Our firm’s blog and web site makes frequent reference to the Georgia State Board of Workers’ Compensation. The State Board functions as the court system for workers’ compensation claims in Georgia. The Board is a creation of the state legislature and it uses different forms that what you might see in a Georgia State or Superior Court.
I hope that this blog, along with the Ginsberg Law workers’ compensation web site, will be helpful resources for you as you educate yourself about Georgia workers’ comp. law. Another very useful site is the web site published by the State Board itself. While some of the material on the State Board’s site is geared towards lawyers, insurance companies and employers, there is a great deal of useful information there for injured workers. For example the State Board web site has a very helpful FAQ section written for the benefit of injured workers. Another section is written for employers – as injured worker, however, you can learn from this as well. Another area of the State Board web site that you may want to review is the section that includes the various official forms that employers, insurers and claimant’s lawyers must use.
One of the main themes of the State Board site relates to how workers’ compensation is different than personal injury law. If you understand, for example, that pain and suffering are not part of a workers’ compensation claim, or that an insurance company does not have to settle, you can make better choices in your own case. If you are an injured worker, you obviously have concerns that transcend the organizational structure of the State Board of Workers’ Compensation. However, you may find that an understanding of how the Board works can help you maximize your recovery should you have an injury claim.
Filed under Georgia Workers' Compensation, Understanding the Law by 
You have been injured on the job and are now receiving Georgia workers’ compensation benefits. Who decides which doctor you can see? What if you are not happy with the company doctor? Are there any circumstances when you can choose a doctor of your choice?
In this video, attorney Jodi Ginsberg speaks about the rights of injured workers to receive quality medical care as well as options to change treating physicians in the event that company provided medical care is sub-standard.
Filed under Medical benefits, Understanding the Law by
I recently received a question from a gentleman named Charlie who asks:
I filed chapter 13 about 2 years ago, now I got hurt on Job and am receiving W.C. In the process W.C. is to build a new house for me. How does chapter 13 come to play?
My husband, Jonathan Ginsberg, has been a bankruptcy lawyer in Atlanta for over 20 years. I asked him to respond to this question. Here is his response:
Charlie, first of all, it is important that both your workers’ compensation lawyer and your bankruptcy lawyer know about your accident, the house construction benefit and possible settlement. Assuming that your weekly wage benefit check is less than your regular salary, you need to make arrangements to keep your Chapter 13 plan current. Given your injury, your bankruptcy lawyer may be able to amend your plan so that your payment is reduced to account for your reduced income. Assuming that you foresee a settlement within the next three years, you may be able to make up the difference in a lump sum at settlement.
I have always taken the position that lump sum settlements in workers’ compensation cases may be treated as exempt property purusant to Georgia’s exemption statute. You should speak to your bankruptcy lawyer about this. This means that you may be able to keep some or all of your settlement even if your plan is paying only a small percentage back to your unsecured creditors. In a similar vein, I would argue that the new house should be considered as exempt because it is necessary for your on-going support and maintenance. Here, too, you need to seek counsel from both your bankruptcy lawyer and your workers’ compensation lawyer.
Finally, you need to advise your workers’ compensation lawyer to file an entry of appearance in bankruptcy court and to file a motion to approve both any settlement and any attorney’s fees claimed. Bankruptcy judges usually do not have any problem with approving either a settlement or a fee contract, but if you don’t follow the required procedures, there could be delays.
Filed under Settlements, Stipulated settlements by
