Year: 2017

Workers Compensation Fees

Attorney’s Fees in Georgia Workers’ Compensation Cases

Attorney’s fees in Georgia workers’ compensation cases are regulated by statute. Specifically, O.C.G.A. § 34-9-108 dictates that with respect to workers’ compensation claims, attorney’s fees cannot exceed 25% of the injured worker’s award of weekly benefits or settlement.  As it relates to settlements, it is important to note that attorney’s fees are not taken against any portion of a settlement that is specifically designated for the injured workers’ future medical treatment.

While attorney’s fees for other types of litigation may exceed this amount, when it comes to workers’ compensation cases within the state of Georgia, no attorney can charge a fee of greater than 25%.  This is yet another way in which workers’ compensation claims are drastically different

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

If you’d like to discuss your Georgia workers compensation case, please call at 678-242-7626 or complete the intake form below.

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
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Georgia Workers Compensation Benefits - Mileage

Mileage Reimbursement

Something that Injured Workers’ often overlook when dealing with a workers’ compensation claim is an entitlement to reimbursement for mileage and other expenses associated with traveling for treatment related to your workers’ compensation claim. Whether you are required to travel locally or across the state, Georgia law allows for Injured Workers to be compensated for their travel.

As of the time of this writing, Injured Workers are entitled to receive 40 cents per mile as reimbursement for the travel associated with their workers’ compensation claim – including traveling to and from authorized medical appointments. It is important to note that there is a time limit within which you must request your reimbursement. All mileage must be presented for reimbursement within one year.

Further, if you are forced to come out pocket to pay for parking, it is important to note that those expenses are also subject to reimbursement. Just make sure that you keep any receipts associated with parking for your medical appointments. Also, be aware of the fact that there are certain circumstances in which you may be reimbursed for overnight stays and meals. It is recommended that you speak with an attorney in order to ensure that you are receiving all of the benefits that you are entitled to.

Have you or a loved one been involved in a workplace accident? It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented. Contact the attorneys at Dan Chapman & Associates. We offer free case evaluations and collect no fees unless you win!

If you have questions about your workers compensation benefits, please call us at 678-242-7626 or complete the intake form below!

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
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georgia-workers-compensation-benefits-child-support

Outstanding Child Support Obligations and Your Workers’ Compensation Claim

Following a workplace accident, you may find yourself facing significant financial strain.  Faced with such financial strains, Injured Workers often find themselves falling behind on a number of financial obligations – including child support.

In the event that you fall behind on your child support payments, your workers’ compensation benefits may be impacted in two ways.  First, your weekly workers’ compensation checks may be reduced in order to pay back child support.  Alternatively, in the event that your claim involves a lump sum settlement, your portion of the settlement may be reduced by the amount of child support that past due.  These financial arrangement are often negotiable, but it is recommended that you speak with an attorney who is experienced in handling these types of situations.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

If you’d like to discuss your Georgia workers compensation case, please call at 678-242-7626 or complete the intake form below.

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
  • Please tell us who you work for.
Stipulation and Agreement in Georgia Workers’ Compensation Claims

Stipulation and Agreement in Georgia Workers’ Compensation Claims

After you claim has settled and the settlement documents have been approved by the State Board of Workers’ Compensation, by law, the Employer/Insurer will have 20 days (17 days if the insurer is located outside of Georgia) in which to issue the settlement checks.  In the event the settlement checks are not issued within 20 days of the Board’s approval of the settlement documents, then the Employer/Insurer may be subject to a late-payment penalty equal to 20% of the total settlement amount.

It important to note that the Employer/Insurer will issue two separate checks – one check to cover the attorney’s fees and expenses, and a second check made payable to the injured worker.  These checks will often be mailed to your attorney’s office and your attorney will contact you once they have received the settlement proceeds.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

If you’d like to discuss your Georgia workers compensation case, please call at 678-242-7626 or complete the intake form below.

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
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georgia-workers-compensation-remedy-law

Workers’ Compensation…Exclusive Remedy Under Georgia Law

If you are injured at work due to the negligence of your employer or a co-worker the question may arise “can I sue the at-fault party for their negligence?”  Unfortunately, the answer is no. This is because under Georgia law, when it comes to workplace injuries, filing a workers’ compensation claim is an injured worker’s exclusive remedy.

The so-called “Exclusive Remedy Doctrine” is both good news and bad news for workers injured in Georgia.  The good news is, if you are injured in the course and scope of your employment, you are entitled to file a workers’ compensation claim – regardless of who is at fault.  Consequently, in most circumstances, you are permitted to file a workers’ compensation claim even if the accident was your fault.  This is true unless you were intoxicated, engaged in horseplay, or were engaged in some type of willful misconduct at the time of the accident.

The flip side of the Exclusive Remedy Doctrine is that since the employer or insurer must accept any claim that occurs in the course and scope of employment (with the exception of the specific instances detailed above) an injured worker cannot bring a cause of action for negligence against their employer or a co-worker.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

If you’d like to discuss your Georgia workers compensation case, please call at 678-242-7626 or complete the intake form below.

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
  • Please tell us who you work for.

Texas High Court Ends Appeal With Mesh Patient and Johnson & Johnson

A woman whose $1.2 million pelvic-mesh injury award was erased by an appeals court has asked the Texas Supreme Court to call off a final review, citing a settlement with device maker Johnson & Johnson.

Linda Batiste won $1.2 million in April 2014 over injuries allegedly caused by the TVT-O bladder sling. An appeals court overturned the trial award in November 2015 and Batiste quickly appealed to the Texas Supreme Court, where the case has been shelved ever since the two sides said last May that they’d reached a settlement in principle.

They asked the court Monday to dismiss the petition for review — despite still calling the deal an “agreement in principle.”

“The parties to this appeal have reached an agreement in principle to settle this case. Therefore, the parties file this joint request to dismiss the petition for review,” lawyers for Batiste and J&J said in the joint filing.

In the short motion, they also requested unspecified “general relief.”

TVT-O pelvic mesh is used to treat stress urinary incontinence. The Dallas appeals court had held in November 2015 that Batiste must show a link between an alleged defect — like the alleged propensity of the TVT-O’s heavyweight, small-pore mesh to erode — and her injuries, instead of just showing that injuries were caused by the device as a whole.

Representatives for the parties were not immediately available for comment.

Batiste had first requested that the state high court put the case on hold in May 2016, saying the parties had reached a settlement in principle but needed time to hammer out details and get them on paper. A status report from Jan. 31 of this year indicated that they’d made “significant progress” and asked for the last in a line of extensions.

Batiste had contended the appellate court wrongly required her to prove her injuries were caused by a specific defect, saying Texas courts are split on whether medical device cases are specifically exempt from a Texas product liability law that requires plaintiffs to isolate causation to a specific defect.

That’s a standard under which “it will be virtually impossible for any plaintiff to prevail on a product liability claim against a drug or device manufacturer in Texas,” Batiste had told the high court in her initial petition.

The Dallas appeals court said in November 2015 that while it’s undisputed that TVT-O can cause complications and it’s undisputed that Batiste suffered from those complications, the law of products liability doesn’t guarantee a product will be free of risk.

Batiste is represented by Tim Goss and Sara Turman-Vedral of Freese & Goss PLLC, Peter de la Cerda of Edwards & de la Cerda PLLC, Richard Capshaw of Capshaw & Associates, and David Matthews of Matthews and Associates.

Johnson & Johnson is represented by Stephen Brody and Charles Lifland of O’Melveny & Myers LLP and Scott Stolley of Cherry Petersen Landry Albert LLP.

The case is Batiste v. Johnson & Johnson et al., case number 15-0975, in the Supreme Court of Texas.

Link to appeal

If you have suffered from Hernia Mesh Complications then click here to submit a free case evaluation and analysis. There are no fees unless we win your case.