Personal Injury & Workers Compensation Blog

Personal Injury Blog

  • How Sovereign Immunity Affects Georgia Injury Claims

    Posted By Douglas F. Kaleita, P.C. || 23-Jan-2018

    The History of Sovereign Immunity Sovereign immunity is an idea that passed into American history through its British heritage. The idea of sovereign immunity is that a government as an acting entity should not be held accountable for certain actions. The monarch of Britain has sovereign immunity from any legal action. This means that he or she is literally untouchable in the British court system. ...
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  • Appealing a Workers' Comp Claim Denial in Georgia

    Posted By Douglas Kaleita || 8-Dec-2017

    Georgia residents' workers’ comp claims are denied each and every day. There are numerous reasons why a workers’ comp claim can been denied, such as: The paperwork was filed incorrectly. The time period for filing was missed. The accident is being disputed. The accident is not “work-related.” However, a denied claim is not the end of the story. In the state of Georgia, ...
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  • What Are Georgia's Rules on Mileage Reimbursement?

    Posted By Douglas F. Kaleita, P.C. || 20-Apr-2017

    One of the most overlooked financial costs when it comes to workers’ compensation is the cost of traveling to and from your appointments. After a serious injury, you could be facing multiple appointments a week—medical exams, follow-ups, treatments, physical therapy—none of which are guaranteed to be local. The need for care from specialists (especially after a serious work ...
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  • Maximum Medical Improvement (MMI) & Workers' Comp Claims

    Posted By Douglas F. Kaleita, P.C. || 30-Nov-2016

    A work injury that requires a fair amount of treatment will typically entitle the injured worker to weekly income benefits, if disabled from work, and also to medical benefits for treatment of the injury. Regarding medical benefits, there are two different types of medical costs that play out over time: upfront costs and ongoing costs. The upfront cost is what is necessary for initial treatments, ...
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  • Workers' Compensation Claims Involving Multiple States

    Posted By Douglas F. Kaleita, P.C. || 16-Nov-2016

    Most employees in the country work out of a single office, store, or premises. Some may be sent to various jobsites throughout a city, such as a subcontractor. And yet, there are a select few who actually travel in between states as part of their job duties. Many of these multistate workers are in the shipping and transportation industries, such as truck drivers and flight attendants, but there ...
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  • Child Support & Workers Comp: Will Overdue Support Payments Affect My Claim?

    Posted By Douglas F. Kaleita, P.C. || 26-Sep-2016

    In the event of a devastating work-related injury or other unforeseen circumstance, injured workers with children may sometimes find themselves in tough financial straits and fall behind on their obligation to pay child support. In fact, this scenario is not uncommon. In some cases, injured or ill workers who have fallen behind on child support may see their weekly workers’ compensation ...
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  • What You Can Expect Weekly from Your Workers' Comp Benefits

    Posted By Kaleita Law Firm || 28-Apr-2016

    If you have been injured on-the-job and are now receiving or are anticipating receiving weekly workers’ compensation benefits, it will help for you to know how much you should be receiving each week. But how is that determined? Does it depend on your injury, or is there a statute that sets how much an employee disabled from work should receive? If you are disabled from work and your injury ...
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  • Workers' Comp Opt-Out Policies Are Bad for Employees

    Posted By Douglas F. Kaleita, P.C. || 13-Apr-2016

    Every state has its own set of rules and regulations regarding workers’ compensation. While many states have slight variations, most workers’ compensation plans require employers to have a policy that covers medical expenses and a portion of lost wages – usually 2/3 - in the event that an employee should suffer a work-related injury or illness. In recent years, however, some ...
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  • Workers' Comp Claims and Dishonest Employers

    Posted By Douglas F. Kaleita, P.C. || 26-Oct-2015

    Workers' Compensation injuries can happen virtually anywhere, and in any work environment. If you work in a retail location, a factory, or even a restaurant, you are probably well aware of just how many on-the-job dangers you face on a daily basis. Slips, burns, machinery, falling objects, and more can all hurt you without warning. If the hazards are so obvious to you and your coworkers, they ...
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  • 400-Week Cap on Medical Benefits in Most Georgia Workers' Compensation Claims

    Posted By Douglas F. Kaleita, P.C. || 22-Oct-2015

    In 2013, the Georgia Legislature revised the Georgia Workers’ Compensation Act in various ways, which the Legislature typically does each year. One major revision the Legislature made in 2013, however, was to create a cap on medical benefits for all non-catastrophic injuries that occur on or after July 1, 2013. This is a significant change, and has a greater impact on injured workers than do ...
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  • Can I Sue My Employer for Negligence?

    Posted By Douglas F. Kaleita, P.C. || 26-Jun-2015

    The Exclusive Remedy Doctrine in Workers’ Comp Cases If you were injured on the job due to your employer or a co-worker's negligence, you may be wondering if you can sue either party. Unfortunately, in Georgia, the answer is no. Instead, you get a workers' compensation claim under the Exclusive Remedy Doctrine. The good news is that if you are injured on the job, doing something you ...
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  • How Medical Treatment Is Provided in Georgia Workers' Comp Claims

    Posted By Douglas F. Kaleita, P.C. || 23-Jun-2015

    In Georgia workers' compensation claims, the injured worker is entitled to medical treatment at the employer and insurance company's expense for any work injuries. While there are a few methods through which such treatment can be provided, the most common method in use today is the "panel of physicians." The panel of physicians is supposed to be posted in a noticeable location on ...
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  • Getting to Know Your Atlanta Workers' Compensation Attorney

    Posted By Douglas F. Kaleita, P.C. || 18-Jun-2015

    Suffering an injury on the job can be a terrifying situation. Will you be fired for being unable to work? Can your employer retaliate if you try to file a workers’ compensation claim ? What legal rights should you be aware of? No one should have to navigate this time on their own, which is why Douglas F. Kaleita has dedicated his career to representing injured workers. Based out of Atlanta, ...
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  • Can I Be Terminated for Being Injured on the Job?

    Posted By Douglas Kaleita || 10-Oct-2014

    There are many states in which it is illegal to fire an employee after he or she has been injured while on the job. This is not true in the state of Georgia. In Georgia, employees who miss a lot of work as a result of being injured on the job could be subject to termination. Workers' compensation insurance providers in the state are very stringent on this matter and will often require ...
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  • Workers' Compensation and the Undocumented Worker

    Posted By Douglas F. Kaleita, P.C. || 10-Oct-2014

    Every employee within the state of Georgia who is employed by a company or business that has more than three total employees, will be afforded the protection of the employer's workers' compensation insurance. Georgia laws dictate that a person's immigration status has no bearing on whether he or she is eligible to file a workers' compensation claim and receive benefits. ...
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  • Top Mistakes for Injured Workers to Avoid

    Posted By Douglas F. Kaleita, P.C. || 16-Apr-2014

    Have you been injured while working on the job? If so, you are probably experiencing feelings of frustration, anxiety and possibly anger. In times like these it is very important to get educated on the Georgia workers' compensation system because any wrong move could be detrimental to the success of your claim. When filing a workers' comp claim it is important to remember that insurance ...
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  • General Releases in Workers' Compensation Claims

    Posted By Douglas F. Kaleita, P.C. || 13-Nov-2013

    General Releases are another matter altogether. In the majority of claims that are settled, the defense attorney will send over a release with varying language depending upon the attorney and the defense firm, but all variations upon a common theme, ergo, a release of all manner of claims that could ever possibly have arisen from the employment relationship. Of course, most of these potential ...
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  • Stipulation and Agreement in Workers' Comp Claims

    Posted By Douglas F. Kaleita, P.C. || 11-Nov-2013

    Once the Stipulation and Agreement is approved, the Employer/Insurer will have 20 days to mail the settlement checks, pursuant to O.C.G.A. Sec. 34-9-221 and Board Rule 221. (If the insurer's office is outside of the state of Georgia, the insurer will have 17 days.) The Employer/Insurer will issue two separate checks, one payable to the Employee/Claimant's attorney for attorney's fees ...
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  • Two Types of Stipulation and Agreement Used to Settle Workers' Comp Claims

    Posted By Douglas F. Kaleita, P.C. || 8-Nov-2013

    There are two types of Stipulation and Agreement that can be used to settle a Workers' Compensation claim; both are specifically authorized by O.C.G.A. Sec. 34-9-15, and both must be filed with the State Board. The first type is called a "liability stipulation;" the second is called a "no liability stipulation." As is clear from the name, the liability stipulation is used ...
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  • How to Finalize a Workers' Compensation Settlement

    Posted By Douglas F. Kaleita, P.C. || 6-Nov-2013

    Once a settlement has been reached, through mediation or through simple negotiations, the settlement must be approved by the State Board of Workers' Compensation. No agreement to settle a Workers' Compensation case in Georgia is enforceable until the settlement has been approved by the State Board. Accordingly, any party to the settlement is free to back out of the agreement until the ...
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  • Workers' Compensation and Subrogation

    Posted By Douglas F. Kaleita, P.C. || 23-Oct-2013

    In Workers' Compensation claims that also involve a third party tort claim that can be brought by or on behalf of the injured worker, such as an injury arising out of an automobile collision caused by a third party, the Employer/Insurer has a statutorily granted right of subrogation for Workers' Compensation benefits paid. The framework for the subrogation rights of the Employer/Insurer in ...
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  • What are Structured Settlements?

    Posted By Douglas F. Kaleita, P.C. || 22-Aug-2013

    Some Employer/Insurers in Workers' Compensation claims will wish to reach a structured settlement, with payments made to the Employee/Claimant over time. This can be common in larger claims, but it is also sometimes seen in smaller claims. The considerations in such situations in Workers' Compensation practice are largely the same as they are in Personal Injury practice, and will not be ...
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  • Medicare Set-Aside Allocations

    Posted By Douglas F. Kaleita, P.C. || 7-Aug-2013

    A topic related to catastrophic injury claims, but not limited to them, is the topic of Medicare Set-Aside Allocations or trusts ("MSA's"). This is a complicated area, and has been an important issue in Workers' Compensation for some years. An MSA may be necessary anytime a settlement is reached in a Workers' Compensation claim where the Employee/Claimant is currently a ...
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  • Workers' Compensation Catastrophic Injury Claims

    Posted By Douglas F. Kaleita, P.C. || 19-Jul-2013

    When handling and working towards settlement of a Workers' Compensation claim, there are various particular situations that may arise and specific issues that may come up that may require some type of special handling by the Atlanta workers' compensation lawyer that represents you. Cases involving catastrophic injuries are generally not subject to the ceiling of 350 or 400 weeks on TTD and ...
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  • Vocational Rehabilitation Benefits

    Posted By Atlanta Workers' Compensation Attorney || 8-Jul-2013

    Another potential category of exposure for the Employer/Insurer in the Workers' Compensation case is benefits for vocational rehabilitation. While many attorneys practicing in this area may assert that this category can be as much of a nuisance to the injured worker and his attorney as it can be a benefit, it should still be addressed in the attempt to maximize settlement value. Unless the ...
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