Author Archives: Site Administrator
Cummings & Middlebrooks Secures Surgery Authorization for Injured Client Along with Assessed Attorney’s Fees
The client, a certified nursing assistant, experienced a compensable work accident when she injured her low back while transferring a client from a wheelchair to a bed. The accident was not contested by the insurance company. Diagnostic testing confirmed a disk herniation at L4-5 and moderate pathology at L5-S1. After undergoing over one year… Read More »
An individual must be an “employee” to receive workers’ comp benefits, not an independent contractor
The Workers’ Compensation Act only covers “employees” as defined by O.C.G.A. §34-9-1, the same Code section that specifically excludes independent contractors. “A person or entity shall otherwise qualify as an independent contractor and not an employee if such person or entity meets all of the following criteria: (1) is a party to a contract,… Read More »
Georgia workers’ compensation statute of limitations
The general rule in Georgia is that a claim for workers’ compensation benefits must be filed within one year of the accident date or the right to compensation is barred, not two years as in other personal injury claims. However, the statute of limitations is tolled in cases where income or medical benefits have… Read More »
An injured worker’s duty to provide timely notice of the accident to the employer
An injured employee is required to provide the employer with notice of a work-related accident within 30 days. O.C.G.A. §34-9-80 provides, in part, “no compensation will be payable unless such notice, either oral or written, is given within 30 days after the occurrence of an accident or within 30 days after death resulting from… Read More »
