The Georgia Legislature recognized that when workers are injured on-the-job, they are entitled not only to receive adequate compensation, but also to obtain those benefits in a timely manner. In order to give employers incentive to comply, lawmakers passed a provision...
Month: January 2018
Burkhart v. H.J. Heinz Co. – Asbestos Injury Deposition Inadmissible in Workers’ Comp Case
If you have been injured in the course of your employment, generally the only compensation you can receive will come from your workers’ compensation insurance. However, there are third-party liability exceptions. One of the most common examples is third-party toxic...
Reed v. Malone’s Mechanical – Third-Party Claims Must Be Comprehensive From Start
A recent third-party liability claim stemming from a work injury failed because plaintiff did not name all potential defendants soon enough in the process.While this oversight seems obvious in hindsight, the reality is identifying all responsible parties, particularly...
Hayes v. Rosenbaum Signs – Employer Can’t Take Inconsistent Positions on Work Injury Claim
Our Atlanta work injury lawyers expect employers to challenge workers’ compensation claims on the grounds that they weren’t actually caused by job duties. We also sometimes anticipate challenges to ongoing benefits, based on argument the underlying work injury has...
Whigham v. Jackson Dawson Communications – Kickball Game Injuries Compensable
Sport’s injuries are not typically covered under worker’s compensation insurance. But as our Atlanta workers’ compensation lawyers have come to know well, there are always exceptions.A perfect example of this was highlighted recently in the case of Whigham v. Jackson...
Harris v. Millennium Hotel – Same-Sex Partnership and Workers’ Compensation Benefits
Workers’ compensation benefits are intended to aid an employee and his or her dependents in the event serious injury or death arises in the course of job-related functions.Generally, for purposes of benefit collection, “spouses” are defined under workers’ compensation...
Gregory v. Cott – Workers’ Compensation Exclusive Remedy for Some Injured Health Workers
Health care workers, including those who provide in-home care, are at high risk for violence on the job, especially when working with patients suffering from dementia, accompanied by aggression.However, these workers may have difficulty securing damages from the...
Cruz v. Workers’ Compensation Appeal Board – Court Weighs Proof Burden for Injured Undocumented Workers
It’s been well-established by courts across the country – including Georgia – that undocumented and illegal immigrants who sustain work injuries are entitled to collect worker’s compensation insurance benefits from their employer.Further, our Atlanta workers’...
Higginbotham v. WSI – Disputing Conclusions of Vocational Rehabilitation Report
In Georgia work accidents, employees who have suffered injures that are not considered catastrophic may be entitled to vocational rehabilitation. This is a service offered when a worker is no longer able to perform his or her previous job, but may still be able to do...
Hanik v. Christopher & Banks, Inc. – Courts Wrestle With Compensability of Parking Lot Fall
In determining whether an injury is covered by workers’ compensation, three general factors are considered: The zone of employment, whether the injury is work-related and the coming-and-going rule.Every state has its own workers’ compensation laws and interpretation...

