www.griffinlawfirmpc.com/lawyer-attorney-1282782.html. My firm has successfully handled thousands of injury claims and have recovered millions of dollars for our clients. Every case is different, but our commitment remains the same to make sure you have the best possible legal representation. Please visit our website at www.griffinlawfirmpc.com.

In this blog I will evaluate legal issues of interest to me. I am also always willing to provide a free legal consultation about potential injury claims that you may have. I can be reached at 404-303-8400 or at www.griffinlawfirmpc.com or email to richard@griffinlawfirmpc.com.
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