Workers Compensation Legal Questions

If you have a work-related injury in Georgia, as in most states, you do not have the right to get medical treatment anywhere you want.  Your employer is required to maintain a "posted panel of physicians".  In most cases, you must select a doctor from the posted panel.  The doctor then becomes your "authorized treating physician".  If you seek care from other doctors, the employer and insurer may not be required to pay the bill.  You have a right to change to another doctor on the posted panel, but this is a one-time right.  Any further changes would have to be agreed to by the employer and insurer, or the State Board of Workers Compensation would have to approve the change. Your authorized treating physician can refer you to other doctors if he/she thinks it is necessary.  Often, though, it takes time to get the insurer to agree to the referral.  Your treating physician should follow up with the insurer and make sure that the insurer has complete information as to why the referral is needed.  If the insurer refuses, your attorney can demand a hearing and ask the judge to order the insurer to comply. As you see, workers compensation is complicated, and often the employer and insurer can make it difficult for you to get the treatment you need.  If you have suffered a serious work-related injury, get help from an experienced attorney right away.  DON'T WAIT. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH WORK-RELATED INJURIES, BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read Answer

If you have an injury that occurred on the job, then workers compensation may cover this. This is so if the attack occurred due to your work. Workers compensation can provide medical coverae and compensation for our neck and spine injuries. I have practiced Virginia Workers Comp law for over 35 years. I would need more details about your case to decide if I can help you in this matter. ... Read Answer

The statue of limitations may have expired on your August 2011 claim. However, if your April 17, 2017 accident re-injured everything then you certainly would have a claim for compensation and medical care under this new accident. You can contact me for assistance. I have been practicing Virginia workers compensation law for over 35 years. ... Read Answer

If you are injured on the job, there are some things you must do to protect yourself. FIRST, report the injury to your supervisor or manager.  Make sure a written report is prepared, and ask for a copy.  If you fail to report an injury promptly, it becomes much more difficult to prove the injury is job related if you need medical treatment and workers compensation benefits later.  DON'T DELAY.  REPORT EVEN A MINOR INJURY IMMEDIATELY. SECOND,  ask to see a copy of your employer's Panel of Physicians.  In Georgia, and in most other states, each employer must maintain a posted panel of physicians for you to choose from in the event of injury. THIRD, ask for a medical examination by a doctor on the panel.  If your employer does not maintain a posted panel of physicians, demand an examination by a doctor of your choice. FORTH, speak to any witnesses who saw the accident or are aware of the extent of your injuries.  Ask them to verify the facts of the injury to your employer, preferably in writing. FIFTH, if you must miss work, be sure to get a written statement from the treating physician and provide a copy to your employer. If you miss more than one week of work due to your injuries, you should receive weekly benefits. If your employer is not willing to take your injury seriously and help you get the medical attention you request, consult with an experienced workers compensation attorney right away.  Even if you do not want to pursue a legal claim, your attorney can advise you of your rights and monitor your case, so that you are well prepared if legal action becomes necessary. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH WORK-RELATED INJURIES, BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.    ... Read Answer

The workers compensation law reuqires the employer to report a work injury to its workers compensation insurance company within 21 days after the accident.  You should ask to see a copy of the report that was prepared and sent to the insurance company.  Hopefully the employer does have insurance.  If not, that's ok because there is an uninsured employer guarantee fund.  If your wife missed at least 7 days of work, she's entitled to wage loss benefits in addition to medical benefits.  If she's not being treated right, I would encourage you to retain counsel to make sure she receives everything to which she is entitled.  She must file a claim petition with the state within 3 years of the injury if the matter is not accepted as compensable by the insurance company and she is not paid all benefits due.... Read Answer

So the client is offering to pay you, just less than what you deem to be fair?  I'd suggest that you weigh the "discount" against the time and effort and risk of failure it would take to get full pay.  You could sue the client but you might not win.  Sometimes a bird in the hand is better that two in the bush.  That's not always fair but sometimes its the prudent course of action.... Read Answer

This sure sounds like a workers comp. claim to me. If the Employer has WC insurance coverage, your fiance should call their insurance company and report the claim immediately. You can also go to www.ic.nc.gov, the NC Industrial Relations web site, click injured worker and find out more information. If the Employer does not have WC coverage obtain the name of their auto liability carrier and report the claim to them.... Read Answer

 Workers Comp, usually wants to do a recorded interview to go over how you were injuryed, your work and medical history and they want to make sure that your need for surgery is a result of the on the job injury.  If you do not want it recorded, you can say so, let the adjuster know you are recording the interview as well, ask for a transcrip or a copy of the record and you also can obtain an attorney to attend the interview with you.... Read Answer

The statute of limitations for your claim is three years from the last weekly payment for your condition.  That deadline is for weekly benefits and impairment.  Your right to medical care for your condition does not expire.     I would need more information - when was the last payment, did they pay you for an impairment (did they get a rating -- a percentage number from the doctor)?  You probably have options that you should explore with an attorney as soon as possible.     Donna Miller www.Grefesidney.com 515-245-4300  ... Read Answer

If your wife sustained an injury at work that results in disability she should qualify for workers comp benefits.  Sometimes there's a work injury to a part of the body that had pre-existing problems.  In that instance, figuring out whether the disability is related to the work injury or underlying condition can be difficult.  Employers often use this to deny benefits.  You should contact a workers comp attorney in your area for further consultation.... Read Answer

Whether your injury has settlement value depends a lot on the extent of your disability, your employer's willingness to offer you a job that accommodates your condition or other work available in the local marketplace that you can do.  Your question can't be answered in this forum.  I'd encourage you to contact and attorney, share the details of your situation and get some idea of what your options are.... Read Answer

Dear Anonymous,   Before you fill out any disability paperwork from your employer, I would recommend that you have an attorney review it.  Depending on the status of your worker's compensation claim, it may be that Sedgewick is still responsible for additional treatment, as well as for any permanent impairment that has resulted from your work injury.  Further, you may also be entitled to disability benefits from your employer, but it is impossible to answer these questions without additional information.  Please feel free to give me a call if you would like to discuss your case in more detail.   Very truly yours,   Chip Clark... Read Answer

You would need to be out a certain period of time before you would be paid disability wages for missing time from work for medical treatment. I think if you are having a work related injury that is causing you to miss time from work it is in your best interest to find a Worker's Compensation attorney to apprise you of your rights and be your advocate along the... Read Answer

 This is a statute of limitations issue. You would have been required to receive medical treatment or medical benefits at least once a year to avoid the statue limitations from running. You also should've been apprised of your rights. You should have an attorney review the medical situation and determine if you might still have a right to keep the case open or negotiate a settlement. The employer and the insurance company are required do you have notified you of your rights and will need to demonstrate that they did so.... Read Answer

The question is not really clear in the fax. Most workers comp attorneys will handle cases like myself on a contingency fee where you do not pay any of the fees and the cost. However upon any settlement the cost have to be paid. I really have seen a situation where a settlement is not sufficient enough to pay for the costs. Feel free to get another opinion.... Read Answer