In many workers’ compensation claims, the primary issue is the fact the employee can no longer work. He or she needs coverage not only of medical bills, but of a portion of the wages lost and, in some cases, the loss of earning potential via permanent partial...
Georgia Workers’ Compensation
Preliminary BLS Report: Work-Related Deaths Up in 2014
The preliminary Census of Fatal Occupational Injuries for 2014, released by the U.S. Bureau of Labor Statistics, indicates a 2 percent increase in the number of deadly work accidents compared to 2013. Early national estimates are that 4,679 workers were killed on the...
Newlon v. Teck American – Clincher Agreements in Workers’ Compensation
In workers’ compensation case law, a “clincher agreement” is a compromised settlement between an injured worker, the employer and the employer’s insurer. Clincher agreements indicate a final resolution of a case. Usually, this involves some lump sum cash settlement in...
Kelly v. Blue Ribbon Linen Supply – Injury Returning From Workers’ Comp Exam Compensable
In order to obtain workers’ compensation benefits in Georgia, the employee must have fallen ill or gotten injured while acting in the course and scope of employment. There are also allowances when some aspect of work exacerbated an existing condition. Usually, if an...
Christiana Care Services v. Davis – Workers’ Compensation Settlement Agreements Binding
Settlement of a workers’ compensation claim should only be entered into by workers who have had time to consult with an experienced attorney. The reason is settlement agreements are binding contracts, and signing off on one may prohibit any future claim for injuries,...
Vebr v. Culp – Uninsured Employer and Third-Party Litigation
In Georgia, as in most other states, almost all employers are required to carry workers’ compensation insurance, which provides coverage to employees in the event of a work-related injury. The guideline here is that all companies with three or more employees must...
Georgia Worker Injured by Electrical Arc Flash
Local news reports from Euharlee, about 1.5 hours northwest of Atlanta, indicate a contractor at the Georgia Power plant suffered injuries to both arms in an electrical accident. A spokesperson for the company said the worker was conducting off-line maintenance when...
Georgia Company Fined $51,000 for OSHA Work Safety Violations
A global floor mat manufacturer has been fined more than $50,000 after a worker was seriously injured while working in the company’s Calhoun plant, about an hour north of Atlanta. According to a news release by the U.S. Department of Labor, the 42-year-old maintenance...
Fairchild v. Kentucky Fried Chicken – Credibility of Workers’ Compensation Claimant at Issue
It’s not highly unusual that a 16-year-old boy would inflate his athletic ability or academic prowess at some point. However, those alleged statements by one teen in Idaho appear to have cost him a higher disability rating that could have led to a greater sum of...
Positive Drug Test No Bar to Compensation for Deceased Worker’s Family
The surviving family of a deceased worker may still collect workers’ compensation death benefits, even though he tested positive for marijuana. An appellate court in Louisiana ruled the family was entitled to benefits after the warehouseman for the Atlanta-based...

