Category: Workers’ Compensation Insurance


Do workers stand to lose if employers are allowed to opt out of workers’ comp?

Workers’ compensation reform hasn’t just been a hot button issue here in Georgia. Other states are wrestling with change in their state systems, as well. One of the most current examples of this is the state of Oklahoma. The Oklahoma State Senate approved a bill last week that would allow companies to self-insure or have alternative coverage in  … Read more

Overhaul the Georgia Workers’ Compensation system? No, no, no. No.

There was much talk last year of overhauling the Georgia workers’ compensation system. Some interests planned (and perhaps still plan) to ask the Legislature to further regulate medical treatment under the Georgia worker’s comp system by imposing medical treatment guideline regulations. This is a bad idea for many reasons, but I want to discuss of a few  … Read more

Workers’ Compensation fraud means we all hemorrhage dollars.

If you were to hear the phrase ‘workers’ compensation fraud’, what would it bring to mind? It seems that most people might assume that phrase means that the system is being gamed by employees seeking benefits to which they are not entitled. In fact, the phrase ‘workers’ compensation fraud’ more aptly describes the actions by  … Read more

Can my social media use somehow become part of my workers’ compensation case?

Where worker’s compensation cases are concerned, insurance company attorneys will look for information about a Plaintiff wherever they can. Well, it appears that –for the most part– enthusiastic users of social media sites and applications can rest easy for now; some recent legal decisions indicate that judges aren’t in any hurry to give blanket access to Plaintiff status  … Read more

Can the workers’ comp insurance company’s lawyer talk to my doctor without me?

The Georgia Court of Appeals has, fairly recently, decided that injured workers cannot be forced to sign away medical privacy rights–specifically, the right to refuse consent for the opposing attorney to meet alone with the treating doctor and tell him/her God knows what–in order to continue getting workers’ compensation disability benefits. A brief summary of  … Read more

What can I do if someone associated with my workers’ comp case violates my health information privacy rights?

When you file a workers’ compensation claim in Georgia, you’ll need to sign a WC-207 release that allows the workers’ compensation employer/insurer to access medical records reasonably related to your injury at work.  Medical records may, of course, be shared between different doctors and specialists.  However, sometimes medical information that is protected is shared with  … Read more

When can I get assessed attorney’s fees in a workers’ compensation case in Georgia?

One can be awarded attorney’s fees–in addition to the amount awarded, as opposed to as a percentage of the amount awarded–in a few instances under the Georgia Workers’ Compensation Act. Basically, the insurance company needs to have behaved “unreasonably.” While getting an Administrative Law Judge to find that an insurance company or its attorney has  … Read more

How can I research other Georgia workers’ compensation Administrative Law Judge decisions?

The Georgia State Board of Workers’ Compensation has, relatively recently, added a hyperlink on its website that allows searching for Administrative Law Judges’ decisions from workers’ compensation hearings in Georgia. So, if you’re wondering what a workers’ comp decision looks like, what’s important v. unimportant to an ALJ, or what issues are most frequently litigated, take a  … Read more

How much tax do I owe on my workers’ compensation settlement in Georgia?

Unless your workers’ compensation payment reduces your Social Security benefits, the amount paid pursuant to a settlement or other judicial award are NOT taxable income, per IRS Publication 525. If your Social Security benefits have been reduced because of your workers’ compensation benefits, only that portion of your workers’ comp benefits is taxable. In addition to settlements, TTD (temporary  … Read more

What does it mean when my workers’ compensation lawyer files a lien on my case?

If you read your workers’ comp lawyer’s fee contract carefully, there’s probably a provision in there about what happens if you fire your attorney. Usually, the attorney will file a WC-108b with attached documentation outlining the number of hours spent on your claim and the administrative expenses incurred. The fee contract should lay out an hourly fee in case  … Read more