Law Office of Hal Whiteman

07/02/2021

Happy Independence Day! But please, let the professionals handle the fireworks. Half a hand or loss of an eye just isn't worth it. And it scares my dogs!

03/23/2021

With so many people continuing to work at home, getting worker’s compensation from an accident at home is a hot topic.

03/22/2021

Can you be required to use your vacation/sick pay after a disabling injury in Georgia? Well, maybe. I get this question all the time. An employee's HR tells her that she has to use up her PTO before they will pay her workers comp for being out of work after an injury. Now many times this is to the employee's advantage because the PTO amount is equal to the regular pay while the workers comp is only 2/3 of the pay (with a maximum of $675 per week). But what if the employee has vacation coming up, or knows they will need time off for something else? They don't want to use up their PTO when they could be getting workers comp. The GA Court of Appeals has held that in most cases, the employee has to be allowed to make a choice. Their are exceptions but too detailed to list here. If this is an issue for you or someone you know, email me at [email protected].

03/12/2021

So many folks are still working from home though most of my clients have been going to their jobs for some months now. But occasionally I get asked if injuries at home are covered under workers compensation. The answer: "maybe!" That said, whether the injury is work-related is a more complex question. It comes down to the details. Did the injury occur while the employee was doing something for the employer? Compare a fall while walking down the stairs to perform a personal task, versus a fall while walking down the stairs carrying work files to the employee’s home office. Was the employee required to conduct the activity by the employer? I.e., does the activity resulting in the injury further the interests of the employer. Was the action approved by the employer even though it happened off-site? The burden of proof is on the employee to show that the injury was connected to performing work duties. But count on the employer and its insurance company resisting accepting any claim for injury at home.

03/05/2021

Will they fire me if I hire you? It’s the number 1 question I get when someone injured at work calls to talk about getting a lawyer. (Number 2 is “how much money can I get?” but that is a topic for another day). I just talked to a guy today. Really needs a lawyer but really needs the job to feed his wife and 3 kids and terrified that his employer will get rid of him if he hires a lawyer for his workers comp. So I tell them the truth: “Maybe”. If you have been a good employee for a number of years it is unlikely that the company will fire you as they have too much invested in you. But if you have only been there a short time, or have been written up, or can be easily replaced (think fast food counter help) it much more likely that they will find an excuse to let you go just because you “lawyered up” for help with workers comp. Georgia being an employment-at-will state, an employer can let you go, generally speaking, at any time for good reason, bad reason, or no reason. So it is a cost-benefit analysis. Is keeping the job more important than getting proper medical care and income benefits while you are out of work being treated? That is what they have to think about.

03/04/2021

My client Hunter Toole picking up his settlement check. Hunter had a miraculous recovery after a grinder almost took off his left hand at the wrist. After getting him the medical care we needed we were able to negotiate a good settlement for him.

03/04/2021

Many friends and clients have asked me when the courts will reopen in Georgia. The truth is that the courts are open but in a limited capacity. The fear of spreading Covid 19 has led to a series of emergency orders from our Supreme Court. These orders have prohibited jury trials in the state (after a brief time last Fall). This has had a huge impact on the thousands of people who need their day in court. Those accused of crimes are unable to get a ruling from a jury and so have to live with anxiety and depression due to their uncertain futures. Worse still are those who are in jail without bond and waiting on a jury trial. Folks with lawsuits from personal injuries are unable to get compensation and this has caused real financial crises for them. Many of these people simply cannot wait for their case to come to trial (estimated to be in 2022 or 2023 in most metro Atlanta counties) and so are requiring their attorneys to accept low ball settlements just to have some money come in. In my principal field of workers compensation, hearings (trials before administrative law judges) have resumed but on a very limited scale. In person hearings are discouraged. And since both sides must agree to an in-person hearing, claimants are simply not able to have their day in court. (Delay and deny being a chief tactic of insurance companies in workers comp claims, this has worked very well for them.) As in personal injury cases, claimants in Georgia workers compensation cases are having to take ridiculously low settlement offers just to keep the lights on and a roof over their heads. Sad times for our judicial system.

01/12/2019

I am very excited and happy to let you all know that I am forming a new law firm. I will partner with my great friends and lawyers, Chuck Hamilton and Fred Conklin to form Whiteman, Hamilton & Conklin, LLC. The adventure begins January 15! We will all focus our effort on helping those injured at work or else due to the negligence of others.

11/21/2018

Working after sundown can lead to disease, illness and accidents.

These workers need different tactics to beat drowsiness.

10/18/2018

I have again been selected as a Georgia Superlawyer. Thanks so much to my colleagues and others who nominated and voted for me.

10/05/2018

Attending the Annual Workers Compensation Institute in Jekyll Island, GA. Old dogs can still learn new tricks!

05/08/2018

Adjusters refusing/failing to approve treatment is becoming the norm and is the bane of my existence!