IT WASN'T MY FAULT (who should pay for your car repairs)

In car accident cases there are two separate types of damages, property and personal. One does not affect the other so if you accept money from the other driver's insurance company to pay for your car repair it has no effect on your personal injury claim. Insurance companies generally want to settle cases quickly, so you should get your car repair check quickly. If not, you can have your own car insurance pay for your repairs and they will go after the other driver's insurer. Your own insurer might deny paying for the repair for you at first, but if you hassle them enough they normally give in.

IMEs Discredited By Judge

In the recent case of Toth v. INA a judge granted the plaintiffs motion for summary judgment based on the fact that CIGNA's "Independant Medical Examination" team, made didn't offer any evidence to back up their opinions of non-disability other than pointing out that the plaintiff's treating doctors lacked objective evidence.

In a lot of these cases one of the major problems is that many debilitating medical problems are beyond current means of objective testing. The insurance doctors, such as CIGNA's, use this fact to claim that there is no evidence of disability, when in reality the level of evidence they want is unattainable with current medical technology.

In this case, the judge decided that this was not good enough for CIGNA to deny benefits and that the overwhelming record from the treating physicians was more than enough to justify benefits despite that much of it was based on "self-reports" from the plaintiff. This ruling recognizes the impossibility of attaining a certain level of proof that insurance companies claim as "necessary" for granting benefits.

Experience

How to choose Atlanta Motorcycle Accident Attorney

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"Why should it matter if your attorney is an
active cyclist?

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The reply...

Because it is all about understanding your motorcycle accident, and being able to explain that to a jury of your peers… "who don't ride."

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Attorney Russell Keener
has been riding
motorcycles for over
35 years.

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At the very least, you should consult with an attorney that understands most motorcycle accidents actually occur as a result of senseless negligence and reckless actions of a motor vehicle driver.
" ...you have legal rights to protect... "

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Consultations with Georgia motorcycle accident attorney, Mr. Keener
are free of charge. Mr. Keener works only on a contingency fee basis, where the client is not obligated to pay fees or costs until you receive money.

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In determining if we are the best Georgia law firm for you, contact Mr. Keener
toll free (888)544-8364, and you will speak directly with Mr. Keener. All calls and inquires will be responded to quickly, professionally and personally.

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When you need a personal injury lawyer who will aggressively pursue the maximum compensation to which you are entitled, call The Keener Law Firm at 770-955-3000 to arrange a no cost, no obligation consultation and assessment of your case.

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We are available for home and hospital visits.

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Contact us about your personal injury matter.

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Actively serving:Marietta, Georgia Rome, Georgia Chatsworth, Georgia Dalton, Georgia Cumming, Georgia

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Keener Law Firm
640 Village Trace
Building 16-A
Marietta, Georgia
30067

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Atlanta Georgia Airport Injury

Hazardous Employment:
One of our nations leading newspapers recently ran a featured article documenting airport baggage screeners and the extraordinarily high rate of injuries that they suffer in the course of their work. Approximately one out of every four workers reports an injury and one out of 8 workers has an injury that requires lost time. This makes bag screening and bag handling some of the nation's most hazardous jobs.

Atlanta Hartsfield Jackson Airport
Injured workers at Atlanta’s popular Hartsfield Jackson Airport, more than two-thirds of whom are screeners, missed nearly a quarter-million days of work last year. The lost job time has contributed to a staffing shortage that has strained checkpoint security and lengthened lines.TSA employees injured on the job missed work at five times the rate of the rest of the federal workforce. They were injured four times as often as construction-industry workers and seven times as often as miners.

INJURIES INCLUDE:

• Sprains resulting from lifting and carrying heavy bags
• Amputations and Paralysis
• Brain injury
• Head injuries
• Lacerations and scarring
• Shoulder and arm injury
• Whiplash and tissue injury
• Broken bones and fractures
• Eye injuries
• Neck injury or back injury
• Hand and wrist injury
• Concussion
• Fractures
• Burns

OSHA has issued numerous citations
Since most of the screening machines and checkpoints were added after 9/11 and squeezed in wherever they would fit, few screening stations were designed with an eye to ergonomics. OSHA has issued numerous hazard citations to airports across the country.

Attrition rate 22%
Adding to these problems, the TSA staffed up quickly and in most instances, strength tests were not part of the application process, and training - at least from a safety standpoint - was minimal. In a snowballing problem, the more staff injuries and absences there are, the more overworked remaining employees are. According to the article, the staff attrition rate last year was 22%.

Security is not being compromised
This is distressing both for the workers involved and also for airline travelers. Although authorities say that security is not being compromised, it is hard to see how injured, overworked, and poorly trained workers can deliver the best results.

Specific corrective actions taken at the airports included:

• pre-shift stretching exercise programs
• safe-lifting classes
• spot checks to reinforce best practices
• targeted safety training plans
• recognition programs to encourage and reward safe employee performance
• safety newsletters
• emergency evacuation plans and reviews
• posted safety tips

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When you need a personal injury lawyer who will aggressively pursue the maximum compensation to which you are entitled, call The Keener Law Firm at 770-955-3000 to arrange a no cost, no obligation consultation and assessment of your case. We are available for home and hospital visits. Contact us about your personal injury matter.

Actively serving:

Marietta, Georgia Rome, Georgia Chatsworth, Georgia Dalton, Georgia Cumming, Georgia

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GEORGIA AUTO ACCIDENT ATTORNEY

Freeways, toll roads, interstate routes and secondary roads throughout Georgia are filled with ever-increasing amounts of traffic. As the number of vehicles on the highways increases, traffic accidents increase accordingly. Statistics show three million car-related injuries annually, resulting in two million permanent injuries.

Car accidents in Georgia take on many forms from single car accidents to freeway pileups. Whether an accident is a head-on collision, a rollover, a rear-end collision or an intersection crash, millions of dollars in personal injuries and property damage results.

The majority of traffic accidents occure due to someone not paying attention. When you are involved in a car accident and suffer serious injuries due to the negligence or recklessness of another, you may be entitled to recover damages for medical costs, property loss, and lost income as well as pain and suffering.

In order to file a lawsuit to recover compensation for damages, you must prove liability. Therefore, hiring a lawyer at the outset is very important. The personal injury attorneys at The Keener Law Firm will take immediate action to not only protect your rights, but also take steps to preserve evidence from the accident, assist you in obtaining medical care and deal with the insurance companies while you concentrate on recovering from your injury.

When you are coping with catastrophic or other serious injury, our attorneys understand the serious medical and financial consequences you face. We have helped car accident victims who have incurred serious injuries including bone fractures, back injury, whiplash, brain injury, burns, neck injury, spinal cord injury, paralysis, paraplegia and quadriplegia.

When you need a personal injury lawyer who will aggressively pursue the maximum compensation to which you are entitled, call The Keener Law Firm at 770-955-3000 to arrange a no cost, no obligation consultation and assessment of your case.

We are available for home and hospital visits. Contact us about your personal injury matter.

Cobb County Injury Lawyer | Auto accidents involving cell phones

Cobb County has over 600,000 residents. The population of Cobb County is even more than some of the largest cities in the South. It also has some of the most dangerous intersections in the state. If you are driving around in rush hour you are well aware that you have a lot of company, and they all seem to be in a hurry. Additionally, with the advent of the cell phone there are many drivers on the road who are dividing their attention between driving and carrying on a conversation on their phone.

A few months ago I came up to a red light on Johnson Ferry road and stopped. I looked up and a woman came barreling through the red light at full speed, obviously having a very intense conversation on her cell phone and clearly oblivious to the fact that her light had turned red long before she reached the intersection. Fortunately nobody else was yet in the intersection and a potentially serious high-speed accident was avoided. With so many drivers, so many dangerous intersections and so many folks talking and driving at the same time, drivers in Cob County need to be careful.

If you or a loved one is involved in a car wreck in Cobb County you need an experienced Cobb County car wreck attorney to help you protect your rights. A Cobb County attorney familiar with auto accidents will have experience with Cobb County doctors, judges, and adjusters who will be involved in getting the medical care and subsequent legal justice you deserve from your car wreck case.

Actively serving:

Marietta, Georgia | Rome, Georgia | Chatsworth, Georgia | Dalton, Georgia | Cumming, Georgia

HOW LONG AFTER BEING RELEASED FROM MY DOCTOR WILL IT TAKE TO RECEIVE MY WORK COMP SETTLEMENT CHECK?

Another popular question I receive is "How long after being released from the doctor will I it take to receive my work comp settlement check?" Please note. Settlement in a Georgia Workers' Compensation case is completely voluntary. Both sides have to agree. There is no judge who has the power to "order"an insurance to pay you any amount of money to settle your case. There is no jury in a Georgia Work Comp. case.

The quick answer is, "it depends.” Many cases never settle. When that happens, the insurance company is on the hook to you for your medical care for life. And, depending on how serious your injury is, for your indemnity benefits (weekly checks) for up to 400 weeks (or for life if your case is deemed catastrophic).

Some states (like Florida) basically pay you your impairment rating after you are released from the doctor and close your case. Fortunately, that is not the way it works in Georgia. Many times, an injured worker will call me and say, "I don't think the doctor is on my side.” He keeps wanting to release me, but I'm still having problems. It's like the doctor doesn't want to listen to me.

If your doctor is threatening to release you and you are still having problems, or if you are coming to the end of your doctor's treatment plan, call a lawyer and find out what ,your rights are.

My experience is that the insurance company will try to settle with you for much less than the full value of your claim. If you feel like you are not being treated fairly by the insurance company, call the Keener Law Firm for a free, confidential case evaluation, we only help injured people and their families. The Keener Law Firm does not represent insurance companies.

Actively serving:

Marietta, Georgia | Rome, Georgia | Chatsworth, Georgia | Dalton, Georgia | Cumming, Georgia

HOW CAN I CHECK MY WORKERS COMP CASE IN GA?

Some times I receive a phone call asking "How can I check my workers compensation case in Georgia.” The Georgia State Board of Workers' Compensation is a government run agency designed to process claims of injured workers. They are basically the repository where all forms are filed. They do not represent you, they do not help you.

The only information the Georgia State Board of Workers' Compensation has on you relates to what has been filed with them. For example, when a claim first starts off, there will be w form WC1 filed. If you change doctors with consent or have a hearing filed, they will have those forms on file as well. When your claim is closed, they will also have that information on file. Nobody at the Georgia State Board of Workers Comp will have any information about your medical care or other details about your case. Mostly it is up to you or your lawyer to inform you on what is going on with your workers comp case.

Some insurance companies will have a "nurse case manager" assigned to your case. However, please do not think they are on your side. They are paid by the insurance company and have one goal in mind; saving money for the insurance company. That is not the most important issue. The most important issue is getting you as well as possible after a job injury. The insurance company will not tell you all thebenefits you are entitled to. They will not tell you about your impairment rating, your right to change doctors, your entitlement to a treatment plan just to name a few. You have one body to last you the rest of your life.

If you have suffered a serious job injury, you need to protect your future ability to earn money. I strongly encourage you to seek legal help. The Keener Law Firm has nearly 20 years of experience representing injured workers. Call for a free case evaluation today. Even if you don't hire us, I encourage you to hire someone to represent you through the difficult area of the law known as Workers' Compensation.

Actively serving:

Marietta, Georgia | Rome, Georgia | Chatsworth, Georgia | Dalton, Georgia | Cumming, Georgia

WHAT IF MY GEORGIA JOB INJURY IS DENIED?

If you disagree with the reason for your denial, you have the right to request a hearing from the Georgia State Board of Workers’ Compensation. A claim with the State Board must be filed within one year of the date of injury. You can hire a lawyer or obtain the forms yourself from the Georgia State Board of Worker's Compensation. Just remember that you are going up against folks who do this every day for a living and your own lawyer will be protecting YOUR interest. The procedure for filing a claim with the State Board of Workers’ Compensation is outlined on the back of the Workers’ Compensation form titled “Employer’s First Report of Injury” (WC-1).

18 Wheeler (Tractor Trailer) Accident

Large tractor-trailers are a frequent sight on our roads, but the dangers posed by these large trucks have not diminished. Truck drivers are pressed to deliver loads in a timely manner and drive long hours. As a result driver fatigue often causes accidents. Improper maintenance often compounds the problem. Large tractor-trailers also present problems for other drivers in seeing the trucks. It is therefore important that the tractor-trailers comply with the federal law on reflective devices on the tractor-trailers. The lawyer representing a person injured in a tractor-trailer accident must have experience in fatal accident investigations, forensic analysis of accident scenes, thorough familiarity with federal regulations governing trucks and truck drivers, as well as extensive experience in understanding and presenting an injured party’s medical condition. It is important that the attorneys have the attorneys have the experience necessary to retain and work with experienced forensic engineers who can reconstruct an accident scene and determine how an accident was caused and what could have prevented it. It is also necessary that the attorneys have the experience and knowledge to effectively present this information to the insurance company and the jury. This involves use of the latest in computer animation, computer modeling, and video and film presentations. Our attorneys have effectively used these media to present our clients’ cases. For example, we have designed and built six by eight foot models of neighborhoods, complete with houses, trees and bystanders, to illustrate how an accident happened. We have also “recreated” an accident in a movie studio using the latest in lighting technology to illustrate how our client was excusably unable to see a tractor-trailer due to blinding sunlight.

Federal regulations limit the number of hours a truck driver may drive and the number of hours he may be “on duty.”Logbooks are required to be kept recording these hours of service. However, these logbooks are not required to be kept indefinitely and must be protected from being destroyed after an accident. It is imperative after an accident that an attorney demand the log books be kept secure by the trucking company.

Once the logbooks are obtained the attorney will need to reconstruct the truck driver’s activities. It is not uncommon to find the truck drivers reporting they have driven fewer hours than they actually have. This underreporting is often found when checking the mileage driven. For example, in one case the driver logged a 400-mile trip in only 5 hours, meaning he must have averaged 80 miles per hour in speed.

If you or a loved one has been in a wreck with an 18-wheeler, call KeenerLaw.com at 770-955-3000 for a free consultation.

Georgia Workers Compensation Information

Under Georgia law, if you sustain a bodily injury that arises out of and is in the course of your employment, you are entitled to certain statutory wage and medical benefits. An injury arises out of your employment when it results from a risk which is reasonably related to the employment. Of course, as with any case, there are exceptions and you need to consult carefully with an attorney to determine whether your injury is covered by workers’ compensation laws.

If your job injury is covered under workers’ compensation laws, there are two general categories of benefits available to you. These are wage/income benefits and reimbursement for medical expenses arising out of your job injury. Please note, however, that an injured worker does not become eligible for wage/income benefits immediately upon being injured. The injury in question must cause you to miss at least seven days of work before you are eligible for income benefits. However, if the injury is serious enough to keep you out of work for at least 21 consecutive days, then income benefits for the first seven days will then be allowed retroactively. Income benefits due to an injured worker are based on the amount of the worker’s average weekly wage up to a statutory cap. Generally, a worker who is disabled from a job injury is entitled to receive two-thirds of his or her average weekly wage up to a cap. Currently, the cap is $500.00 a week. No matter how much your average weekly wage is, benefits for total disability cannot exceed the current cap of $500.00 a week. As long as an injured worker is unable to do any work because of an injury, he or she is entitled to total disability income benefits.

If an injured worker is able to perform some type of light duty work but is not able to earn as much as he or she did prior to the injury, then benefits are payable for what is known as temporary partial disability. These benefits are calculated based on two-thirds of the difference between the average weekly wage before the injury and the reduced earnings after the injury. Again, however, there is cap on this amount. The cap is currently $334.00 a week. Thus, if you are injured but able to perform light duty work for a limited number of hours a week, you will be paid the wages for that work plus benefits based on the above calculation. However, the benefits currently cannot exceed $334.00 a week.

If an injury on the job results in death to the worker, the benefits are payable to the employee’s dependents. Generally, the income benefits equal two-thirds of the worker’s average weekly wage not to exceed $500.00 during the time of the dependency. However, where a spouse is the sole dependent at the end of one year after the date of the death, the total amount payable is limited to $125,000.00.

Workers who sustain on-the-job injuries covered by the Workers’ Compensation Act are entitled to reimbursement from the employer for any medical expenses which result from the injury and which are reasonable and necessary to cure the condition, give relief for the condition or to restore the worker to suitable employment. Under Georgia workers' compensation laws, there is no limit on the amount of medical expenses payable in a worker's compensation claim. As long as there are medical expenses, the employer must pay them. The employer is required to post a list of physicians available to treat the injured worker. The injured worker must select a physician from the panel to treat his or her job injury. If the injured employee seeks treatment from a non-authorized physician, then there is generally no requirement that the employer or its insurer pay for the treatment.

Georgia law requires that an injured worker notify his or her employer of an injury on the job either immediately or as soon thereafter as is practicable. Failure to notify an employer of a job injury within 30 days could result in a denial of benefits under workers’ compensation laws. Further, if an employer denies that an injury reported by a worker is job related and refuses to pay any wage or medical benefits, the worker generally has one year from the date of the injury to file a claim with the Workers’ Compensation Board. Thus, if an employer denies that an injury is work related and the employee fails to file a claim with the Workers’ Compensation Board within one year of the injury, the worker’s claim is generally barred forever.

If you have been injured on the job, call KeenerLaw.com for a free consultation.

Liberty Mutual Sued for Intentional Infliction of Emotional Distress

The St. Petersburg Times ran this heartbreaking story recently about James Dolan, a 34-year-old Radio Shack employee who was shot in the head while on the job in 2004. The attack not only left him totally blind, but suffering from post-traumatic stress syndrome as well. His story appeared on the ABC television show Extreme Makeover Home Edition in 2005 after the show's crew made his home handicapped-accessible. You can see a clip from the show here.

But the story didn’t end there. Mr. Dolan's wife had to quit her job in order to provide care for him. The effect of that lost income was compounded by the fact that the Dolans' property taxes and utility bills have increased because of the home improvements.

The Dolans requested Radio Shack's workers' compensation carrier, Liberty Mutual, to provide 12 hours per day in attendant care benefits to compensate Mrs. Dolan for the care that she has had to provide to her husband, but the carrier refused. Instead, they hired vocational rehabilitation consultants who said not only that Mr. Dolan did not require any attendant care, but that he could actually return to work. The judge did award the requested benefits.

Several years ago, Florida deeply cut layer fees in Florida workers compensation cases and consequently, few lawyers take the cases. The article states because of this, insurance companies have taken advantage of unrepresented injured workers and, like here, have refused to pay for clearly necessary care.

Exasperated with Liberty Mutual's handling of the claim, the Dolans have now sued them for intentional infliction of emotional distress. Such causes of action against workers' compensation carriers were authorized by the Florida Supreme Court in Aguilera v. Inservices, Inc. Competent legal help is imparative for your injury case. Don't think the insurance company will "do the right thing". Don't wait till it is too late, having a qualified lawyer will help insure you get the help you need. Keenerlaw.com

EMPLOYER'S FAILURE TO REPORT JOB INJURIES HAS ATTRACTED THE ATTENTION OF CONGRESS

I frequently receive calls from injured workers who tell me their employer has either asked or encouraged them to file their job injury on health insurance, or to just allow the employer to pay the medical bills and avoid reporting. Beware, employer failure to report job injuries is a violation of OSHA regulations.


This unlawful conduct has caught the eye of the U.S. House of Representatives Committee on Education and Laborwho is currently investigating the issue. In a majority staff report entitled Hidden Tragedy: Under-reporting of Workplace Injuries and Illnesses, the committee concluded that employer non-reporting of workplace injuries is a real problem.

Why are workplace injuries being under-reported? According to the report:

- Certain categories of workers, accounting for a significant portion of the workforce, are excluded from the survey.
- Occupational illnesses are particularly difficult to identify as work-related.
- Immigrants are less likely to report workplace injuries and illnesses.

- Workers are often reluctant to apply for workers’ compensation.
- The musculoskeletal disorder column has been taken off of the OSHA 300 Log.
- Some workers and employers do not understand the reporting system.
- Employers have an incentive to under-report.


What incentives do employers have to under-report?

- Low injury and illness rates decrease the chance of being inspected by OSHA
- Low numbers of injuries and illnesses decrease workers' compensation expenses.
- Low injury and illness rates can earn businesses bonuses and incentives
- Low injury and illness numbers look good to the public and to customers


What methods do employers use to discourage reporting?

- Direct intimidation of workers.
- Bringing seriously injured workers right back to work.
- Discouraging appropriate medical attention.
- Discouraging physicians from reporting injuries or diagnosing illnesses.
- "No fault" absentee policies.
- Safety incentive programs and games.
- Manager incentives and bonuses
- Drug testing after every accident or injury.
- Contractors and contracting out dangerous work
- Miss-classification of workers.


If you have been injured on the job, insist that your injury is reported to the Georgia State Board of Workers Compensation immediately, it’s the law. Many times what appears to be a minor injury, can turn into a major injury. Judges are particularly fond of looking at the early medical records to help them understand where an injury started. It is very important you tell your doctor from the start that you were hurt on the job. As with proving any legal matter, proper early documentation is very helpful. For more help, contact the KeenerLaw.com.

What If I Can't Go Back To Work With A Limited Duty Release?

If your doctor has you totally written out of work or has you written to restrictions so severe that your employer cannot or will not provide you a job, you are entitled to weekly income benefits. However, if your doctor writes you back to work on some type of limited duty, your employer will likely submit a job description (form WC240a) to your authorized treating physician (ATP) for review. If your doctor agrees to allow you to try the work, you will be asked to come back to the employer and try to work within the doctor's restrictions (normally this procedure is done with what is called a form WC240).

If you refuse to go back and try a job your doctor has agreed for you to try, you run the very real risk of losing your Georgia Workers Compensation Benefits. So, NOT going back to try a job your doctor has approved for you to try is a bad idea.

If after trying the job for about a week or less you realize cannot do the job, tell your employer and he will be required to automatically restart your weekly benefits (TTD Benefits). Then, the employer/insurer has the option of taking your case to court to try to prove to the judge that you can do the job. If you wait too long before informing your employer you cannot do the work, you run the risk of having all your income benefits stopped and at which time YOU will be the one filing to go to court to prove to the judge that you cannot do the job.

Trust me, you do not want to be the one with the burden of proof. It's better if the employer/insurer has the burden of proof at the hearing.

So, if your employer has filed a valid WC240 and the doctor says you can try the job, by all means, go try the job. If you can do it, fine. If you cannot, you need to try to figure that out within the first week and inform your employer or possibly run the risk of losing your income benefits and having to file for a hearing which will likely take many months before you actually get in front of a judge. All the while, you are without TTD income benefits. If you need help, contact: KeenerLaw.com

How Much is My Amputated Arm Worth in Georgia Workers Compensation?

When I evaluate a case for settlement the actual "value" of a lost body part is only a small part of the total value of the claim. The key questions have to do with your future employment history and what your medical providers tell me we can expect in the future for your case. But, one factor in determining the value of the claim is the value of what is called permanent partial disability (PPD for short). Many body parts have been assigned a weekly value rating. A leg is worth more than a hand, a hand is worth more than a toe, an arm is worth more than a foot and the whole body is worth most of all. In Georgia, by law, a leg is wroth 225 weeks of your weekly benefit check. A Foot is worth 135 weeks, a Great Toe is worth 30 weeks an ear is worth 75 weeks, etc. etc. The imbalance comes in when there is a difference in earning capacity. 100 weeks of someone who has a weekly benefit of $500 is $50,000 and 100 weeks of someone who has a weekly benefit of $85 is only $8,500. Same body part, same injury, just two different folks making different amounts of income. Doesn't sound fair does it? I mean, first of all, nobody is going to want to give up ANY body part for any amount of money. But, when the body part is lost, this is how the PPD calculation is done. High income earners simply have a more valuable case than low income earners because the exposure of the employer/insurer is higher. Not fair, but that's the way the law is written in Georgia.

But, again, the PPD value is only a small portion of the value of your claim. DO NOT allow the insurance company to low-ball you and only pay you the PPD value for your claim. Call an experienced attorney (view video) to help you evaluate the proper settlement value for your claim. Whether you call it workers compensation, workman's compensation, workers comp or work comp, protect your rights and get advice that will help you get the FULL value of your claim.

More Info - After Settlement, How Long Do I Have to Wait To Get My Money?

Most Georgia Workers Compensation claims settle. Settlement is voluntary. There are various ways to evaluate and settle a Georgia Worker's Compensation case discussed elsewhere in this Blog. Suffice it to say that no workers' compensation case in Georgia ever settled without the agreement of all parties. Frequently, after a case is settled, I get a question like this: "How long does it take for my workers compensation money to come through after we agree to settle?" (VIEW VIDEO) That's a great question. Generally the procedure works like this. After a value is reachd, a settlement or stipulation needs to be drafted and signed by the injured worker. After that it goes to the Georgia State Board of Workers Compensation for review and approval. That generally takes about two weeks (14 days) or so. During that time you still receive your Temporary Total Disability benefits (your weekly check). However, once the judge approves the workers' compensation settlement, it's a done deal. Then, you should get your money in less than three weeks or there is a penalty imposed on the employer/insurer. My experience is, that your money usually arrives in about 10 to 14 days after the settlement is approved by the judge. Evaluating and settling workers compensation claims in Georgia is an art. The employer/insurer will never tell you or pay you the full value of your claim. It takes someone with years of experience dealing in Workers Comp cases in Georgia to know what they are worth. If you have been injured on the job, seek help with your settlement with an attorney who has experience.

Can I Still Receive Workers Compensation Benefits If I Start Working for a New Employer After a Georgia Worker's Compensation Injury?

Today I received a call from someone who had been hurt on the job and was looking at working elsewhere. They wanted to know if they left the job or were fired from where they were hurt, whether they would lose their rights to receive Georgia Workers Compensation benefits.

That is a fairly common question. Many folks think they are only entitled to Georgia Workers Comp benefits while they are still working for the company where they were originally injured. Sort of Like Health Insurance expiring when you start working for a new employer.

Whether you are fired or quit, the original employer remains fully liable for medical care and lost wages brought about from the original job injury. Starting to work elsewhere can bring on issues you may be able to avoid if you simply stay with the original employer. This is a fairly fact-specific analysis and I encourage you to discuss your particular facts with a lawyer before you start working elsewhere. But, if you do work elsewhere, the original employer remains liable to you under Georgia Law for your income benefits and medical benefits brought about or exacerbated by your Georgia Job Injury.

Russell Keener at Keenerlaw.com is happy to discuss your particular facts at no charge for an original consultation.

Your work restrictions and employment situation have a tremendous effect on the value of your Georgia Workers Compensation Claim. You are entitled to the best settlement possible for your GA Work Comp case. We understand how much your claim is worth and want to make sure you understand what your case is worth. Protect your future and your family's financial future, talk with a lawyer about the specific facts of your Georgia Workers Compensation case.

When Will I Get My Money for My Georgia Workers Compensation Settlement?

Whenever I settle one of my client's cases, I normally am asked "how long will it take before I get my money?".

Well, my experience is this: After we agree on a settlement amount a lawyer for the employer/insurance company will propose a settlement draft and sent it to me (either email or snail-mail). I will look it over, make changes if necessary and go over it with my client. This process normally takes 7 to 10 days.

After the client signs the paperwork it is remitted back to opposing counsel who forwards it to the Georgia State Board of Workers Compensation for review. At that point, the stipulated settlement agreement is reviewed by the board and signed by an administrative law judge. I would estimate that about 99% of the stipulations that come through my office get approved without any further intervention from the Georgia State Board of Workers Compensation.

The Keener Law Firm has been specializing in Georgia Workers Compensation cases in the state for nearly 20 years and is proud to have developed a fantastic reputation with the Georgia Board of Workers Compensation. Virtually all of the stipulated settlements that go through my office are approved without comment.

The approval process at the GA Board of Workers Comp takes approximately 10 to 14 days. You are entitled to continue to receive your TTD or TPD benefits up until the time the Administrative Law Judge signs your Georgia Workers Comp settlement documents. After that, your income benefits will stop.

After the judge signs your settlement agreement the employer/insurer has 21 days to get you the money or incur a 20% penalty. But, because of the penalty, most employer/insurers will pay the claim promptly. The entire process normally takes 4 to 6 weeks from signature for you to get your money.

Sometimes the Georgia Workers Compensation judge will approve the settlement in the middle of a pay period. Since the employer/insurer's exposure stops when the judge signs the settlement documents, your weekly income check will be adjusted up or down to make up for the judge signing in the middle of the week. This is normal and nothing to get upset about. If you have any more questions about your Georgia Workers Compensation Settlement, call a lawyer who knows about such things. I do not charge for an initial consultation. KeenerLaw.com 770-955-3000.

Autopsy for Medical Malpractice Case

Today I received a telephone call from the sister of a fellow who died recently. She went on to tell me that she is a nurse and suspects her brother's death may have been caused or contributed to by a medical mistake. After hearing her suspicions I agreed it was worth looking into. I knew immediately what information was going to be necessary for my experts to evaluate the merits of the case, a full set of medical records and an autopsy.

Many times when someone dies, the family is (obviously) so caught up in the funeral arrangements and grief that they forget to request an autopsy. Fortunately, with the family's medical experience they remembered to ask for an autopsy. Also, they asked that it be done at a hospital DIFFERENT from the one they suspect of medical malpractice.

Most times when there is a death case, my law firm and our expert witnesses will need an autopsy to determine the cause of death. An autopsy is ALWAYS helpful.

If you suspect a love one's death was caused by (or contributed to by) a medical mistake, an autopsy is extremely helpful if not required. Also, remember. The autopsy should be done at a hospital DIFFERENT from the one where the medical mistake is suspected to have occurred. Obviously this is done to avoid impropriety from the hospital trying to cover a mistake. The hospital should not object to having the autopsy done elsewhere and, I contend, should encourage it be done elsewhere to avoid even the appearance of impropriety.

If you have a loved one whom you suspect has died of a medical mistake, ask for an autopsy and consult a law firm with experience in handling Georgia medical malpractice and Georgia death cases.

The Georgia Workers Compensation Appeal Process

There is no jury in a Georgia Workers' Compensation case. If there is a trial (it's called a hearing), it is in front of an Administrative Law Judge (ALJ for short). If you do not like the decision of the ALJ there is an appellate process in place. First the decision can be appealed to "the Board." Basically three DIFFERENT ALJs have an opportunity to determine whether the original ALJ got it right.

After that, there is another level of appeal. The case can then be appealed to the Superior Court. Every county in Georgia has a Superior Court. The Superior Court is a court of "general jurisdiction". That means it is qualified to hear a variety of different types of cases. From divorces, to felony murder cases, to workers compensation appeals.

After that, the case may be appealed to the Georgia Court of Appeals and then, to the Georgia Supreme Court.