Disability Law

When Accidents Happen: Recalls Can Cause Serious Injuries in Atlanta, Georgia

Posted on November 17, 2009
Every so often I will catch an article that discusses product liability disputes and product recall lists. While my Douglasville law firm primarily handles workers' compensation and personal injury cases, I find that this information can be helpful, as sometimes it may offer explanation for the causes of car accidents, truck wrecks, serious injuries or even wrongful deaths...

Car Accident Attorney in Douglasville, Georgia Reminds Drivers to "Move Over" and Avoid Injury Wrecks

Posted on November 12, 2009
If you are a Douglas County resident, perhaps you noticed an increase in law enforcement presence this week. It seems as though during a holiday week or weekend, local police are making sure to keep a close eye on drivers. Rest assured it is for everyone's safety...

6 Causes of Auto Accidents & Truck Wrecks

Posted on November 10, 2009
As an auto accident attorney in Douglasville, it is hard not to think about car wrecks and truck accidents on a rainy day such as today. Many of the cases that my office handles involve car accidents that occurred due to poor weather conditions and other factors...

New Rules for Large Truck Brakes Will Lessen Accidents & Ease the Minds of Georgia Drivers

Posted on November 04, 2009
Recently, the National Highway Traffic Safety Administration issued a rule for large truck drivers. The rule establishes new standards for braking distances and improves the stopping distance for truck drivers by 30 percent. This is good news for frequent highway drivers who may feel hesitant near 18-wheeler truck drivers...

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Douglasville Chili Cook Off a Success

Posted on November 02, 2009
Last Friday night, despite the rainy and chilly weather, my office set-up our booth at the annual downtown Douglasville, Georgia chili cook off. We had decided our "theme" would be fall-related, and we included a few scarecrows, leaf arrangements, and even Christmas lights to make our booth stand out...

Death Benefits Under Georgia Workers' Compensation: When The Unthinkable Happens

Posted on October 29, 2009
Death is a subject that most people do not want to discuss. Sometimes they don't have a choice. Every so often, I am reminded of the gravity involved when a family member dies in an on-the-job accident. I was reminded again recently as I sat in my office discussing the death of a loved one with a new client...

New Letter of Interpretation Released by OSHA Requires Workers to Wear Safety Apparel

Posted on October 28, 2009
As a workers' compensation attorney in Georgia, I have handled numerous on-the-job injury cases in which a construction worker has been involved in some sort of disabling accident while out in the field, whether it be on a job site or as a road worker...

Visit Our FaceBook Page!

Posted on October 28, 2009
The Law Office of Jack Clay now has a FaceBook page which can be seen by clicking below: Click HERE to see our law firm FaceBook page.

Our Douglasville Injury Law Firm Gets Into the Fall Spirit This Week

Posted on October 26, 2009
I have mentioned this week about the upcoming chili cook off in downtown Douglasville, Georgia as well as blogged about safety precautions for the upcoming Halloween weekend. I wanted to take a moment to show some pictures of our law office lobby decorated in celebration...

Douglas, Paulding, and Carroll County Residents: Plan Your Halloween Routes In Advance To Avoid Damage Caused by Recent Flooding

Posted on October 26, 2009
It is that time of year again when everyone is preparing for Halloween festivities. This year, however, may prove to be a bit more challenging due to the recent flooding and the roads that remain closed or otherwise damaged in Douglasville, Hiram, Carrollton, and other surrounding cities...

Annual Downtown Douglasville, Georgia Chili Cook-Off Moved to a New Date

Posted on October 22, 2009
This year, my office has decided to participate in the annual chili cook-off held in O'Neal Plaza in downtown Douglasville. The event is hosted by the Cultural Arts Council. The date for the cook-off has been moved due to unexpected weather changes. The cook-off will now be from 6:00 pm to 9:00 pm on Friday, October 30, 2009...

The Top Ten Most Common Workplace Injuries

Posted on October 20, 2009
I have blogged before about the most dangerous jobs and what to do if you are hurt on the job. Workplace accidents happen every day and sometimes in the most unexpected of ways. In fact, researchers have developed a Workplace Safety Index that lists the most common ways an on the job injury can occur...

Workers' Compensation CLE Seminar

Posted on October 20, 2009
Last week, I attended a workers' compensation seminar in St. Simon's Island, Georgia. The seminar, sponsored by ICLE and Workers' Compensation Law State Bar of Georgia, was attended by many work comp attorneys and hosted several activities over the three day event...

West Metro Trial Lawyers? Association Hosts Booth at the Paulding County Public Safety Appreciation & Family Festival

Posted on October 19, 2009
As some of you may recall, I was recently named Chairman of the West Metro Trial Lawyers Association, the local Georgia Trial Lawyers Association group covering Douglas & Paulding Counties. On Saturday, October 10 we hosted a booth at the first annual Public Safety Appreciation Day in Paulding County, Georgia...

Graphic Car Accident PSA Reminds Atlanta Drivers of the Dangers of 'Texting While Driving'

Posted on August 28, 2009
As technology continues to advance and make information available at our fingertips, fewer and fewer drivers see the harm in using cell phones while driving. The reality is that this action can have dangerous consequences. Recently, a British public service announcement (PSA) was released on the internet...

When car accidents lead to product liability claims against the auto manufacturers. What are we learning from the GM and Chrysler bankruptcies?

Posted on August 11, 2009
An interesting story appeared in the Daily Report today outlining the fallout of the bailout of Chrysler and GM. There is a debate as to whether or not victims injured due to manufacturing and design product liability defects can maintain their existing lawsuits or bring new lawsuits against Chrysler and GM to the bankruptcy...

Spotlight: Coweta County, Georgia Justice Center Located Southwest of Atlanta, Georgia in Newnan, Georgia

Posted on July 13, 2009
Last week I visited the Coweta County Justice Center while working on a car accident case. The Justice Center was built in early 2006 and houses Coweta County Superior Court, Coweta County State Court, and the offices of the clerks for these courts. The Center also contains offices for the Solicitor-General and District Attorney of Coweta County...

Fatal Crash and Numerous Traffic Violations During Holiday Weekend In Douglas County, GA and Carroll County, GA Remind Drivers To Take Care To Avoid Auto Accidents and Injuries

Posted on July 07, 2009
Last Friday, a Douglasville man was killed in a car accident on I-20 near Lee Road when he lost control of his vehicle and crashed into a median, according to the Georgia State Patrol. This is only one of the many traffic-related incidents that occurred over the holiday weekend in the Douglas County and Carroll County areas...

Thank You for A Successful Kick-Off Event for the West Metro TLA

Posted on July 02, 2009
Members of the Georgia Trial Lawyers Association recently met at Sam and Roscos in Douglasville, Georgia for a kick-off event for the new West Metro TLA. I am happy to say that I have agreed to be the first Chairman of this group which covers the Douglas County and Paulding County areas...

I Have Been Chosen As The First Chairman of the West Metro Trial Lawyers Assocication

Posted on June 23, 2009
The West Metro Trial Lawyers Association, a new group within the Georgia Trial Lawyers Association, will have its kick-off reception and party this Thursday from 5:00 p.m. to 10:00. The group will encompass the legal communities of Douglas County and Paulding County...

Effort to Limit I-20 18 Wheeler Tractor Trailer & Large Truck Accidents West of Atlanta Underway

Posted on June 19, 2009
I have noticed an increase in law enforcement officers patrolling Interstate 20 after reading that Motor Carrier Compliance Officers were beefing-up efforts to make people aware of 18 wheelers. They are calling it G-TACT which stands for Georgia Targeting Aggressive Cars and Trucks...

Governor Sonny Perdue Visited Douglas County Yesterday to Sign New Victiims' Rights Laws

Posted on April 30, 2009
Across the street from our office yesterday at the Douglas County Courthouse, Governor Sonny Perdue signed two new laws. The first law allows crime victims to testify by video or audio in the sentencing phase of a defendant's trial. This is meant to spare them emotional pain and agony of having to take the witness stand...

Decoding Car Accident Reports in Georgia - The Georgia Uniform Motor Vehicle Accident Report

Posted on April 28, 2009
Each year we review hundreds of accident reports. I recently found a good guide to help people figure-out the cryptic codes and other information contained in Georgia accident reports. The Georgia Department of Transportation, headquartered in Atlanta, has created a nice guide for deciphering accident reports which can be found here...

Safety in the Workplace: A Video That Dramatizes Workplace Injuries

Posted on April 21, 2009
A friend showed me this video on YouTube. This is a real safety video that workers in industrial & manufacturer settings apparently see. While it dramatizes workplace injuries, it is meant to avoid real injuries. I have handles cases involving real injuries that are depicted in this video...

Today I Joined The Christian Trial Lawyers' Association

Posted on April 12, 2009
The Christian Trial Lawyers' Association is a national group of trial lawyers committed to Christian principles in the practice of law. While watching a video where people on the street were asked their opinions about attorneys, I was moved by one particular response...

Motion for Summary Judgment Under Georgia Law Explained

Posted on April 01, 2009
This week alone, I am working on two responses to insurance company lawyers' Motions for Summary Judgment. I have been asked to explain what this means. Well, it could be named something simpler such as, "Request To The Judge To Decide This Whole Mess Without A Trial...

New Paulding County Courthouse Is Open - Here Are Photos I Took Yesterday

Posted on March 31, 2009
Yesterday, I had to file a new car accident injury case at the Paulding County Courthouse. I was fortunate enough to visit the new courthouse the very first day that it opened. I took an extra 15 minutes to check out the new courthouse. It is quite a sight...

The Workers' Compensation Insurance Company Will Not Even Pay The "Company Doctor" For My Medical Care After I Hurt at Work. What should I do?

Posted on March 27, 2009
Question: Why won't the workers comp insurance company or my job pay for my doctor and medical treatment when I got hurt at work? What you can you do? I was asked this very question this week. The answer is simple. In Georgia, if an employer/insurer controverts or denies your workers' compensation claim, they have no obligation to pay for any medical treatment if and until you either (a) come to an agreement whereby your case is deemed compensable and/or a doctor is agreed-upon to treat you;; (b) your employer and insurance company voluntarily "pick-up" your claim and offer you medical treatment; or (c) I take your case to court before an Administrative Law Judge of the State Board of Workers' Compensation and win...

Can You Get Punitive Damages When You Are Hurt In A Car Accident or Semi Truck Wreck Under Georgia Law? What Are Punitive Damages Anyway?

Posted on March 27, 2009
I just returned from court in a case in which we are seeking punitive damages. I get asked to explain the concept of punitive damages quite a bit. I will spare you the legal technicalities and provide a very general overview. Remember, please consult with a lawyer if you have further questions specific to your case...

Douglasville Accident Attorney As Seen in the Upcoming April Edition of Chapel Hill News & Views Magazine

Posted on March 24, 2009
Chapel Hill News & Views is a local magazine that features articles and business information about our community. Many people, including me, read it cover-to-cover as it has good insight, interesting articles, and valuable local event information. I believe the distribution has grown substantially over the past several years...

How Layoffs Affect Workers on Light Duty Following a Workers Compensation Injury

Posted on March 18, 2009
I have noticed that many of my clients have been laid-off from their jobs recently. Some of these clients have open workers compensation claims and return to their jobs doing light-duty work. I've been asked how the law affect the situations. under Georgia workers compensation law, a claimant can seek additional weekly benefit checks if they have returned to work light-duty, have been legitimately laid off, and search for work...

Case Law Update - Williams v. ConAgra - Attorneys filing a Notice of Claim for catastrophic designation should specifically request income benefits if weekly benefits have been suspended

Posted on March 15, 2009
On January 20, 2009, the Georgia Court of Appeals decided the case of Williams v. ConAgra Poultry of Athens. This case involved the employee seeking catastrophic injury payments pursuant to O.C.G.A. § 34-9-261. This case involved the interplay of the two-year change in condition statute of limitations pertaining to additional income benefits and the catastrophic designation...

Custodian who was injured at work while picking up a pill she dropped can collect workers? compensation benefits - Georgia workers? compensation case law update

Posted on March 13, 2009
On February 11, 2009 the Georgia Court of Appeals decided the case of Harris v. Peach County Board of Commissioners. This case involved the basic theory about whether or not an injured worker's on-the-job injury arose out of the course of the employment and in the scope of the employment...

Injured & Need An Attorney? Beware: Not All Injury Attorneys Are The Same, Whether You Are In Atlanta, Douglasville, or Elsewhere.

Posted on March 13, 2009
I heard an interesting comment today from one of the Georgia's top attorneys. Our discussion was about attorneys who treat the practice of law like a business instead of a profession. He made the remark that some lawyers get a new file and their first thought is what the amount of money that can be made in the least amount of time...

One of The Beauties of Handling Workers' Compensation Cases in Georgia

Posted on March 12, 2009
Pardon me while I step-up on my soapbox for a moment... I must commend the Administrative Law Judges of Georgia's State Board of Workers' Compensation cases for their willingness to resolve disputes, sometimes at the drop of a hat. I have called-upon several ALJ's in the past to give rulings on matters during depositions...

Douglasville will be the new home to a satellite campus of Georgia Highlands College.

Posted on March 11, 2009
Georgia Highlands College, a two-year college currently located in Rome, Georgia, is scheduled to open a campus in Douglasville. Although the location has not been announced, it is estimated that 1500 students will attend the school which may open up as soon as August of 2009...

Construction worker hurt on jobsite cannot maintain lawsuit against his statutory employer - Workers compensation case law update

Posted on March 11, 2009
On February 13, 2009 the Georgia Court of Appeals decided the case of Creeden v. Fuentes. In this case, a construction worker was injured while working on a house. The injured worker fell down an elevator shaft. The Court of Appeals held that the exclusive remedy provision of Georgia's Workers' Compensation Act at O...

Jack Clay Listed in Georgia SuperLawyers Magazine for 2009

Posted on March 09, 2009
Douglasville injury attorney Jack Clay has been listed in Georgia's SuperLawyers Magazine. Mr. Clay was named a Rising Star in the annual publication that is sent to attorneys across the state. Only the top 2.5% of lawyers under 40 years of age are named SuperLawyers Rising Stars after a rigorous nomination and selection process...

Workers? Compensation Case Law Update ? Fictional New Accident Legal Theory versus Change in Condition; Georgia Court of Appeals clarifies circumstances under which an injured worker may collect workers? compensation benefits

Posted on March 05, 2009

Georgia State Patrol Post in Villa Rica, GA Remains Busiest in State for Car AccidentInvestigations ? Troopers Explain Common Causes of Serious Collissions on Georgia's Highways

Posted on March 03, 2009

To Hire An Attorney or Not: The Affect of Atlanta & Georgia's Economy on Workers' Compensation Claimants

Posted on March 01, 2009

Our Firm Profile Has Been Updated...

Posted on February 27, 2009

Douglasville Blast at Young Refinery Injures Three Workers

Posted on February 25, 2009
CBS News in Atlanta is reporting that a blast injured three workers. The blast reportedly happened at 11:20 a.m. at the Young Refining facility near Highway 78 in Douglasville, GA. Three workers reportedly suffered burns and two were taken to area hospitals...

Deadly Work Accident in Atlanta - Dekalb County Worker Dies After Falling Down Landfill Shaft

Posted on February 19, 2009
The Atlanta Journal Constitution is reporting that a man fell down a 55 foot ventilation shaft on February 7, 2009 and died at the Seminole Road Landfill. The worker was reportedly a contract worker. This horrible work accident was the second time that week that an Atlanta worker was killed underground...

Georgia Law on Late Payment of Workers' Compensation Settlement Checks

Posted on February 19, 2009
Question: I was hurt at work. I have settled my case and am ready to get on with my life. When is my workers compensation settlement check due? What happens if they don't pay on-time? Answer: Within 20 days. If the check is not paid timely, the employer/insurer owes a 20% penalty...

Georgia General Assembly Is In Session in Atlanta: Will There Be Changes For Georgia's Workers' Compensation Laws?

Posted on February 19, 2009
The Georgia General Assembly in assembled in Atlanta and currently in session. Each year, the Georgia House and Senate pass one or more workers? compensation bills changing the law. My sources tell me that the overwhelming majority of time and attention in this year?s session will go toward budget problems...

I Was Hurt at Work in Georgia - - What Benefits Can I Obtain for Me & My Family?

Posted on February 19, 2009
There are three basic benefits that injured workers in Georgia?s workers? compensation system are entitled to receive. First, you can obtain income benefits in the form of Temporary Total Disability or Temporary Partial Disablity to replace income you have lost because of your injury...

Paulding County Man Injured in Car Accident With Teen Who Was Given Alcohol By Step-Mother

Posted on January 31, 2009
The Atlanta Journal Constitution is reporting that a teenager, who was given alcohol by his step-mother, died in a car accident and injured another person. Richard C. Reyes, 25, of Dallas, GA was injured when his vehicle was struck by the teenager. It is reported that he is in stable condition at WellStar Kennestone Hospital...

Douglasville Car Accident Involving SIngle Car Roll-over Injures One

Posted on January 29, 2009
An SUV rolled-over on I20 in Douglas County between South Baggett Road and Bright StarRoad into a ditch injuring two people. Single car collisions can be among with worst car and truck accidents. We have represented passengers in these scenarios in many cases...

The Polarization of the Legal Profession: A Conversation With A Prominent Atlanta Workers' Compensation Defense Attorney

Posted on January 19, 2009
I recently spent some time with a friend who ranks among the best up and coming workers' compensation defense attorneys in Georgia. While much of our conversation focused on family and things unrelated to the practice of law, we also discussed the legal profession...

Lawyers Should Avoid The Ghost of Chirstmas Past & Embrace Technology

Posted on December 26, 2008
Attorneys can be very resistant to change. Ebenezer Scrooge, in A Christmas Carol, was visited by the Ghost of Christmas Past. Ebenezer learned from this experience the necessity to change his past ways to ensure a happier and brighter future. I am constantly amazed by fellow lawyers' reactions when I tell them I strive to have as paperless an office as possible...

One Lawyer's Perspctive After Using Google's Picasa 3 To View Photos & Documents

Posted on December 24, 2008
I have been using Picasa for several years to view photographs. Lately, I have been reviewing our photographs in past and present case files. For those of you who do not use Picasa, it can be wonderful tool for workers' compensation lawyers, personal injury attorneys, or any other specialty for that matter...

Atlanta Botanical Garden Construction Accident Involving Atlanta-based Hardin Construction Company Investigated by OSHA

Posted on December 19, 2008
Today, Angel Chupin, a 66 year-old construction worker, was killed and 18 others were injured when a tragic construction accident occurred on a construction site at the Atlanta Botanical Gardens. The workers were completing construction on a dramatic walkway through the Gardens when it collapsed, sending workers falling to the ground...

Case Law Update: Court of Appeals in Atlanta Re-Emphasizes That Employers Bear the Burden of Proof if a Death at Work is Due to Unexplained Reasons

Posted on December 10, 2008
On July 10, 2008 the Georgia Court of Appeals decided the case of Keystone Auto v. Hall, 292 Ga. App. 645 (2008). This is a case in which an employee died on the job after having what appears to have been a heart attack. Heart cases are treated especially by Georgia Workers' Compensation laws...

New Case Update: For a Psychological Injury to be Compensable Under Georgia Law, the Injury Must Satisfy Certain Conditions

Posted on December 08, 2008
On October 17, 2008 the Georgia Court of Appeals decided the case of DeKalb Board of Education v. Singleton, 2008 Ga. App. Lexis 1116. This case involved a psychological injury under O.C.G.A. § 34-9-105(c)(5). The facts of this case are fairly straightforward...

Case Law Update: Court of Appeals in Atlanta Attempts to Clarify Law Regarding Dates of Accident on Notices of Claim

Posted on December 07, 2008
On July 10, 2008 the Georgia Court of Appeals decided the case of McLendon v. Advertising That Works, 2008 Ga. App. Lexis 833. This case involved several dates of accidents and several and numerous WC-14 notices of claims. The attorney for the claimant dismissed with prejudice several WC-14 claims at the hearing...

Case Law Update: The Role of Appeals to Superior Court in Workers? Compensation Appeals

Posted on December 06, 2008
On November 14, 2008, the Georgia Court of Appeals decided the case of Holder v. City of Atlanta, 2008 Ga. App. Lexis 1236. This case involved enforcement of a settlement agreement at the Superior Court level. This case emphasized the point that, under O...

Case Law Update: Workers? Comp Attorneys Should Review All Legal Requirements When Pursuing Judgments in Superior Court, Including Those Against Uninsured Employers

Posted on December 05, 2008
On August 15, 2008 the Georgia Court of Appeals decided the case of Taylor v. Peachbelt Properties, Inc., 2008 Ga. App. Lexis 932. This case involved the enforcement of a judgment in the Superior Court after a workers? compensation case was decided. In this case, the claimant filed a workers? compensation case against an uninsured employer...

Workers' Comp Case Law Update: Claimant Credibility Helps in a Workers? Compensation Case Decision When Other Evidence May Not Be So Clear

Posted on December 04, 2008
On June 18, 2008 the Georgia Court of Appeals decided the case of Parham v. Swift Transportation Company, Inc., 292 Ga. App. 53 (2008). This case involved two primary issues important to injured workers in Georgia. First, this case emphasized the fact that the testimony of an injured worker is very important, perhaps as important as or more important than the testimony of a medical expert...

Case Law Update: Jail Inmate is Barred from Bringing Workers' Compensaiton Case Under Georgia Law

Posted on December 03, 2008
On October 17, 2008, the Georgia Court of Appeals decided the case of Clarke v. Country Home Bakers, 2008 Ga. App. Lexis 1109. This case involved a simple issue of whether an inmate who suffered serious injuries while working at bakery should recover workers? compensation benefits...

Georgia Workers' Compensation Claimant is Barred by Statute of Limitations from Seeking Additional Income Benefits Despite Employer/Insurer?s Failure to File Form WC-2

Posted on December 02, 2008
On June 27, 2008 the Georgia Court of Appeals decided the case of United Grocery Outlet et al v. Bennett, 2008 Ga. App. Lexis 772. In this case, a claimant was paid workers? compensation benefits in the form of temporary total disability benefits. The employer stopped paying the benefits and failed to file a Form WC 2...

Atlanta Workers' Compensatinon Case Law Update: GA Court of Appeals Addresses Wrongful Death Suit From Fulton County Courthouse Shootings

Posted on December 01, 2008
On June 26, 2008, the Georgia Court of Appeals decided the case of Freeman v. Brandau et. al, 2008 Ga. App. Lexis 760. This case stemmed from the tragic events that took place at the Fulton County Courthouse in which several people were murdered. Specifically, Julie Ann Brandau was Judge Barnes' court reporter in Fulton County Superior Court...

Georgia Court of Appeals Once Again Limits Suits Against Co-employees for Personal Injury After Work Accidents

Posted on December 01, 2008
On July 8, 2008, the Georgia Court of Appeals decided the case of Rheem Manufacturing Company v. Butts, 2008 Ga. App. Lexis 814. In this case, an injured employee filed a medical malpractice lawsuit against a physician employed by his employer. The claimant had a knee injury and sought treatment from a physician who was employed by an on-site medical clinic at Rheem Manufacturing Company...

How Our Atlanta Workers Comp and Serious Injury Lawyers Use CPT Codes

Posted on November 22, 2008
As mentioned in previous blogs, Current Procedural Terminology Codes (CPT Codes) are a major part of medical records and billing. Our Douglasville law firm uses these codes when reviewing and summarizing medical records and bills. Basically, this is a coding system used by medical professionals to describe specific procedures, services, etc...

How Our Douglasville Injury Law Firm Intersects with the American Medical Association

Posted on November 19, 2008
The American Medical Association (AMA) is an organization that provides information and guidelines for medical providers during the treatment of a patient through the use of several available resources. For example, a physician may use the AMA?s guidelines to evaluate permanent impairment to determine a patient?s limitations as they relate to an injury sustained on the job or from an automobile accident...

When A Car Accident Happens: Tips From A Douglasville Auto Accident Attorney

Posted on November 12, 2008
Recently, we received a rash of phone calls calls from victims of car accidents who are uncertain as to how to proceed. An unexpected car wreck can be very serious. As we approach a holiday season, the roads are likely to be filled with more traffic and bad conditions...

A Brief Overview of Georgia's Workers? Compensation Medical Fee Schedule

Posted on November 08, 2008
Medical information is essential for all injury cases. In workers? compensation, medical information assists attorneys for Claimants in understanding a client?s specific injuries as well as by providing a detailed report on a client?s ongoing treatment and expected outcome...

Attention Georgia Motorcyclists: Recent Studies On Motorcycle Accidents Enforces Necessity for Safety

Posted on November 06, 2008
Last week, a study performed by the insurance industry stated the addition of anti-lock brakes on motorcycles has reduced the number of fatal crashes by 38% because this type of brake system assists a cyclist in coming to a more secure stop. The study was performed due to an alarming increase in fatalities due to motorcycle accidents: more than 5,100 individuals were killed in motorcycle wrecks in 2007, representing almost double the number of fatalities in the late 1990s...

Back to Basics Part 2: Filing A Claim With the State Board of Workers? Compensation is Necessary for Atlanta Workers' Compensation Claimants

Posted on November 05, 2008
Statutes of Limitation under Georgia's workers' compensation law can be very confusing for the injured worker. I tend to dislike long disclaimers, but please hear me out when it comes to the subject of time limits under Georgia law for on the job injuries...

Back to Basics: Georgia Workers? Compensation Procedure for Giving Notice of Injury

Posted on October 26, 2008
As 2008 grows closer to its end, I realize that my articles have taken several steps in many different directions. I believe that occasionally it is beneficial to go back to the basics to review and understand the ins and outs of workers? compensation law...

Elect Beau McClain Douglas County Superior Court Judge Bar-B-Que

Posted on October 24, 2008
The public is invited to a free family Bar-B-Que at former Douglas County Sheriff Tommy Waldrop's farm located at the corner of Highway 78 and Post Road in Winston, GA. The event is from 2:00 p.m. to 6:00 p.m. This event is being held in support of Beau McClain who is running for Douglas County Superior Court Judge on November 4, 2008.

New Law Seeks To Reduce Injuries In School Bus Accidents

Posted on October 23, 2008
On October 15, 2008, the United States Secretary of Transportation announced new rules that will make school buses safer for students. The rules include requiring higher seat backs that will prevent taller children or adults from being thrown out of their seats and risking injuries to themselves and others, mandating seat belts to protect children while in their seats, and setting standards for the seat belts for different types of buses...

Medical Narrative Letters Can Be An Essential Tool In Injury Cases

Posted on October 22, 2008
I have blogged in the past about the importance of medical bills and records in workers? compensation and serious injury cases. When someone is injured at work or hurt in a car accident, the medical records track the progression of the person?s injuries, treatment, and recovery...

October is National Physical Therapy Month

Posted on October 08, 2008
The American Physical Therapy Association (APTA) has dedicated October as National Physical Therapy Month. This nationally-recognized month began nearly thirty years ago. The goal is to educate individuals about the importance of physical therapy and inform about procedures, terms, and tips for recovery from injuries that are often the result of an untimely auto accident or a work accident...

Workers' Compensation Claimants Should Carefully Consider Their Options When Choosing To Move Out of State

Posted on October 07, 2008
A common question I am asked is the following: ?If I move out of state during the course of my workers? compensation case, what will happen?? As an Atlanta / Douglasville workers comp attorney, I have been asked this question several times. Though there is not a definitive answer, I have advised clients in the past that, unless there are compelling reasons for an out-of-state move, it may not be advisable to move...

Georgia Workers' Compensation Claimants Collecting Weekly Beneftis Should Perform A Dilligent Job Search In Many Cases

Posted on October 06, 2008
As an workers? compensation attorney in Douglasville, Georgia, I have encountered several cases in which a client has been fired from his or her job. While sometimes this action may be result of the injuries sustained in a work accident, oftentimes a client is terminated or quits for reasons that are not related to their injuries...

Construction Projects and Road Improvements Should Caution Douglas County & Douglasville Drivers to Avoid Auto Accidents

Posted on October 01, 2008
Douglas County, Georgia has grown substantially in recent years. For example, the addition of Arbor Place Mall to our area has encouraged businesses to set up shop for the growing population in Douglasville. Along with new businesses came the necessity for intersection improvements and other roadway upgrades...

An Overview of the Georgia State Board of Workers' Compensation ICMS Computer System

Posted on September 26, 2008
Over the past few years, the State Board of Workers? Compensation has worked diligently to execute and effectively use what is referred to as an Integrated Claims Management System, or ICMS. Basically, the system is designed for workers? compensation law firms, insurers and others to electronically submit Board forms that were previously mailed to the Board in paper form...

Douglasville, Georgia Drivers Should Be Aware of Automobile Recalls

Posted on September 25, 2008
In my experience as a Douglasville injury lawyer, I have handled hundreds of cases where individuals have been injured in car accidents. The cause of an auto accident tells a specific story. With use of a police report, for example, my Douglas County law office is able to better understand how an auto wreck occurred and who may be at fault...

Atlanta & Douglasville Workers' Compensation Claimants: If You Are Unhappy With The Workers' Compensation Doctor, You May Be Entitled To Get A New Doctor

Posted on September 23, 2008
When someone is injured on the job, they may find themselves overwhelmed by the changes in their life. Work injuries are not only unexpected and painful, but can also be life-changing. If someone is hurt at work, it is important for the injured worker to seek legal advice to ensure that their rights are being protected...

Good News: Georgia Enacts Tougher DUI Laws

Posted on September 22, 2008
Injuries sustained in an auto wreck caused by a drunk driver can be permanent, debilitating, and costly. I have seen this happen far too many times. The emotional and physical pain caused by a car accident such as this may never fully go away. Georgia drivers may feel a bit more at ease to know that a new DUI law passed on July 1, 2008 enforcing harsher punishments on drunk drivers...

Georgia Workers' Compensation Allows Mileage Reimbursement

Posted on September 18, 2008
In the years that I have worked as a workers? compensation attorney in the Atlanta area, I have been asked several questions about workers? compensation law and have had to debunk several myths along the way. One of the questions that has been asked is whether or not an injured worker will receive mileage reimbursement for travel expenses that relate to medical treatment for their on the job injury...

Douglasville Drivers Should Remain Cautious In The Panic To Find Affordable Gas or Risk An Untimely Car Accident

Posted on September 16, 2008
For several months now, it seems as if those in the Atlanta area have battled at the gas pumps as the price of gas has steadily grown. This battle only increased last week as Hurricane Ike, the most recent in a several storm attack, hit the southern parts of Texas, including many of the refineries found there...

Insurance Instiute of Highway Safety Recommends Raising the Driving Age

Posted on September 15, 2008
I was licensed to drive at 16 like many other people. I was in a car accident shortly after getting my driver's license. However, I think this issue needs to be carefully examined. In the years that I have been a Douglasville attorney, I have represented hundreds of clients for car accident cases...

Medical Evidence Part 3: Medical Bills in Personal Injury Cases Should Be Submitted For Payment To All Available Insurers Without Delay

Posted on September 12, 2008
A piece of information that may not be considered when someone has been injured in a car accident is the necessity in filing one?s medical bills with the health insurance company as soon as possible. Also, medical bills should be submitted to the automobile insurance company, if medical payments coverage is applicable...

Fatal Work Accidents in Georgia: Death Benefits Are Available For Workers' Loved Ones

Posted on September 11, 2008
As I have mentioned, my Douglasville law firm handles serious injury and workers? compensation cases. Common on-the-job injuries are back injuries, neck injuries, shoulder injuries, and knee injuries that can be treated with proper medical care. However, an alarming number of workplace accidents result in fatalities...

Medical Evidence Part 2: Medical Bills Are Essential In A Georgia Workerrs Compensation or Car Accident Case

Posted on September 09, 2008
My last blog entry discussed the importance of medical records. This post discusses medical bills which can be equally challenging to obtain, understand, and redact for trial, if necessary. My Douglas County, GA law firm is here to help organize these bills for our clients to help obtain a good result and provide professional representation...

Medical Evidence Part 1: To Understand Workers Compensation and Auto Accident Cases, We Must Understand Medical Records and Terminology

Posted on September 08, 2008
A large part of the workers? compensation and car accident cases that my Douglasville law firm handles involve the extensive medical records process. For example, when a new file is opened, my office staff reviews which medical providers the new client has seen for his or her serious injury and requests medical records, if needed...

This Month: September Saturdays at the Douglas County Courthouse

Posted on September 02, 2008
I have blogged on the occasion about community events and interesting information that I have uncovered about Douglas County. I try to involve myself in many community activities to help to improve the area in which I live and work. This month will jumpstart the annual September Saturdays at the Douglas County Courthouse, located on Hospital Drive which runs between Chapel Hill Road and Fairburn Road in Douglasville, Georgia...

Georgia National Guard Members Are Protected By Workers' Compensation When On Active Duty

Posted on August 31, 2008
With Hurricane Gustav quickly approaching Louisiana, the Louisiana National Guard has been mobilized. While watching interviews of these soldiers on television, I was reminded that these men and women have families and civilian jobs. What happens to them if they are injured while serving? While I cannot speak for Louisiana National Guard members, Georgia law specifically addresses benefits available to those injured when called to serve...

Douglasville Auto Accident Victims: It May Be Better to Settle Than Go to Trial According to Recent Study

Posted on August 30, 2008
I would like to preface this article by saying that I enjoy courtroom work and handling jury trials. However, as an experienced trial lawyer in the Douglas County. GA, I approach each car and truck accident case with an eye toward an acceptable settlement for my clients, if possible...

Atlanta Is Home for Worst Commuter Traffic in Nation: Recent Douglas County Auto Accidents Due to Heavy Rains and Busy Roads

Posted on August 28, 2008
Every year, approximately six million auto accidents occur on the road. This is a shocking statistic, especially for residents of Atlanta, Georgia who drive amongst the worst commuter traffic in America, according to a recent study by Forbes.com. A common cause for car accidents in Atlanta, Georgia and its surrounding counties such as Douglas County, Fulton County, and Paulding County is the heightened danger caused by poor weather conditions...

Yesterday I Spoke About Construction Accidents At Georgia's State Board of Workers' Compensation Annual Education Seminar in Atlanta

Posted on August 26, 2008
On August 25, 2008, I was an invited speaker at the State Board of Workers' Compensation's Annual Educational Seminar. The seminar was held at the Renaissance Waverly Hotel which is located in the Cumberland Mall area, bordering Cobb County and Fulton County The seminar was well attended as the pictures indicate...

Douglasville Workers Comp. Case Or Paulding County Workers' Comp. Case - - A Guide For Injured Workers To Find The Courthouse

Posted on August 20, 2008
Many of my clients in Douglasville ask me where the courthouse is for workers' compensation cases. I warn them that it is not so simple of an answer. Many just assume that because my office is located directly across the street from the Douglas County Courthouse that the State Board of Workers' Compensation hears cases at our courthouse...

Atlanta Regional Commission Study Shows Douglas County, GA Population Slows Due To Economy

Posted on August 18, 2008
The economy in the Atlanta area and the whole country has worsened. If you or a loved one has been hurt at work or been involved in a bad auto accident, the downturn in the economy may affect you even more. As we have all realized, many things are affected by changes in the economy...

Attnetion Douglas County residents: whether you live in Douglasville, Lithia Springs, Villa Rica or Winston, please remember to VOTE.

Posted on August 18, 2008
While the point of my Blog is not to discuss politics, my Douglasville law firm has been involved helping candidates in several local races throughout Douglas County. Law and politics are inextricably linked. I am involved to try to help make a difference in which I live and work...

Interplay of OSHA and Georgia Workers' Compensation Laws in Atlanta

Posted on August 16, 2008
Often, clients ask me about the relevance of OSHA to their workers' compensation case. I must admit that I rarely, if ever, hear other Georgia workers' compensation attorneys discuss OSHA. A client recently talked about filing an OSHA complaint against his employer after being injured...

Death At Six Flags Atlanta Amusement Park Just East of Douglas County, GA

Posted on June 28, 2008
A 17 year old boy was killed today when he was hit by the Batman roller coaster at Six Flags Over Georgia. This tragic death occurred when the boy was struck while in an areas that was deemed off limits, according to an article in the Atlanta Journal Constitution...

Attention Atlanta Lawyers: I Am Your Atlanta Workers' Compensation Attorney

Posted on June 28, 2008
A referral from a trusted friend, relative, or an attorney is the best way to get injured workers to a competent and professional workers? compensation attorney. The population of the metropolitan Atlanta area has grown in epic proportions. Currently, the Atlanta area is the fastest growing area in the United States...

Douglasville Police Not Affected By Gas Prices But Atlanta's Workers, Especially Those Injured & Collecting Workers' Compenstion Benefits, May Be Affected

Posted on June 23, 2008
As a workers? compensation attorney in Douglasville, Georgia, which is part of Metro Atlanta, I am amazed at the increasing traffic that I have seen over the years. Recently, the Douglas County Sentinel, the local newspaper for Douglas County, reported that gas prices are not affecting the city police patrols...

Are Atlanta Workers' Compensation & Job Injury Cases More Common Due To Population Growth?

Posted on June 21, 2008
Since the State Board of Workers' Compensation in Atlanta has not published its Annual Report lately which outlines key data for on-the-job injuries throughout Georgia, I can only assume that the number of injuries has gone up over the past few years...

Workers' Compensation Death Benefits Limitation Held Unconstitutional By The Georgia Supreme Court

Posted on May 20, 2008
On May 2, 2008, the Georgia Supreme Court decided the case of Sherman Concrete Pipe Co. v. Chinn. This case involves dependency benefits for a wife whose husband died in an on-the-job injury in 1990. While death cases are somewhat rare in Georgia workers? compensation law, the Atlanta area has its fair share of workers who die on the job due to the vast population and diverse workforce...

Workers' Compensation Case Law Update - Atlanta Medical Records Photocopying Company Unsuccessfully Challenges Workers' Compensation Fee Schdeule

Posted on May 20, 2008
On March 24, 2008 the Georgia Court of Appeals decided the case of Smart Document Solutions v. Hall. Smart Document Solutions is an Atlanta based company that provides photocopying services to physicians and other medical providers. In this day and age, it becomes necessary for attorneys to order medical records in workers? compensation and personal injury cases in Douglas County and throughout Georgia...

Case Law Update - Atlanta Basketball Player Cannot Maintain Negligence Case Against Trainer Due To Workers' Compensation Bar

Posted on May 20, 2008
On March 18, 2008 the Georgia Court of Appeals decided the case of McLeod v. Blase. This case presents another intersection where workers' compensation law meets tort law. This case was a personal injury case arising from Cobb County State Court, which is near Atlanta, Georgia, involving an athlete who was injured and tried to sue the athletic trainer for professional malpractice...

Georgia Workers? Compensation Law Update ? Injured Workers Rights To File Personal Injry Lawsuits Against Workers' Compensation Insurance Companies Become More Limited

Posted on March 09, 2008
I would first like to thank my clients, the legal community, and others for your continued referrals. As I have written before, my Douglasville, Georgia law firm handles workers' compensation claims throughout the State of Georgia. While many of my clients live her in Douglas County, many live in Atlanta, Paulding County, Carroll County, Lithia Springs, Cobb County, Hiram, Dallas, and Carrollton...

Elect Beau McClain for Douglas County Superior Court Judge

Posted on January 29, 2008
I am endorsing Beau McClain for Douglas County Superior Court Judge. Beau is a friend and colleague. This is a sound decision in support of a good man. Beau is currently the Chief Assistant District Attorney for Douglas County. He is a career prosecutor...

New Georgia Workers' Compensation Case - Award of Attorneys' Fees Overturned

Posted on December 11, 2007
On November 26, 2007, the Georgia Court of Appeals issued its decision in the case of L&S Construction v. Lopez. This somewhat short opinion involves the sole issue of whether attorneys' fees should have been awarded to the Claimant, pursuant to O.C...

Lawyers in Douglasville, Georgia Celebrating Christmas & Birthdays

Posted on December 07, 2007
I have been very busy lately. We are into the Holiday Season and there is much work to be done. I wanted to wish everybody a very Merry Christmas and Happy New Year. Car accidents increase this time of year, even in Douglas County, GA where the winters can be mild...

Part 6: Small Law Firm Technology I Use In My Douglas County, GA Personal Injury & Workers' Compensation Practice

Posted on October 14, 2007
My Firm Website & Blog My Firm website is located at www.jackclay.com. I also maintain a website that discusses workers? compensation and personal injury issues. While it is designed for clients and potential clients, I plan to add a section in the near future to help attorneys...

Part 5: Small Law Firm Technology I Use In My Douglas County, GA Personal Injury & Workers' Compensation Practice

Posted on October 07, 2007
Digital Dictation Works A few years ago, I changed to a digital dictation system. Personally, my dictation goes in spurts. However, I am a firm believer that an attorney that dictates is much more efficient than an attorney that types or hand writes his or her own documents...

Part 4: Small Law Firm Technology I Use In My Douglas County, GA Personal Injury & Workers' Compensation Practice

Posted on October 03, 2007
My Law Firm?s Hardware & Software I prefer to use a simple networked computer system and digital dictation. Currently, I have a paralegal and legal assistant employed in my firm. Our system works well. We also use McAfee business anti-virus and internet firewall software...

Part 3: Small Law Firm Technology I Use In My Douglas County, GA Personal Injury & Workers' Compensation Practice

Posted on September 30, 2007
Case Management System: We use Amicus Attorney After graduating from law school in 1999, I quickly realized that it can be very difficult to manage information on cases. In my opinion, Amicus Attorney is a wonderful case management system. I have had Amicus Attorney for a number of years...

Georgia Workers? Compensation Case Update ? Work Injury Claim Is Denied As Worker Did Not Convince Judge She Had A Work Accident

Posted on September 26, 2007
On September 13, 2007, the Georgia Court of Appeals issued its decision in the case of YKK (USA), Inc. et al. v. Patterson. This case involved two important issues. First, the Court of Appeals held that the injured worker did not prove, by a preponderance of the evidence, that she suffered an on the job injury in accordance with Georgia workers? compensation law...

Georgia Workers' Compensation Case Law Update - Personal Injury Proceeds From Truck Accident in Atlanta Should Not Go To The Workers' Compensation Insurance Company

Posted on September 24, 2007
On September 11, 2007, the Georgia Court of Appeals issued its decision in Paschall Truck Lines v. Kirkland. In this case, the injured worker was hurt in a truck accident when another commercial vehicle struck the vehicle he was driving. He collected filed a Georgia workers' compensation claim and a Kentucky workers' compensation claim...

Part 2: Small Law Firm Technology I Use In My Douglas County, GA Personal Injury & Workers' Compensation Practice

Posted on September 20, 2007
The Paperless Office I am proud to say that I have successfully transitioned from a paper to a paperless office. While it would be a stretch to think we could eliminate paper altogether, I have found that the efficiency of a paperless office is tremendous...

Holiday Car Accident & Workers' Compensation Settlements - - Good or Bad?

Posted on September 19, 2007
In my opinion, settling a personal injury case or workers' compensation case around the holidays at the end of the year should be avoided under some circumstances. It seems that in my line of practice, there is a historical rush to settle cases by the end of the year...

Part 1: Small Law Firm Technology I Use In My Douglas County, GA Personal Injury & Workers' Compensation Practice

Posted on September 13, 2007
Small Law Firm Office Technology How software & hardware improves my Douglas County, Georgia, Personal Injury & Workers? Compensation Law Practice. Why It Makes Sense Technology makes sense in my law practice for a number of reasons. First and foremost, it makes me a more efficient lawyer...

Georgia Workers? Compensation Law Update ? An Injured Truck Driver Cannot Maintain A Workers? Compensation Case In Georgia Against A Statutory Employer In Some Instances

Posted on August 17, 2007
As I mentioned in a recent article, the concept of statutory employment has a long and somewhat misunderstood history even among lawyers. On July 7, 2007, the Court of Appeals decided Axxson Timber Company v. Wilson. This case involved whether a worker who suffered an on the job injury can maintain a workers? compensation claim against a statutory employer under O...

Georgia Workers? Compensation and Personal Injury Case Update - Injured Employee's Lawsuit for Work Accident Against A Statutory Employer Is Dismissed Under O.C.G.A. §34-9-11 & O.C.G.A. §34-9-8

Posted on August 14, 2007
On July 9, 2007, the Georgia Court of Appeals handed down its decision in Patterson v. Bristol Timber Company. In this case, the plaintiff filed a person injury suite against Bristol Timber Company. The injured employee, working for a Georgia trucking company, was contracted to deliver wood chips to Bristol Timber Company by his employer...

Spotlight: Carroll County, Georgia Courthouse in Carrollton, GA

Posted on August 13, 2007
I have handled car accident, workers' compensation, and personal injury cases Carroll County, Georgia. Carroll County is a large growing area whose population has grown to nearly 107,000 according to the 2006 census. The Carroll County Courthouse is located in Carrollton, Georgia which is about 50 miles west of Atlanta...

Georgia Workers? Compensation Case Update - The Any Evidence Rule Is Alive And Well; In Medical Care Disputes, Judge May Yield To Injured Worker's Authorized Treating Physician For Medical Care Opinions

Posted on August 09, 2007
On July 30, 2007, the Georgia Court of Appeals decided the case of Bibb County Board of Education v. Bembry. This case involved a workers? compensation appeal of a school teacher in Bibb County Georgia. The Court of Appeals judges discussed the claimant?s medical treatment with several doctors...