Category Archives:work injury

Overprescribing Pain Medications in Atlanta Injured Workers Cases

The largest workers’ compensation benefits and reimbursements that are paid out every year go to employees who are catastrophically injured, losing limbs and functions in the process. These injured workers are treated by using strong pain medicines, and some of these workers don’t return to work for a long while, if ever.

Workplace insurers are spending an estimated $1.4 billion every year on narcotic painkillers. Also known as opioids, these medications are highly addictive. Insurance companies are beginning to realize something quite starting: if used too early in treatment, too frequently, or for too long, it can delay an employee’s return to work and, in turn, increase disability payouts and medical expenses for the employee.

In 2008, the California Workers Compensation Institute did a study which found that workers receiving high doses of opioid painkillers to treat their job-related injuries stayed off the job three times longer whend compared to employees with similar injuries, but taking lower doses of the same medications.

A study was conducted in 2010 by Accident Fund Holdings, an insurer operating in eighteen states, including Georgia. The analysis by them found that in cases where medical care and payments are combined, the workplace injury cost is nine times higher when a narcotic like OxyContin is used compared to when no narcotic is used at all.

The use of drugs like OxyContin, Percocet, and Duragesic to treat occupational injuries are part of a broad problem that involves their excessive use and addictive natures. These narcotics are prescribed to treat immediate pain but there is little evidence of their long-term benefit. The main and most problematic issue arises from their high addiction level and the serious side effects of withdrawal. Basically, there is an obvious association between the greater use of opioids and delayed recovery from workplace injuries. Some states, such as New York, Colorado, Texas and Washington, have issued new pain treatment guidelines in an attempt to find means for reversing the trend.

Can You Sue Your Employer If You Are Fired After A Workers’ Compensation Injury

I am asked if I can sue my employer at least once a month by one of my clients or someone calling me for advice. The answer is,”no”, you can not sue your employer.  Georgia is a termination-at-will state.

The “AT WILL” employment doctrine in Georgia means that most employees usually are regarded as employees “at will.”   Workers in Georgia work at the will of the employer and the employer can fire the worker for any reason at any time.  It has been said that the worker can be terminated for “a good reason, a bad reason, or for no reason at all.” You can not sue your employer. 

Injured On the Job - Know Your Rights

 

Know Your Rights If You Have Been Injured On The Job

Many people are unaware of their legal rights afforded by Georgia’s Workers’ Compensation Law. If you or someone you know has been injured at work then you will find this read useful in ascertaining if you or that individual is receiving the proper benefits according to the law of Georgia. If upon reading this article you find that you or that person has not been receiving those benefits, then your next step is to contact a workers’ compensation attorney to discuss legal rights so that you both can be properly awarded for you job injury.

3 Things You Must Do After A Work Injury

The following are the three most important things to do in the first three days after your work injury:

1.  Report the accident and your injury to your supervisor immediately!

Many injured workers wait a few days to report the accident and injury, especially if it occurs on a Friday. Do not wait! Report what happened to your supervisor even if you have to call the supervisor.

2.  Make Sure Your Work Injury is Documented

Make sure the supervisor reports the accident and injury to the appropriate personnel and that a First Report Of Injury is completed by the employer. The First Report Of Injury documents your accident and injury in writing so that the supervisor cannot deny that you reported it.

3.  See the Doctor of Your Choice For Your Work Injury

Tell your employer that you want to see a doctor AND ask for the list of approved doctors, called the Posted Panel of Physicians. This Panel should be posted in a prominent place. YOU HAVE A RIGHT TO CHOOSE FROM THE LIST. DO NOT LET THE EMPLOYER CHOOSE FOR YOU!

What if the employer does not have a Posted Panel Of Physicians?

If the employer does not have a Posted Panel Of Physicians then the injured worker has a right to choose their own doctor to treat him or her for the injuries.

You will most likely need to contact a lawyer if the employer does not have a Posted Panel as the employer and their insurance company will try to deny you the right to see your own doctor. Having your own doctor treat you is very helpful to the injured worker in a workers’ compensation claim. The insurance company knows this and will try to direct you to one of their doctors even though you have a right to choose your own. Call a www.mysuperherolawyer.com/contact”>work injury lawyer.