Category: Workers’ Compensation Litigation


If my job fires me because I was hurt at work, can I get TTD (temporary total disability)?

While an employer in Georgia can fire you after a workers’ comp claim, my firm has seen it, (or even because of it) without giving rise to a wrongful termination suit under any type of state law, it can mean you get workers’ compensation disability benefits without being required to look for work, as one  … Read more

2013’s Top Cases of Workers’ Comp Fraud

Workers’ comp fraud: the phrase conjures images of employees playing hooky and pretending to suffer from crippling injuries sustained at work, all while cashing in a nice, big check from their innocent and well-meaning employers. Right? Wrong. According to a list compiled by Professor Leonard T. Jernigan, Jr., 49 of 50 fraudulent workers’ comp cases  … Read more

Can workers’ comp claim investigators use my Facebook feed as evidence?

In the midst of a workers’ comp case, most insurance companies will use whatever they can get their hands on to protect their assets—including social media. Although a legal precedent has not been set, some courts have allowed the use of photos and personal information posted to social media sites as evidence for a plaintiff’s condition, or  … Read more

Atlanta Workers’ Comp Lesson Number 1: Check Your Mail

Ready Mix USA can testify that one of the quickest ways to lose a workers’ comp case is to ignore a notice sent by the Georgia Courts. After failing to show for a worker’s compensation hearing for one of their employees, Terrell B. Ross, both Ready Mix and their insurance company, Liberty Mutual, found themselves  … Read more

Officials Investigate Daycare Brawl in Atlanta, GA

State officials in Georgia are currently conducting a formal investigation of a shockingly vicious brawl that took place last year in an Atlanta daycare center. Footage from the fight was first aired by WSB-TV, revealing two facility workers and one parent swinging their fists at each other and wreaking havoc in the baby room of  … Read more

When Dealing with Claims Adjusters, Always Read the Fine Print

Here is the story of one man, his company, and a rather unscrupulous claims adjuster. Kevin Miles, the sole owner and manager of Nebo Ventures, LLC, made his living helping various companies obtain and fulfill contracts with both state and local governments. In 2003, he was contracted by a larger company (formerly known as NovaPro,  … Read more

Can the workers’ comp defense attorney threaten to have me deported to force a low settlement?

Imagine this scenario: A nursing home employee–let’s call her Janice–is injured on the job when she slips and falls on an unmarked wet spot on the floor. She immediately reports the injury to her supervisor and proceeds to file a request for medical benefits, temporary disability benefits, and whatever else she may need in the  … Read more

Are assessed attorney’s fees awards often affirmed by Georgia higher courts?

Well, yes.  And here’s an example… On October 26, 2010, Martha Ayers was injured on the job. Immediately after the injury, Ms. Ayers officially reported its occurrence. The next day, her employer, Heritage Healthcare of Toccoa, fired her unceremoniously and denied her request for disability benefits. Undeterred, Ms. Ayers went on to file a request  … Read more

Can a Georgia workers’ comp claimant pursue late penalties that are 10 years past due?

Meet Michael Reid, an employee of the Metropolitan Atlanta Rapid Transit Authority (MARTA). In October 1999, Reid was injured on the job. He played by the rules and filed a claim within the designated time period, and for his trouble, was awarded temporary total disability (TTD) payments–32 of them, to be exact. Of those 32  … Read more