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1 Answer | Asked in Workers' Compensation for Georgia on
Q: If I have complications from workers comp injuries that is outside of the statute of limitations, can anything be done?

Severely sprained ankle two years ago. Pain in same area of damage.

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answered on Nov 7, 2017

The answer is: "it depends". There are a lot of factors to be considered to determine if you would be entitled to workers comp benefits after any applicable statute of limitations has run. You should consult a Georgia workers comp attorney about this.

2 Answers | Asked in Workers' Compensation for Georgia on
Q: Is it a requirement to settle a workers comp lawsuit for me to sign a waiver giving up my rights to sue employer

I am coming to the end of my lawsuit and I have accepted the settlement offer but I am being told that I have to sign a waiver stating that I wouldn't sue my former employer in the future. They are putting in the balance to make the settlement what I agreed to.

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answered on Nov 6, 2017

Yes, in almost every situation you do have to release your employer in order to settle a Worker’s Compensation claim in Georgia. However, Georgia law prevents you from bringing most other type of claims against your employer that have to do with your work related injury anyway.

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: I was injured on the job with my upper back/shoulder by pulling apart some stuck rubber. On lite duty but they want me

To Push a broom & I'm telling them I can't bc I'm still swollen & still in pain. Told workman comp I need to see a dr again on Mon I'm still waiting on an appt. Called out of work bc of my injury and received a right up for attendance. What should I do from this point.

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answered on Nov 4, 2017

It’s very important that you consult with a Workers Compensation attorney as soon as possible, so that you can have a game plan for navigating the rest of your case. This can be a very tricky part of the case and workers comp can easily back you into a corner of you’re not certain of your... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can my former employer send me form 240 offering employment with another company? If I decline do I loose ttd benefits?

Currently workers comp since 2016. Had bicep tendoesis Aug.2016 now I have a frozen shoulder. Refused second surgery manipulation under anes. Temp total disability since June 2016. Terminated Feb 2017 because they couldnt accommodate work restrictions, which I still have.

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answered on Oct 21, 2017

The short answers are yes and yes. But there’s a right and a wrong way to navigate return to work in the workers comp context. You will want to consult with an attorney to work through this situation.

1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: How long can adjuster take to approve surgery request from their approved medical provider?

Workman’s comp claim

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answered on Oct 18, 2017

Under most circumstances, there's no set deadline in the law. There are many different reasons the surgery could be delayed, and most workers comp insurance companies will slow things down and take advantage of all of their legal rights when they learn a surgery has been ordered. Your best bet... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I had a worker comp case.it was settled by a judge.and judgement was that worker comp would pay my doctor bill.they nev

As my lawyer who I had at the time said.if I pay him $4.000.00 more he would look into it.but by court order they was to pay my doctor bills.all my lawyer at the time said they would settle for pennies on the dollars.

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answered on Sep 29, 2017

If you have an order from the SBWC ordering WC to pay the bills, you may be able to get WC to pay them now. Your lawyer should handle this for you.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I am the General Manager for a restaurant and was on my way to do the bank deposit and got rear ended. is this a workman

is this a workers comp case

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answered on Sep 4, 2017

Employers and workers comp insurance companies have a lot of wiggle room when the accident did not take place on the premises. You should be able to eventually get this case accepted under workers comp...it will be much better for you if you retain a lawyer to pursue it. You also have a case... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: If I am on workers comp for a back injury, can I still use my company car and my company paid gas card?

I do own my own personal vehicle.

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answered on Sep 1, 2017

That's up to your employer. Issues like this are technically separate from your workers comp case, in most situations. I'd guess that how long they allow you to use the car/card depends on how long you are out on workers comp.

2 Answers | Asked in Workers' Compensation for Georgia on
Q: Is there a statue of limitations on receiving workers comp?

I am a nurse. I messed my back up pretty bad while at work. I filed a claim, received physical therapy, received benefits for a certain number of weeks, and was deemed 22% permanent partially disabled due to my back injury. That was in Dec 2015. The pain has never gone away, but Ive just dealt with... View More

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answered on Aug 3, 2017

There are different limitations periods for different circumstances. Your best bet would be to consult an attorney, who will have a bunch of questions for you about the situation and hopefully can put together a plan for you. My office offers free consultations.

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2 Answers | Asked in Personal Injury for Georgia on
Q: Mediation for my premise liability lawsuit in Sept is coming up. For the past 5 years my attorneys have handle

My case on contingency. Fast forward to today. I have emailed them mutiple times asking for a amount. The mediation has been scheduled for September 13, 2017. I have asked "what are you suing for". All I keep getting is "well we have to wait for this...we have to wait for that".... View More

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answered on Aug 1, 2017

Keep asking - you have a right to know. As you get closer to the mediation, you should be able to discuss what to expect, in general terms. Your attorney does not know exactly what will happen, nor can they tell you precisely what will or will not be offered. But you are entitled to a frank... View More

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can I sue my company for not giving me a second opinion physician option?

I got injured in the workplace and the physician that attended me put me on light duty, even though my company is a Heavy Duty Company only. I never felt comfortable with the physician I got assigned to, and after the doctor gave me a clearance letter I asked the company if I could get a second... View More

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answered on Jul 18, 2017

Yes you can take legal action to enforce your rights under workers comp law - your second opinion being one of those rights. Contact a workers comp lawyer to discuss your options. My office offers free consultations.

2 Answers | Asked in Car Accidents and Criminal Law for Georgia on
Q: So today I was in a accident and it was a road rage situation. The other driver hit my vechile with the intent to cause

Death to me. We were in the fast lane and he hit the side of my car causing me to hit the wall and come across 4 lane highway. The driver was caught and arrested but what other charges could he face

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answered on Jul 18, 2017

Did you suffer injuries in the accident? If so, you will want to consult an attorney to discuss your rights.

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: I got injured at work.and got a form to fill out and it asked of any preexisting conditions. Do i have to disclose it

It was a year since it was treated ,only with meds .the exam and diagnoses was 3-4 years ago.from a different dr in a different state.

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answered on Jul 11, 2017

The short answer is yes, you should always be truthful in communicating with your employer about issues like this because it can only come back to haunt you later if you try to hide something. Workers comp insurance companies have access to information about medical treatment across the country.... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: If I'm unable to handle working at my current job while on worker's comp and quit my job, do I forfeit any benifits?

Injured August last year, surgery wasn't approved until January. Was supposed to be out for 12 weeks to recover, sent back to work after 6 weeks. Even light duty at current job has been unbearable. Thought last doctor visit that I would be cleared for full duty and the case closed so I had... View More

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answered on Jun 19, 2017

Based on your description of the situation, you'd probably be leaving a good bit of money on the table if you were to quit now. Best thing would be to consult with a workers comp lawyer to help you get through out of this quickly and with the most money in your pocket possible. My office... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I am 65 years old , I was injured on the job a year ago . I worked and drew my social security . i dont

have the medicare part on ss. W/c wants to set aside money . Can I waive that simply because medicare isnt responsible now why would they be responsible for my injury if i needed medical help ?

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answered on Jun 7, 2017

The short answer is you have to have a Medicare Set Aside because you might be Medicare eligible in the next two years, even if you aren't right now. The fact that you are on Social Security makes it more likely that you will be Medicare eligible, which means that both parties to the... View More

1 Answer | Asked in Bankruptcy and Workers' Compensation for Georgia on
Q: How does my chp.13 bankruptcy effect my worker's comp case if awarded benefits in GA?

What do I do to keep my settlement?

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answered on May 22, 2017

It will probably affect your ability to receive your portion of your workers comp settlement, but the effect on weekly income benefits can vary from case to case.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Is there a statute of limitations on how long after the injury the employer can request a drug test?
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answered on May 22, 2017

Not necessarily, but the longer after the injury the drug test is performed, depending on the drug being tested for, the less effective a positive test would be in supporting a denial of the workers comp claim.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I have worked on concrete floors for over 8 years and now have heel spurs. Is it covered by WC?

Unbearable pain the past two weeks. Podiatrist dismissed as Plantars but xray at urgent shows large fang like spurs.

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answered on May 22, 2017

It's possible that you could get a claim like this accepted by WC. But I wouldn't try it without hiring a lawyer because I would expect the claim to be denied initially.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: In the state of Georgia can one find and start another job while out on workers comp
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answered on May 22, 2017

Except for the narrowest of circumstances, it's illegal to receive weekly workers comp payments while working. Better to settle your workers comp claim and then start working somewhere else. Line up a new job, sure. But don't start earning income at a new job while the weekly checks are... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: does O.C.G.A S34-9-11.1. reserve the right for employer-self insurer to bring subrogation lien mean they will sue me.

walmart 13% diability rating for detached rotator cuff had surgery did not work, nothing left to do. walmart has paid all of mine medical bills and surgery and paid for my time off and paid a weekly permanent partial disability rating of 13%. now wanting to settle for 24999. but has the previously... View More

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answered on May 20, 2017

Subrogation can be very complicated and can, in some circumstances, lead to a lawsuit against the injured worker. If you don't have a lawyer for your personal injury case (or your workers' comp case for that matter), you should get one. That way, you can get advice on how exactly to... View More

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