Georgia Workers Compensation Legal Questions

It depends! If you hire a lawyer and file a WC claim, the insurnce company will generally have you resign in lieu of termination at the end of the case.   If you have worked there a long time, it might not make sence.   If you dont mind switching jobs, it probably makes sense to talk.   Feel free to call with any questions 404 418 8507 James... Read More

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 More

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 More

In Georgia, as in most states, workers compensation is an "exclusive remedy".  This means that, even if your employer or a coworker was negligent and caused your injury, your only recourse is to file for workers compensation benefits.  Except in rare circumstances, you cannot sue your employer for damages such as pain and suffering. The workers compensation system provides a defined set of benefits for an injured worker, regardless of who was at fault.  The benefits include medical treatment, weekly benefits to partially offset your lost earnings, and some limited permanent disability benefits if your injury results in permanent impairment.  There is no benefit for pain and suffering, and there is no provision for punitive damages. However, if your injury was caused by a third party not affiliated with your employer, you may have a claim against that party, as well as a claim for workers compensation benefits against your employer. If you have suffered a work-related injury, consult with an experienced attorney right away.  There are strict deadlines for notifying your employer and filing a claim.  The workers compensation system is complicated.  Don't try to navigate it on your own! MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read More

Permanent partial disability benefits are payments made under the Georgia workers compensation statute after other weekly benefits (temporary total and/or temporary partial benefits) have stopped.  When your doctor determines that you have reached "maximum medical improvement", he or she should make a determination of whether you have any permanent disability as a result of your injury.  If so, you should be given a permanent disability rating.  A rating will entitle you to additional weekly benefits, even if you have returned to work.  For example, a 10% permanent disability rating to your body as a whole would entitle you to 30 additional weeks of benefits.  If your doctor gives you a rating you disagree with, you may want to arrange for an independent medical examination by another doctor.  If you are interested in a final settlement of your claim, the point when your doctor issues the rating is often a good time to negotiate.  This, of course, is something you should discuss with a qualified workers compensation attorney. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read More

Perhaps the most important thing to remember about work injuries is this:  ALWAYS REPORT ANY INJURY IMMEDIATELY.  If you fail to do so, and the injury turns out to be more severe than you thought, your claim for medical and wage benefits could be denied.  When you report the injury, make sure that your employer documents it in writing.  If you are not sure that a written report was made, submit a written notification to your employer yourself.  Sometimes serious injuries do not seem serious at first.  Protect yourself.  And, if it turns out that your injury is severe, get experienced legal advice.  Unfortunately, you cannot count on your employer or its insurer to always do the right thing. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read More

It is difficult to say what the purpose of the hearing would be, as all seems to be going along smooothly on your case.  Regarding your ongoing benefits, you should continue to receive medical care, at your employer's expense, for treatment of your injury.  If you miss time from work in the future due to an inability to perform your job (due to your injury), you should be paid workers compensation benefits for that time missed (subject to certain limitations).  You may also be entitled to payment for any permanent impairment you have sustained as a consequence of your injury. Hope this helps!... Read More

If an idividual has a compensable work injury, and that compensable event leads to another injury, the second injury is usually held to be compensable as well.  This is called a superadded injury.  A heart attack on the job is often held to be a compensable injury.  If the heart attack is compensable, then a second injury caused by the heart attack would constitute a superadded injury and would also be compensable. To pursue a workers compensation claim, the injury must be promptly reported to a supervisor.  There are strict time limits for filing a claim.  If you or a loved one has suffered a work-related injury, get advice from a qualified, experienced attorney right away.  Delay can make it much more difficult to get compensation.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.... Read More

Under Georgia Workers Compensation law, if an injured worker returns to work and is then terminated for reasons unrelated to the work injury, the employer usually will not have to reinstate the weekly benefit.  Medical benefits would continue, however.  If the worker’s condition later changes, and he or she is no longer able to work, weekly benefits may be reinstated.  It can often be a struggle to get the insurer to agree that the benefits should be recommenced, however, and it may require a hearing.  If your condition has changed, it is important to get advice from an experienced workers compensation attorney right away.  Your attorney will review the medical records and consult with your doctor to determine if a request for reinstatement of benefits is called for. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH WORK 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 More

Under Georgia law, when an injured worker has been released to light duty work by his/her treating physician, the employer can choose to offer light duty employment. If the injured worker refuses to make a good faith attempt to perform the job, the employer or insurer can suspend weekly workers compensation benefits.   However, in order for the employer/insurer to suspend benefits without a hearing, it must provide the treating physician with an accurate job description, and it must send the employee a copy of the job description at the time it is sent to the physician. If the job description is approved by the physician, the job is tendered to the employee, and the employee refuses the job or fails to make a good faith attempt to perform it, the employer can suspend the employee's weekly benefits.  In order to get the benefits reinstated, the employee would have to request a hearing and present evidence that the proposed job is not suitable employment.   If you have been injured on the job, it is very important to get advise from an experienced workers compensation attorney to insure you get the benefits you deserve.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA. WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH INJURY CLAIMS, SOCIAL SECURITY DISABILITY, BANKRUPTCY, AND OTHER LEGAL MATTERS. CALL US AT (706)548-7070 OR VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM.... Read More

You very likely have a valid workers compensation case.  If your injury occurred in the course of your employment, your employer and its workers comp insurer should pay for all medical expenses incurred through an authorized treating physician, and should pay a weekly benefit until you are able to return to full duty work.  If you have any permanent impairment as a result of your injury, you are entitled to compensation even if you return to regular duty employment. YOUR EMPLOYER IS RESPONSIBLE FOR YOUR INJURY EVEN IF IT WAS YOUR FAULT, AND EVEN IF YOUR EMPLOYMENT HAS BEEN TERMINATED. If you have suffered a serious work-related injury, qualified legal assistance is absolutely necessary.  Consult with an experienced workers compensation attorney early in the process.  It will likely save you considerable headaches later. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH WORK 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 More

When treatment for an established work-related injury causes a new injury, this is referred to as a "superadded injury".  A superadded injury is a legally compensable injury under Georgia law.  Of course, the burden of proof is on the injured worker to show that the new injury was caused by the treatment for the original injury.  This can sometimes be difficult.  An experienced workers compensation attorney will review the medical evidence and determine if such a claim is feasible. If a worker's authorized treating physician releases him/her to regular duty work without restrictions, the worker's weekly benefit can be stopped on relatively short notice.  If your doctor has released you before you can fully perform your job, it is important to get another opinion as soon as possible.  This can usually be accomplished by demanding an independent medical examination at the expense of the Employer and Insurer.  When you are faced with the possibility of losing your benefits, experienced legal representation is absolutely necessary.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCED HELPING PEOPLE WITH WORK INJURIES, DISABILITY CLAIMS, AND FINANCIAL PROBLEMS.  VISIT OUR WEBSITE AT www.morganlawyers.com OR CALL (706)548-7070.  ... Read More

One of the most important rights of an injured worker in Georgia is the right to an independent medical examination.  Ongoing medical treatment must be done through an "authorized treating physician", what is commonly called a company doctor.  However, the injured worker can demand a one-time independent medical examination by any doctor of his/her choosing.  The employer/insurer must pay for the examination and any tests the examining physician orders, within certain limits. This right is especially helpful when the company doctor has released a worker to return to work before he/she is fully recovered, or when the company doctor refuses to give a fair permanent disability rating. A qualified and experienced workers compensation attorney will know when to use an independent medical examination to protect your benefits and maximize your settlement. MORGAN & MORGAN IS LOCATED IN ATHENS, GEORGIA.  WE HAVE OVER 30 YEARS EXPERIENCE HELPING PEOPLE WITH WORKERS COMPENSATION, SOCIAL SECURITY DISABILITY, AND BANKRUPTCY CASES.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070. ... Read More

The insurance company has 21 days to investigate the claim.  At the end of 21 days, the insurer must start paying weekly workers comp benefits or controvert (deny) the case.  In other words, take a position one way or the other.  If you are out of work less than 7 days, the insurer does not owe you weekly benefits.  You should continue to stay in touch with your supervisor and let them know what type of restrictions the doctor is giving you. ... Read More

You can request to see another doctor on the employer's panel of physicians even if you are fired from that job.  If the employer has less than 6 different doctors on the list, you can select any doctor you want to treat with.  Unfortunately in Georgia, the employer can terminate you for any reason or for no reason since we are an "at will" state. ... Read More

Probably not.  It sounds like workers comp is paying for his medical bills and lost wages which is exactly what workers comp should pay. Since he's receiving workers comp benefits, he cannot sue his employer (the City) for a personal injury claim (negligence for not providing a safe work place).  If your husband was bitten or injured on a private landowner's property, he could potentially have a claim against that person. ... Read More