What is an industrial or occupational disease?
Any chronic condition or sickness that occurs as a result of your occupation or work activity is referred to as an industrial or occupational disease. It is one of the facets of occupational health and safety and is usually identified when it occurs more prevalently in a specific group of employees rather than in the general population. Industrial or occupational diseases do not include hazards that are traumatic in nature, such as when a construction worker falls from the upper story of a structure.
In most jurisdictions, where worker’s compensation laws are concerned, it is often the case that specific diseases result from the worker being in a particular work environment. Therefore, the burden of proof falls on the employer or their insurance company to prove that the condition resulted from other causes and not the job. Some of the more common industrial or occupational diseases include:
- Lung diseases – e.g. asbestosis or occupational asthma resulting from inhalation
- Skin diseases – e.g. eczema or skin cancer resulting from chemical exposure or having wet hands over long periods of time
- Other diseases – e.g. carpal tunnel or lead poisoning
Regardless of the type of industrial or occupational disease you succumb to, you will most likely be entitled to worker’s compensation benefits.
Other industrial/occupational disease concerns
In recent years, there have been numerous worker’s compensation cases arising from more specific industrial/occupational diseases. The following are now becoming more prevalent in the workplace:
Asbestosis and Mesothelioma – both of these concern the inhalation of asbestos fibers and particles over prolonged periods of time. Asbestosis is medical condition that is a chronic fibrotic and inflammatory lung condition. It is classified therefore classified as an industrial/occupational lung disease. Prolonged exposure to asbestos evolves into very serious diseases such as lung cancer and/or mesothelioma.
Mesothelioma is another industrial/occupational lung disease and a rare type of lung cancer and develops from many of the internal organs’ protective linings. It is typically caused by prolonged exposure to asbestos but is most commonly found in:
- The internal chest wall and outer lung lining (pleura)
- The abdominal cavity lining (peritoneum)
- The sac surrounding the heart (pericardium)
Immune system damage – typically occurs as a result of being exposed to toxins. A primary example of this would be lead or mercury poisoning.
RSI’s or Repetitive Strain Injuries – also referred to as repetitive motion or repetitive stress injuries, these are typically injuries to the musculoskeletal and nervous systems. They can be caused by:
- forceful exertions
- mechanical compression
- repetitive tasks
- sustained awkward positions
- vibrations
Here at Ginsberg Law Offices, we handle workers’ comp claims arising from occupational or industrial diseases. If you suffer from such a condition due to your job, we welcome you to contact us by filling out the Free Case Review form found on this website.
Filed under Industrial/Occupational Diseases, Workers' Compensation Information by on Aug 13th, 2010. Comment. 
Basic worker’s comp benefits
Whenever you are injured on the job, you are entitled to receive worker’s compensation benefits. The value of these benefits will usually depend on the amount of money you were earning at the time the injury occurred as well as the amount of permanent damage that has been done to the wage earning capacity of the employee. The key differences between worker’s compensation and personal injury cases are that you cannot collect for pain and suffering with worker’s comp cases, nor can you sue your employer.
As mentioned, the recovery is based on lost wage earning potential, and the worker’s compensation attorney’s role in the matter is to ensure that every possible recovery element is taken into consideration. Worker’s compensation cash benefits are typically classified into 3 categories:
- Permanent Partial Disability or PPD
- Total Partial Disability or TPD
- Temporary Total Disability or TTD
Additionally, you will be entitled to medical care and treatment at your employer’s expense. These benefits are typically based on the employee’s average weekly wage or AWW as it is referred to more commonly. As we have already discussed TTD benefits on this blog, today we want to focus on PPD and TPD benefits.
What are the differences between the two?
PPD benefits are not based on your earning capacity but rather on a formula regarding the percentage of impairment that your injury has resulted in. This is determined by:
- the percentage of impairment the injury has caused (not wage earning capacity)
- the part of your body that has been injured and impaired
- the rate of your compensation
Even if you have not lost any wages or missed any workdays, you may still be entitled to PPD benefits. However, if you have been receiving TPD or TTD benefits, you will not start getting PPD benefits until either of the other two has stopped being paid.
On the other hand, TPD benefits apply to a situation where you have not been totally disabled and can still work, but your earning capacity has been impaired. In other words, if you can no longer earn the wages you were receiving before the injury occurred, you will most likely be entitled to TPD benefits. These benefits will be equal to 2/3 of the difference between what you were earning before and then after the injury with the maximum benefit being $334 per week. Additionally, the longest period of time that you can receive TPD benefits is 350 weeks after the injury.
Filed under PPD Benefits, TPD Benefits, Workers' Comp Benefits by on Aug 5th, 2010. Comment.
What is the Georgia Worker’s Compensation Act?
The Worker’s Compensation Act of Georgia provides immediate income benefits and medical care for any employee who is injured on the job anywhere in the state. Additionally, it fixes the amount of those benefits that an employer is responsible for paying. Originally adopted in 1920, it is known as the Official Code of Georgia Annotated, Title 34, Chapter 9. However, the historical origins of Workers’ Compensation legislation in the US are worth mentioning here.
The passing of the Georgia Workers’ Compensation Act resulted from not only a national movement but an international one as well. The first workers’ compensation system was developed in Germany in 1884, and the UK followed suit in 1897. In America, it stemmed from the Progressive Movement and was established in Georgia as a result of the US becoming more industrialized from the late 19th to early 20th centuries. Unfortunately, under the original system, most workers’ comp claims would fail due to too many legal obstacles encountered in the process. Thankfully things have changed since the early days, and the workers’ comp system in Georgia is set up with the employee in mind.
The Georgia State Board
You will notice when you read the different articles and blogs at our workers’ comp attorney website that we oftentimes refer to the Georgia State Board of Workers’ Compensation. This is because we feel it is an invaluable and useful resource. The importance of the state board is that it functions as the legal system where workers’ compensation claims in the state of Georgia are concerned. The Georgia state legislature created the state board and employs a number of different forms which you oftentimes see in either the Georgia State courts or Georgia Superior court.
Despite the fact that the language at the Georgia State Board’s website is geared more towards attorneys, employers, and insurance companies rather than laypeople, it contains some extremely valuable information that you could benefit from. Should you visit their website, we recommend that you look at the FAQ section they have posted there and composed for the injured employee’s benefit. Although there is a section there for the employer as well, the injured employee can benefit from the information there as well.
Additionally, it is a good idea that you go through the section that lists and discusses the different forms involved with workers’ compensation claims and proceedings. These are the only acceptable and official forms that attorneys, employers, and insurance companies must use where any workers’ compensation claims are concerned. If you need further assistance or have any questions, please contact us by filling out the Free Case Review form found on this website.
Filed under Georgia Workers' Compensation Law, Workers' Compensation Information by on Jul 30th, 2010. Comment.
A difference in the two laws
The primary differences between Workers’ Comp and Personal Injury lies within the state laws associated with each. Workers’ Compensation laws apply to those employees who have incurred on-the-job injuries. On the other hand, Personal Injury laws as well as wrongful death laws apply to anyone who is injured as a result of another’s actions or inactions. However, there are other key differences in the different sets of laws.
For instance, any injured employee is entitled to Workers’ Comp benefits regardless of whom or what was responsible for the injury. Where Personal Injury is the issue, in order to be awarded “damages” in such a case, the person who is injured has to prove that certain elements caused the injury. These include:
- That the injury resulted from an intentional act
- That the injury resulted from the negligence of another
- That either of the above caused the damages/personal injury
Additionally, they must also correlate this with the amount of damages being asked for as a means for settlement for the injuries incurred. In workers’ comp, on the other hand, as long as you were injured on the job, you don’t have to worry about proving what caused the injury or whose fault it is.
Other key differences
Another key factor that you need to be aware of where the differences between Worker’s Comp and Personal Injury cases are concerned is that state Worker’s Compensation laws prohibit the injured employee from suing their employer. This is because it is known as a “no-fault” system, which means that when you are injured at your place of work, you are entitled to Worker’s Compensation benefits regardless of fault. It could be your own fault, your bosses fault, or the machine’s fault; whatever it is, you are entitled to benefits.
Conversely, the only way that you can receive be awarded damages in a Personal Injury case is to sue the responsible party and/or their insurer, depending on how the injury resulted. So Worker’s Compensation is the injured employee’s exclusive remedy for the injury incurred. However, if a fellow employee was responsible for your injuries at work, you can implement a Personal Injury lawsuit against them as well. This is known as a third-party liability claim.
Finally, there are certain limitations to Worker’s Compensation benefits in that you are compensated for disability payments, lost income, medical expenses, and retaining your benefits. On the other hand, personal injury settlements can be rather unlimited depending on the nature of the injury.
The need for an experienced attorney
In either of the above scenarios, the best course of action you can take from the beginning is to consult with an experienced Personal Injury or Worker’s Compensation attorney. The right attorney can help you every step of the way in either type of case and will strive to see that you are awarded the benefits or the damages that you deserve and need. Here at Ginsberg Law Offices, we handle both personal injury and workers’ comp claims, so contact us if you have questions about either situation.
Filed under Georgia Workers' Compensation Law, Workers' Compensation Information by on Jul 23rd, 2010. Comment.
How much is your Worker’s Comp case worth?
As experienced and qualified Worker’s Compensation attorneys, we are frequently asked two very important questions – namely, “what is the value of my case?” and “when can I expect a settlement?” Truthfully, these are difficult questions to answer without having had an opportunity explore the client’s file and all of the medical records contained therein. There are so many different factors involved in a workers’ comp case that there is no one answer to these questions.
If the Worker’s Compensation attorney that you consult with begins to throw dates and figures out on the table and is not up front with you about the factors involved, they are giving you the wrong idea. As an example of what we mean, let’s assume that you needed to take your vehicle to a repair mechanic for a weird problem. Before ever driving it or testing it, they diagnosed what the issue was and gave you a repair estimate without ever getting behind the wheel and taking it for a test drive or even running the slightest diagnostics. Would you accept that?
What we look for when opening your file
The first thing we look at is medical evidence regarding the injury. In most cases, though, the medical documentation our clients bring to us has not been completed. Oftentimes, there has been no significant testing performed in order to reveal what the injury entails, such as a CT scan, an MRI, or even x-rays. As your attorney, we help get the medical records you need as well as the treatment and appropriate testing. Once we have all appropriate medical records and treatment records, we start developing estimates regarding future medical care costs. Tests regarding your injury are very important; test results like MRI results and xrays are seen by Judges as objective evidence regarding your case.
For instance, a generalized pain syndrome will have far less of an impact on your Worker’s Compensation case than actual evidence of a broken bone or a disk that is herniated. This is especially true where impacting the value of your settlement is concerned. We also look for who the authorized treating physician is and whether or not they are more conservative when evaluating your case. You need to realize that if the treating physician is prone to releasing you and letting you return to the job without any restrictions, that this could impact the value of your settlement.
A third thing we look for is how your case is being handled by the employer and/or its insurer. Have you received the benefits you deserve thus far, or have you been taken advantage of? As your attorney, we make sure you get every cent and every bit of medical treatment that you are entitled to under workers’ comp. What you are receiving also obviously plays a role in what we determine to be a fair settlement value.
Finally, what most claimants fail to realize is the severity of their injuries. You might think that the intense pain you are feeling in your back is associated with the ache you are experiencing in you heel. However, in the future, when that heel pain results in the difficulty or the inability to walk normally, it will have more of a long-range impact on you. What you need to realize is that you need an experienced Worker’s Compensation attorney who has seen cases like yours before and can help you determine just what is wrong with you. We use our expertise to help you realize what your injuries mean, and we use this knowledge to assist you where proposing a settlement for you injuries is concerned.
Filed under Hiring an Attorney, Workers' Comp Settlements by on Jul 16th, 2010. Comment.
A word about the AMA
The AMA or American Medical Association was originally founded in the mid-1800s and was incorporated 50 years later in 1897. It is the United States’ largest association of medical students as well as physicians. Approximately 22% of all the members of these two groups belong to the AMA despite a declining membership in recent years. The mission of the organization is to promote the art and the science of medical treatment and medicine as well as being a means of:
- Advancing the interests of both physicians and their patients
- Lobbying for favorable legislation for these physicians and their patients
- Raising money for medical education
- Promoting the public’s health
Additionally, $1 million is provided annually as tuition assistance to those students who are financially needy.
The importance of the AMA’s disability guidelines
As experienced Workers’ Compensation attorneys, we are oftentimes asked how we know when a case is ready to proceed to the settlement phase. The judgment is comprised of a number of important factors. The AMA’s disability guidelines are viewed as a physician’s required framework for assigning disability ratings to Workers’ Comp claimants.
The guidelines were designed and developed to assist physicians in the objective evaluation of the injuries and limitations resulting from those injuries of the claimant. There is a wide array of body systems that the AMA guidelines currently address including the following:
- Cardiovascular system
- Immune system
- Musculoskeletal system
These guidelines are used in Workers’ Compensation cases in the state of Georgia. A physician will assign a disability rating, and this disability rating will play a role in the workers’ comp case. It will sometimes effect the amount of benefits received, and it will sometimes influence the time of settlement. We often try to settle cases once a disability rating has been assigned and your doctor has said that you have reached “maximum medical improvement.”
Applications in a Workers’ Comp case
There are certain instances when we will challenge a disability rating’s validity if we feel that the physician who has conducted the evaluation has used too much subjectivity in the evaluating process. It follows suit that the more serious the injury to the claimant is and uncertainty regarding the future of the claimant, the higher that disability is going to be. Additionally, once that claimant is approaching what is referred to as the “maximum medical improvement,” this is the point in time when it may be wise to settle your workers’ comp case.
Once your physician begins to discuss issuing a disability rating, this is the point in time when having an experienced Worker’s Compensation attorney on your side can benefit you the most. For more information on how we can assist you with your Worker’s Comp claim and case, or to answer any further questions, please feel free to contact us.
Filed under Workers' Comp Settlements, Workers' Compensation Information by on Jul 8th, 2010. Comment.
What are catastrophic injuries?
Depending on the nature of your on-the-job injury, you are entitled to certain benefits that Worker’s Compensation insurance provides for you as the injured employee. Typically, on-the-job injuries are categorized as either being “catastrophic” or “non-catastrophic.” Here are a few accepted categories of catastrophic injuries:
- Severe paralysis
- Severe head injuries
- Severe burns
- Blindness
- Any type of injury which prevents you from performing your normal job responsibilities or some other job with another employer
In the state of Georgia, you are usually compensated at a rate of 2/3 of your average weekly wage up to a $500 per week maximum for the entire period of time that you are not able to perform your job. Additionally, Worker’s Compensation Insurance ensures that you receive ongoing medical care if that is necessary as well as any rehabilitative and vocational benefits.
Evaluating the nature of a catastrophic injury claim
As experienced Worker’s Compensation attorneys, we have developed a specific checklist in order to evaluate what your catastrophic injury claim is worth. Here are some key factors that we take into consideration:
- How much medical attention will be required in the future?
- Will you need corrective surgery in the future?
- Are modifications to your home going to be necessary in order to accommodate you?
- Will you need to modify your vehicle or perhaps purchase a new one that will accommodate your needs?
- Are you going to need in-home health care?
- What does the “Medicare Set Aside” provide you with?
- As far as any post-settlement living expenses are concerned, what will Social Security provide you with?
- Would it be in your best interests to receive a structured settlement?
- Is settling in the beginning the best idea? In some cases, continuing to receive Worker’s Compensation benefits for months or even years is the best course of action.
There are other factors that we consider as well, but this list just gives you an idea of all the things we as your attorneys think about when you are trying to settle your catastrophic injury claim. Our goal is to ensure that you receive the maximum settlement possible given your condition and all of its ramifications.
Filed under Catastrophic Injuries, Workers' Comp Settlements by on Jun 30th, 2010. Comment.
Definition of “light duty” where your job is concerned
“Light duty” is a terminology that refers to the amount or work performance capacity you have when returning to the job after an injury. In some instances, a physician will release you from medical care if they feel that you have sufficiently recovered from your injuries, but do not have the full capacity to perform your work duties 100%. It is also defined as not being designed for “heavy” work.
Without a doubt, the biggest challenge or “trap” that you could encounter where Worker’s Compensation cases are concerned relates to returning to your job after you have incurred an on-the-job injury. This is one of the key reasons why you should consider hiring the services of an experienced Worker’s Compensation attorney; a lawyer can help you avoid what we call the “returning to work trap.”
Where is this “trap” typically encountered?
Usually, the return-to-work trap is encountered when you return to your job after incurring an injury and have failed to fill out the WC-240 form. What can happen is this: You have been receiving weekly TTD benefits and then you return to work without the WC-240 form. Well, if you end up not being able to perform that work activity and then have to leave, you can be in big trouble and your TTD benefits can potentially cease.
You will have to request a hearing if your employer does not restart your benefits voluntarily. Unfortunately, should this happen, you could be waiting up to 3 months for that hearing in order to get your benefits started again. On the other hand, should you return to your job with your WC-240 and you cannot perform your normal duties, your TTD benefits will resume immediately. This is why the WC-240 form is so important when returning to work on light duty.
What exactly is the WC-240 form?
This is a state Worker’s Compensation form that defines specific light duty descriptions. The WC-240 form typically includes the following information:
- Name and other contact information regarding a supervisor
- Specific limitations on your work activities according to your authorized treating physician
- The rate of pay for a light duty work return
- Your light duty return-to-work start date
What you want to remember is that if you return to your job under light duty conditions and cannot perform your job responsibilities, you want to notify your employer or supervisor immediately and return home. Your TTD benefits will automatically start back up again as long as you had the WC-240. As we mentioned above, this is just another key reason for consulting with an experienced Worker’s Compensation attorney in order to assist you with your situation.
Filed under Common Mistakes, Returning to Work, Workers' Comp - Helpful Tips by on Jun 17th, 2010. Comment.
What is TTD and what are TTD benefits?
One of the legal terms that you oftentimes hear in Worker’s Compensation cases is TTD or Temporary Total Disability. TTD benefits are one of the three types of cash benefits available to the injured worker. The other 2 types are (Permanent Partial Disability) and TPD (Total Partial Disability), both of which will be described in further detail in future posts.
With TTD benefits, the recovery the claimant receives is strictly based on lost wage earning potential of the injured employee. An experienced Worker’s Compensation attorney’s responsibility to the client is to ensure that your TTD benefits are properly calculated, and that you get the maximum recovery to make up for lost wages due to your accident.
What is TTD based on?
Remember first and foremost that any Worker’s Compensation benefits are based initially on AWW or Average Weekly Wage. The AWW will then be applied to the type of benefits that the employee is entitled to and is computed by determining the average earnings for a 13-week period prior to the injury occurring. The figure includes:
- clothing allowances
- hourly pay
- lodging allowances
- meal allowances
- salary
- year-end bonuses
Depending on what you earned during that 13-week period mentioned above, the calculation could wind up benefiting you or it could set your wage unfairly lower than what you may be thinking it should be.
If your on-the-job injury resulted in your total disability, you will be entitled to TTD. These benefits typically total 2/3 of your AWW with a maximum benefit of $500 per week. Also, there is a 400-week maximum TTD benefits period unless you have incurred what is referred to as a catastrophic injury. Those types of injuries are not subject the 400-week maximum benefits period and include the following:
- Amputations of an appendage
- Brain injury
- Paralysis
- Severe neurological disorders
- Total blindness
Being disabled from work does not necessarily imply that you are 100% physically disabled. However, it does mean that you have a 100% wage earning capacity impairment. Finally, if you can only perform light duty on the job and your employer cannot or won’t accept that, you may still be afforded TTD benefits.
Filed under TTD Benefits, Workers' Comp Benefits by on Jun 10th, 2010. Comment.
What is malingering and what does it mean to be a malingerer?
The medical term for the exaggeration or fabrication of mental or physical symptoms for the purposes of secondary gain, usual financial in nature and oftentimes fraudulent, is known as “malingering.” The person who is malingering is a “malingerer” and does so in order to:
- Attract attention or sympathy
- Avoid military service
- Avoid school
- Get a lighter criminal sentence
- Obtain prescription drugs
In legal terms, malingering is oftentimes referred to as either “fabricated mental illness” or “feigned madness.” The most commonly feigned symptoms of malingering include:
- CFS – Chronic Fatigue Syndrome
- Chronic pain
- Fibromyalgia
- Mild head injuries
The failure of the US healthcare system to differentiate between true illnesses (mental and physical) and actual malingering has created an immense economic and financial burden on the country. Additionally, where the population of patients is concerned, it has created substantial suffering on individuals who are truly ill.
The impact of malingering on Worker’s Comp cases
Should evidence of malingering appear anywhere in your medical records, it can cause you significant problems with your Worker’s Compensation case. Most judges will disregard a large portion of your testimony and have an unfavorable view of you and your case if they feel that you are a malingerer. To them, it suggests that since you lied about past circumstances, you could be lying with your Worker’s Comp claim, and they will rarely award any benefits to you if they feel you are not being honest.
There are typically 4 different tests that physicians, psychologists, and psychiatrists conduct in order to discover if you are malingering. These include:
- Effort Tests – “capability” scores appear too low compared to prior test results
- Pain Scales – is there a disagreement between clinical or diagnostic evidence compared to the pain you are identifying?
- Symptom Endorsement – are your symptoms inconsistent with the actual diagnosis or have you been identifying too many symptoms?
- Waddell’s Signs – physical actions that shouldn’t be causing any pain but complaints are elicited
Unfortunately for you, if you are being suspected of malingering, your medical professional will not let you know that you are being tested for it. The bottom line is that you need to be totally honest when filing your Worker’s Compensation claim and establish a client-physician relationship that is founded in trust, not deceit. The same applies to your workers’ compensation attorney, who you must be truthful with if you want the most favorable outcome in your case.
Filed under Common Mistakes, Workers' Compensation Information by on Jun 3rd, 2010. Comment.
