Personal Injury & Workers Compensation Blog

Personal Injury Blog

  • What If Insurance Says the Work Accident Was My Fault?

    Posted By Douglas F. Kaleita, P.C. || 9-Nov-2018

    There are few injuries more stressful than injuries that keep you from making a living. Thankfully, the workers’ comp program exists to help injured workers continue providing for their families while they recover. Whether you were injured on the job because of an accident or inhaled toxic fumes, workers’ compensation usually covers all on-the-job injuries. This usually includes ...
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  • 5 Common Workers' Comp Mistakes Georgia Workers Make

    Posted By Douglas F. Kaleita, P.C. || 9-Sep-2018

    Being injured on the job can be frustrating and overwhelming—meaning you may not be making the best decisions for your future while you’re reeling from the accident. Many worker’s compensation claims are denied simply because the worker made choices that inadvertently killed their claim. Below are common mistakes that should be avoided while filing for workers’ compensation ...
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  • Are Independent Contractors Entitled to Workers' Comp in Georgia?

    Posted By Douglas F. Kaleita, P.C. || 9-Aug-2018

    It’s becoming more and more common for companies to hire workers on a contract basis. Under Georgia law, employers are required to provide workers compensation for their employees, including medical and disability benefits for injuries on the job. But that begs the question: are contract workers eligible for workers’ comp and other benefits? What If I’m a Private ...
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  • 3 Steps to Ensure the Accuracy of Your Independent Medical Exam

    Posted By Douglas F. Kaleita, P.C. || 18-Jun-2018

    If you’re seeking workers’ compensation benefits, it’s not uncommon for employers and insurance claims adjusters to request that you undergo a medical examination with an independent physician of their choice. This is called an Independent Medical Exam or an Insurance Medical Exam (IME). Don’t be intimidated by an IME; it’s standard procedure in many workers’ ...
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  • One Killed & Two Injured in South Fulton Truck Accident

    Posted By Douglas F. Kaleita, P.C. || 24-Apr-2018

    Just before 5 PM tonight, a deadly car crash occurred at the intersection of South Fulton Parkway and Rivertown Road in South Fulton County. The accident has left 1 dead and at least 1 other person in critical condition. Local police are saying that the crash involved a tow truck, a tractor-trailer, and a passenger vehicle. According to them, the passenger vehicle was coming off of Rivertown Road ...
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  • What Happens When My Georgia Workers' Compensation Check Doesn't Come?

    Posted By Douglas F. Kaleita, P.C. || 1-Mar-2018

    Although workplace injuries are tragic, many employees in the United States can recover due to benefits recovered under workers’ compensation. In fact, thousands of Americans file workers’ compensation claims every day; in 2013 alone, workers received $6.5 trillion for payroll coverage. While workers’ compensation is a lifesaver for hundreds of thousands of Americans, what ...
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  • 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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