Posted on October 10, 2022 in Workers’ Compensation

Not all workers' compensation claims can be successfully resolved without going through the litigation process. A key component of the litigation process is your deposition. Most workers' compensation depositions of an injured worker follow a similar pattern and cover similar topics. The following list includes questions an injured workers is ordinary asked.

Personal Information About Yourself: Such as What is your marital status? What is the highest level of education you have attained? Have you ever been convicted of a crime? What is your immigration status?

These questions are intended to obtain general information and give the defense counsel an opportunity to gauge your personality and how you respond.

Previous Employment: The opposing counsel will ask you if you ever had a prior on-the-job injury. It's critical that you answer truthfully even if you had a previous injury. You will also be asked if you have ever been terminated by any prior employers.

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 Posted on October 10, 2022 in Workers’ Compensation

Injured workers cannot receive any compensation for pain and suffering for their workers compensation claim in the state of Georgia While injured parties are entitled to receive awards for pain and suffering in other types of cases, Georgia Workers' Compensation law expressly prohibits this. This is so because, in Georgia, workers' compensation is a no fault system. This means that all workers are entitled to receive works compensation benefits for any on the job injury. Even workers who cause their injuries as a result of their own negligence are entitled to receive workers' compensation benefits, but the injuries must arise from an accident and not a deliberate event, such as; fighting on the job, or an intentionally self-inflicting wound. Also, if the injured worker was intoxicated at the time of his accident and the intoxication directly caused his injuries, he is not entitled to receive workers compensation benefits.

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 Posted on October 07, 2022 in Workers’ Compensation

YES, an injured worker entitled to out-of-pocket expenses. Any out of pocket expenses that an injured worker incurs throughout the course of his workers comp claim may be submitted to the insurance adjuster for reimbursement. These expenses include but not limited to, mileage to and from medical appointments, prescription medicine refills, and costs of an in home care provider or nurse. Please keep in mind that any such reimbursement request must be submitted within 1 year of the date of when the expense is incurred. It is critical that you keep and maintain all documentary evidence and receipts of said expenses. One of the more common reimbursement request is for an injured workers mileage, in order to properly submit a mileage reimbursement request, the injured worker must maintain a travel log showing the dates of all medical appointment, the distance traveled to said medical appointments, and the names of the medical providers. Your attorney can assist you in completing your travel log and your attorney can submit the log to the insurance adjuster for payment. However, if you are already receiving transportation services provided by the workers' compensation insurer, then there is no need to maintain a travel log.

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 Posted on October 07, 2022 in Workers’ Compensation

Kim Kardashian was sued Tuesday by the carrier, Applied Risk Services, for a company that employed a man who says he was injured in a 2014 Beverly Hills collision involving a car driven by the reality star.

Applied Risk Services Inc. filed the lawsuit in Los Angeles Superior Court, seeking unspecified damages.

Linares sued Kardashian in a separate complaint filed March 1, which says the crash occurred on Sunset Boulevard near Benedict Canyon Drive on March 11, 2014. Linares has had to seek medical care and his car was damaged and is now worth less than before the collision, according to his court papers.

The Applied Risk Services suit seeks recovery from the 35-year-old Kardashian of all workers' compensation benefits paid to Linares as a result of his injuries from the accident.

In the state of Georgia, there are certain workers' compensation benefits that you are entitled to such as: rehabilitation, medical treatment, prescription medication. It is possible to file both a personal injury and a workers' compensation claim to seek benefits against the at-fault driver and your employer's workers' compensation insurance. In many cases, workers can recover damages from a third-party claim in addition to filing for workers' compensation benefits.

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 Posted on September 08, 2022 in Workers’ Compensation

More than 3,300 workers at Tyson Foods plants will split $2.9 million in back pay to compensate them for time it took them to put on and take off protective gear.

The decision came Tuesday from the U.S. Supreme Court, in a case that revolved around the question of whether the workers could band together to bring a class action case. Tyson (TSN) argued that since each employee spent a different amount of time putting on gear and removing it, they shouldn't be able to sue as a group. The court rejected that argument on a 6-2 vote.

The case is important for businesses of all kinds, which have been seeking to challenge the use of class action suits. Those suits give attorneys the incentive to sue even if each victims might each be due relatively modest damages.

The Tyson case centered around a 2011 Supreme Court decision that denied thousands of Walmart (WMT) workers who alleged they were victims of gender discrimination the right to bring a class action.

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