Blog

Blogs

Latest Blogs

February 21, 2023
In the legal system, there are two primary ways to resolve a dispute: through a settlement or through a hearing. Understanding the difference between these two processes is critical if you are involved in a legal dispute. Here is a comprehensive overview of the key differences between legal settlements and hearings. Definition: A legal settlement is an agreement reached between two parties outside of court to resolve a dispute. A hearing, on the other hand, is a formal proceeding in which a judge listens to evidence and makes a decision in a case. Time: Settlements can often be reached more quickly than a hearing, as they do not require the time and resources of a court proceeding. Hearings can take weeks, months, or even years to resolve, depending on the complexity of the case. Cost: Settlements are often less expensive than a hearing, as they do not require the fees associated with a court proceeding, such as depositions, requests for certain records, and expert opinions. Hearings, on the other hand, can be quite costly, especially if the case is complex or involves a large amount of evidence. Control: In a settlement, the parties have control over the terms of the agreement and can reach a resolution that is mutually acceptable. In a hearing, the outcome is decided by a judge and the parties have no control over the final decision. Evidence: In a settlement, the parties are free to present any evidence they believe is relevant to the case. In a hearing, the rules of evidence apply, and the judge determines what evidence is admissible and what is not. Risk: In a settlement, both parties take a certain amount of risk, as they are agreeing to a resolution without knowing the outcome of a hearing. In a hearing, the risk is mostly on the party that loses, as they are bound by the final decision of the court. Binding: Settlements are binding agreements and, once signed and approved by the Board, both parties are bound to abide by the terms of the agreement. Hearings are also binding, and the final decision is enforceable by the court. The choice between a settlement and a hearing depends on the specific circumstances of each case. Settlements offer a quicker and less expensive resolution, but the parties have less control over the outcome. Hearings offer a more formal and structured process, but they can be time-consuming and expensive. If you are involved in a legal dispute, it is important to understand the benefits and drawbacks of both settlements and hearings, and to consult with an experienced attorney to determine the best course of action for your case. Contact Richardson Law today at (404) 689-6502 so we can get started right away.
February 21, 2023
Workers' compensation is a system designed to provide financial and medical benefits to employees who are injured or become ill as a result of their job. If you are an employee in the state of Georgia, it is important to understand the workers' compensation process and your rights as an injured worker. Here are the top 10 things you need to know about workers' compensation in Georgia. Coverage: In Georgia, most employers are required to carry workers' compensation insurance, which provides benefits to employees who are injured or become ill on the job. If your employer has less than 3 employees, they may not be required to have insurance. However, if your employer has at least 3 employees and fails to have insurance, they could be ordered to pay additional fees and penalties. Eligibility: To be eligible for workers' compensation benefits in Georgia, you must have been injured or become ill as a result of your job. Your injury or illness must be work-related. Even if you have a pre-existing condition that was aggravated or worsened because of your job, you may still be entitled to benefits. If you believe that a prior injury or condition was worsened by your job, be sure to inform your attorney to ensure your rights are protected and you receive any benefits to which you are entitled under the law. Benefits: If you are eligible for workers' compensation benefits in Georgia, your employer may be required to pay for your medical expenses, a percentage of your lost wages, and travel expenses for any medical appointments or visits to the pharmacy. Reporting: It is important to report your injury or illness to your employer as soon as possible. In Georgia, you have 30 days from the date of your injury to report it to your employer. Failure to do so may result in a loss of benefits. Medical Treatment: If you are injured on the job, your employer is required to provide you with medical treatment related to your injury. Your employer is required to provide with a list of at least 6 doctors. This list is called a Panel of Physicians. You are allowed to choose a doctor from the list. Although your employer is allowed to guide you or make suggestions, they are not allowed to force you to agree with their choice. If your employer provides a list of doctors, and you decide to seek treatment on your own (with your own doctor, who is not on the list), your employer may not be required to pay for your medical treatment. Additionally, under certain circumstances, you could waive your right to future medical and income benefits under workers’ compensation. Independent Medical Exams: In some cases, your employer or their insurance company may request that you undergo an independent medical exam. If this is requested, you are required to attend. If you fail to attend, it could result in unnecessary delay in proceeding with your claim. Additionally, if you have previously received workers’ compensation income benefits, you may also be entitled to request an independent medical examination with a doctor of your choice. However, keep in mind that the insurance company is only required to pay for this examination one time throughout the entirety of your claim. It is best to retain an attorney prior to making this decision. Temporary Disability Benefits: If you are unable to work as a result of your injury or illness, you may be eligible for temporary disability benefits. These benefits provide you with a percentage of your lost wages while you are unable to work. Settlement: At some point following your injury, you or the insurance company may want to discuss settlement of your case. It is important to note that settlement is voluntary and cannot be compelled by either party. This means that if you want to settle your claim, but the insurance company does not, then there is nothing under the law that can force them to settle your claim. The opposite is also true, if you are not ready to settle your claim, then the insurance company cannot force you to do so. It is important to speak with an attorney prior to moving forward with settlement. At Richardson Law, prior to settlement, we will conduct a settlement conference with you to discuss how workers’ compensation claims are valued. Light Duty: If your doctor informs you that you can return to work with restrictions, this means that you may be capable of performing some type of light duty work. Your employer may offer you a light duty job. Depending on whether you have been out of work and receiving income benefits, your rights and the employer’s responsibilities are different. It is important to speak with an attorney if you have any questions regarding a light duty job offered by your employer. Appeal: If your claim for workers' compensation benefits is denied, you have the right to appeal the decision. The appeal process in Georgia begins with a request for a hearing before an administrative law judge. It is important to keep in mind that there are time limitations to all legal matters. You should speak with an attorney as soon as possible to determine your right to workers’ compensation benefits. Workers' compensation is a critical safety net for employees who are injured or become ill as a result of their job. If you are an employee in the state of Georgia, it is important to understand your rights and the benefits available to you. If you have questions about your workers' compensation claim, or if you need assistance with the workers' compensation process, contact Richardson Law at (404) 689-6502.
February 21, 2023
A deposition is a legal process in which a witness provides testimony under oath outside of a courtroom. This testimony is given in response to questions posed by the lawyers for both sides in a case, and it is recorded by a court reporter. Depositions are commonly used in civil litigation, as they allow lawyers to gather information and evidence before trial. The purpose of a deposition is to preserve the testimony of a witness, as well as to assess their credibility and ability to testify in court. The witness must answer truthfully and fully to the best of their knowledge and belief, just as they would if they were testifying in court. Additionally, depositions can also be used to obtain information that may not be available through other means, such as written documents. Depositions can be conducted in person, by telephone, or videoconference, and they are often conducted at the lawyer's office or at a neutral location. During the deposition, the witness is placed under oath by the court reporter, and the questions and answers are recorded. After the deposition, a transcript of the testimony is prepared, which can be used as evidence in court if necessary. It is important to note that depositions are typical in most workers’ compensation actions where a hearing has been requested. This allows both sides to obtain the information necessary to prepare for the hearing in front of the judge, or a potential settlement. Additionally, if there are other key witnesses (co-workers, adjusters, etc.), their depositions may be taken as well. Depositions are a critical tool in the legal process and play a key role in preparing for trial. They help lawyers gather evidence, assess the credibility of witnesses, and obtain information that may not be available through other means. Prior to any deposition, Attorney Richardson will speak with you directly to discuss what to expect and answer any questions you may have. At Richardson Law, we recognize that the law is about the needs and rights of real people. Regardless of whether we take your case to trial or negotiate a settlement, our success is measured by how well you are taken care of in the long term.

SERVING ATLANTA GEORGIA

Call Today for a FREE Consultation

Has a workplace injury put you in a difficult situation both professionally and financially? We know how time-sensitive these issues can be. Call us today at (404) 689-6502 so we can get started right away.

REQUEST A CONSULTATION
Share by: