Law Office of Michael Lemon

Personal Injury, Worker's Compensation, Auto Accident Attorney

Michael Lemon

What To Do When You Are Injured at Work

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Notify your employer that you have been injured

Under Georgia law, you are required to give notice to your employer that you have been injured within 30 days of your injury. The longer that you wait to report an injury may cause your employer to doubt if the injury occurred at work. When you do report your injury, you should give notice to your supervisor. You should also request that an accident report is completed so there is written confirmation that you gave notice.

workers compensation

Get medical treatment from a doctor on your employer’s panel of physicians

Your employer is responsible for providing medical treatment for your injury when you are injured at work. However, your employer is responsible for paying for medical treatment with certain doctors. Employers are required by law to have a list of Workers’ Compensation doctors. Your employer probably has a panel of physicians posted in your breakroom or where you clock in for your shift. You can choose a doctor off that list and notify your employer that you want to seek medical treatment from that doctor.

Ask the doctor address your ability to work

The doctor that you choose to treat your work injury should address your work status at each appointment. The doctor should provide you with a note that you can take to your employer that indicates that you are totally disabled from work, able to work with restrictions, or able to work without any restrictions. It is important to make sure that the doctor provides you with the proper restrictions because you do not want to suffer additional injury upon returning to work if your employer makes a position available to you.

If you unable to work it could take 21 days to receive disability benefits

If you are disabled from work as a result of your injury, the Workers’ Compensation law in Georgia provides your employer and their Workers’ Compensation insurance company with 21 days from the date of your disability to either pay you benefits or deny your claim. So, you need to be prepared for a short time without income even if your employer accepts your claim. Also, if you are out of work for less than 7 days, you do not receive any disability benefits for that time out of work because Georgia has a 7 day “waiting period” for disability benefits.

Review your paperwork to make sure you are receiving the right benefits

The amount that you are entitled to receive weekly while you are out of work depends on the amount you made before your injury. Generally, you receive two-thirds of your average wage before taxes for the thirteen weeks before you were injured. There is a maximum weekly benefit of $675 per week in Georgia.

When you begin receiving benefits, the Workers’ Compensation insurance company should file a form stating the amount of benefits that you are being paid weekly. They should also file a form called a wage statement that will list the amount you made each week for the thirteen weeks before your injury. This will show how they calculated your average weekly wage. Review this information and compare it to your paystubs to make sure you are paid the correct amount of disability benefits. Make sure they include any bonuses, tips, per diem, or other amount that you were paid by your employer.

Talk to an attorney

If employers and their insurance companies always did what the law requires them to do, the need for legal representation would be rare. Unfortunately, employers and insurance companies seldom do what they are required to do under Georgia law. Therefore, it is usually a wise decision to speak with an attorney who specializes in Georgia Workers’ Compensation cases.

If you have been injured on the job and have questions, call me for a free consultation.

Online Meetings – Now More Than Ever

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As people begin to adjust to the new realities of “social distancing” and the re-opening of our state, it is becoming clear that there are many things that we can all do to keep ourselves and our families safer. One of the easiest things that we can do is to use a teleconferencing platform like Zoom or Webex to replace in-person meetings.

I am now offering online consultations as well as online mediation and arbitration services. Although I was initially reluctant, I have discovered that these services makes me much more accessible to clients. During the current Covid-19 crisis, online meetings have become an especially convenient way for people to seek advice from an attorney or to seek alternative ways to resolve their disputes. Meeting online allows people to conduct the process from the safety and comfort of their own home. Based on my own experience, I believe that online meetings will remain a part of the practice of law long after the coronavirus threat has ended.

There are several benefits to meeting online:

Social Distancing is Built Into the Process

While our state is re-opening, maintaining social distancing is still important. Online meetings can be an important part of that process. In an online platform, everyone is physically separated while being virtually connected. There is no risk of contracting a virus or transmitting it to others.

Meeting Online is Convenient

When in-person meetings are required, scheduling a time and place can become a chore. You have to drive to an office and find a place to park. When the meeting is conducted online, you don’t have to worry about the travel logistics. You only have to set-aside the specific time for each meeting.

Meeting Online is Effective

Meeting online can create a safer, more comfortable environment. This is true especially for online dispute resolution. The virtual distance created by online mediation and arbitration sessions can relieve some of the stress that occurs when parties are in the same physical location.

Privacy, Confidentiality and Efficiency

When you schedule an online meeting, you can select who is sent an invitation to your meeting. During the meeting, you can see everyone who is participating. When you are meeting online, there are tools available to review and edit documents. Using the screen sharing function of the online teleconferencing platform, you can securely review documents, line by line, with everyone viewing the same page at the same time. This can lead to more efficient and productive meetings.

These are certainly strange times in which we live, but we must remember that we are all in this together. Please consider meeting online the next time that you need legal advice or want to resolve your case through mediation or arbitration. Stay safe!

Michael Lemon Has Joined Bay Mediation

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I am pleased to announce that I have joined Bay Mediation to offer mediation and arbitration services throughout the state of Georgia. My law practice will remain unchanged, but I am now able to offer several new ways to assist people in resolving their disputes.

I can provide mediation and arbitration services for workers’ compensation, personal injury, insurance disputes and family law matters.

You can view my availability and schedule a mediation or arbitration at: https://www.bayadr.com/neutrals/lemon-michael/

Please feel free to contact me if you have any questions or need any additional information.

Michael

Our Response to the Covid-19 Crisis

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During these difficult times, we remain committed to working with you to resolve your cases. The statewide judicial emergency means that the courts and the State Board of Workers’ Compensation are essentially closed for the time being. We will continue to work on your case and keep it moving forward.

We are available for in-person meetings, but encourage phone calls and teleconferencing to protect the health of our clients, and the community. Please do not hesitate to call us if you have any questions about your case.

Please stay safe!

The Law Office of Michael Lemon

Death on the Job

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What happens when an employee dies on the job and there are no witnesses? Recently, a grocery store employee in Columbus was found deceased inside a walk-in cooler at the store. Although there was video showing the employee entering the cooler, there were no witnesses to anything that may have occurred inside the cooler. This brings up the issue of whether or not the employee’s death is covered under Georgia’s workers’ compensation laws.

In Georgia, a death is generally only compensable following an injury if the death results directly from the injury. Any death, whether instantaneous or not, must result from an injury arising out of and in the course of employment to be compensable. However, when a person is found dead or dying at a place where he might reasonably be expected to be in the performance of his duties, it is presumed that his death resulted from an injury arising out of and in the course of employment.  This presumption is available when the deceased employee’s death is unexplained.

The question of whether a worker’s death is related to the work they performed is a question of fact and often depends on the unique circumstances of each case. Consulting with an attorney early in the case can help establish the facts necessary to prove that the employee’s death was work related.

What Injured Workers Need to Know About Workers’ Compensation in Georgia

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Workers’ compensation is an accident insurance program paid by your employer which is designed to provide medical and income benefits if you are injured on the job.

How long do I have to work to be eligible for Workers’ Compensation benefits?

You are covered from your first day on the job.

How do I know if my employer has workers’ compensation coverage?

Georgia law requires any business with three or more workers, including regular part-time workers, to have workers’ compensation insurance.

What should I do if I am injured on the job?

You should immediately report any accident to your employer. You may lose the right to receive benefits if you wait longer than 30 days to report your injury.

workers compensation claim form

How do I get medical treatment?

Your employer is required to post a list of physicians. You select a physician from the list and ask your employer to schedule an appointment, You have the right to make a one time change to another physician on the list at any time, without the permission of your employer.

Who pays for the medical treatment?

Your employer’s workers’ compensation insurance company will pay for your authorized medical treatment, as long as the treatment is for your work injury.

When will I be paid weekly benefits?

You are entitled to weekly income benefits if you are unable to work for more than 7 days. Your first check should be mailed to you within 21 days after the first day you missed work. If you miss more than 21 consecutive days, you will be paid for the first 7 days that you missed from work.

injured at work

How much will my weekly benefits be?

You will receive two-thirds of your average weekly wage, but not more than $575.00 per week nor less than $50.00 per week for an accident which occurred on or after July 01, 2016.

How long will I receive weekly benefits?

In most cases, you are entitled to benefits for up to 400 weeks. If your injury is catastrophic and you can never return to work, you may be entitled to lifetime benefits. In some cases your benefits may be reduced after you have been released to return to work with limitations or restrictions, or suspended if you are released to return to work with no limitations or restrictions.

What kind of benefits will I receive if my injury causes a permanent disability?

You are eligible to receive weekly benefits based on the type and extent of your permanent disability. You physician determines the amount of your permanent disability. You can receive compensation for the loss of sight or hearing. The benefits that you receive are based on the loss of use of a part of your body.

What happens to my family if I die as the result of a work injury?

Your dependents will receive two-thirds of your average weekly wage or a maximum of $575.00 per week. Your dependents are your surviving spouse, children or dependent stepchildren. A widowed spouse with no children is limited to a total amount of $230,000.00, unless he/she remarries or lives with another person in a meretricious relationship.

What if I do not receive my workers’ compensation benefits following a work injury?

You must file a claim to protect your rights within one year from the date of your accident. An attorney with experience in workers’ compensation claims can assist you in filing a claim for benefits.

Michael Lemon is a licensed Georgia attorney who specializes in Georgia Workers’ Compensation issues. You can contact him by email at: michael@michaellemonlaw.com