Understanding the Law

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Welcome to the 6th installment of my summer long series on Georgia Workers' comp case studies. In the following case study, I discuss a case in which a client's neck injury was made worse by a return to work.

More on Case Study: Cervical Injury Made Worse Due to Return to Job

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I often explain to my clients that a major struggle in any workers' compensation case relates to medical care.  Georgia law gives employers the first opportunity to decide where an injured worker must go for treatment but this control is not complete:

More on What is a "Claimant's IME" and How Can I Take Advantage of this Powerful Benefit?

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What is an independent contractor?

Any business, corporation, or individual that provides products or services to a business entity and is specified contractually or by verbal agreement is referred to as an “independent contractor.” According to the IRS tax codes, they are not defined or recognized as an employee of that business or corporation. They typically work as they are required to and are usually subject to what is called the Law of Agency.

More on Independent Contractors and Workers' Compensation

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Recently I had a workers' comp case where my client suffered from a very severe and complex ankle injury and had to undergo 2 surgeries over a period of several months. Even after the surgeries, she still required ongoing medical care and had limited range of movement, resulting in her inability to work certain jobs.

More on Workers' Comp Tip: If your work involves tips, keep good/accurate records of wages earned

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Recently I had to handle a situation for a client when the workers' compensation insurance company denied treatment for migraine headaches caused by medication given to my client by an authorized physician.

More on Can Insurance Company Deny Treatment for Medication Side Effects?

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The economic downturn has led to an increase in companies that try to cut payroll costs by illegally classifying workers as independent contractors rather than employees. This practice costs the government billions in lost revenue and can leave workers with nothing when they are hurt on the job or are laid off. The Internal Revenue Service and 37 states are starting to crack down.

More on Independent Contractors vs. Employees: Know what kind of worker you are

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Although Georgia's workers' compensation system is supposed to foster an environment where legitimately injured workers can get needed treatment and then return to work, the reality is much different.   It has been my experience that workers' compensation practice is just about as adversarial as divorce practice.  Often justice and fair play take a back seat to "winning" and efforts by employers insurance companies to avoid paying benefits.

More on Employee Gets Bad Information About Legitimate Job Injury

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