Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Michael Richard Moebes
2 Answers | Asked in Workers' Compensation for Georgia on
Q: Injury at work in Sept 2018. Put on workers comp and in Nov 2018, a doctor said I required surgery. Claim denied.

Claim was denied in January but employer didn't say anything nor did the insurance. I was moved to a different building where I have incurred several other injuries due to original injury. In April, I was told the company was taking me off of workers comp and putting me on unpaid FMLA. I took my... Read more »

Michael Richard Moebes
Michael Richard Moebes answered on Nov 4, 2019

You're represented, so you should sort this out with your attorney. If calls and emails aren't working, show up and talk to him/her to come up with a plan of action. I'm assuming you're working with someone who does a lot of mass advertising, so you may be one of thousands of cases the firm... Read more »

View More Answers

3 Answers | Asked in Workers' Compensation for Georgia on
Q: If the PPD payments are straight math then why do we hear of insurance offering more to settle and close?

The insurance person offered $1000 extra payment to close the claim. This makes us think there is more than straight math in play. We also learned that mileage to medical can be included - the insco never told us this we had to find out on our own. What else are they not telling us?

Michael Richard Moebes
Michael Richard Moebes answered on Oct 19, 2019

Because getting paid PPD does not end your case, but settling it does. These are two different calculations.

View More Answers

1 Answer | Asked in Workers' Compensation for Georgia on
Q: How is a worker's earning capacity calculated for the purposes of obtaining workers' comp benefits?
Michael Richard Moebes
Michael Richard Moebes answered on Nov 12, 2018

Add up the weekly wage for the 13 full weeks worked before the injury and divide by 13. There are other methods for workers who were there fewer than 13 full weeks before the injury.

2 Answers | Asked in Workers' Compensation for Georgia on
Q: Hello, I got hurt at work. It required 2 surgeries. Is there a pay bracket to go by for a settlement?
Michael Richard Moebes
Michael Richard Moebes answered on Feb 12, 2018

No, because there are several factors at play when trying to resolve a case via settlement; there is no "pay bracket." You should get a workers' comp attorney to help you.

View More Answers

2 Answers | Asked in Workers' Compensation for Georgia on
Q: I was in a wreck on the job I'm a courier . Didn't receive claim# till 2 weeks later to do follow up..what can I do?

Am I'm eligible for wc? It now been almost a month for them even contacting me about the accident. So I just been dealing with pain and out work no income, stressed and depress from everything.. and then I was told I be told when to return but No one being professional its seem one's trying to... Read more »

Michael Richard Moebes
Michael Richard Moebes answered on Jan 31, 2018

Probably so, yes, but we'd need more information. There should be a list of doctors you can see; ask for that right away and get a workers' comp attorney to help you pick a good one.

View More Answers

1 Answer | Asked in Civil Litigation, Employment Law and Workers' Compensation for Georgia on
Q: WC (GA) adjuster offered settlement but want resignation? If not must rtw. Does this mean no settlement?

I’ve been with the co for over 20 years, and file WC for CTD in 2017. I was working teleport @ my GA residence on DOI. Employer didn’t have a tin in GA therefore I paid NY taxes. On DOI H/R stated I must file GA WC, opposed to NY...Note, state tax/address info was changed to GA by employer (HR)... Read more »

Michael Richard Moebes
Michael Richard Moebes answered on Jan 25, 2018

I'm a bit confused, as there are several questions here, but they're allowed (and almost always do this) to ask you to resign if you settle the case. If you don't, yes, they can create a light duty job for you to do so you can return there to work and stop getting weekly checks from workers' comp.

2 Answers | Asked in Workers' Compensation for Georgia on
Q: WC Attorney wants me to sign an agreement which allows them to charge me money if they quit the case - is that normal?

I was on an initial consultation, then the Attorney said she will send me the agreement. One of the paragraphs stated this:

"In the event of any termination or withdrawal of professional services for any reason, I understand that I remain responsible for an attorney’s fee for services... Read more »

Michael Richard Moebes
Michael Richard Moebes answered on Jan 17, 2018

Yes, that’s normal. It’s in case the need arises to file a lien. Otherwise, it’s a contingency contract; the lawyer never gets paid unless you do.

No, you’re not goong to find someone who is going to want to help you for free. All the contracts are approved by the State Board of...
Read more »

View More Answers

2 Answers | Asked in Workers' Compensation for Georgia on
Q: I am a FL resident, truck driver for a company based in GA. What state laws would I follow for WC?
Michael Richard Moebes
Michael Richard Moebes answered on Jan 16, 2018

It depends on where your accident occurred. Hopefully, in Georgia. Georgia‘s laws are much better for injured workers and our Florida’s.

View More Answers

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.

Michael Richard Moebes
Michael Richard Moebes answered on Nov 6, 2017

If you have a workers' comp claim with your employer, chances are great that you don't have a lawsuit to file against them, since the Comp Act shields them from liability for your injury to tort lawsuits, since you get workers' comp benefits. That said, most employers/insurers want you to resign... Read more »

View More Answers

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... Read more »

Michael Richard Moebes
Michael Richard Moebes answered on Aug 3, 2017

Benefits can go for 400 weeks in a non-catastrophic case. Continue to treat; if they try to refuse access to medical care, file a hearing request!

View More Answers

1 Answer | Asked in Estate Planning, Family Law and Workers' Compensation for Georgia on
Q: If someone dies before a workmans comp case is settled and dies from complications from the injury does the settlement

settlement become part of his estate/probate? This is in the state of Georgia

Michael Richard Moebes
Michael Richard Moebes answered on Jul 11, 2017

There have to be dependents for there to be any real money after a death, and the death has to be causally related to the workplace injury. Also, a settlement is never guaranteed in a workers' comp case; lots of cases never settle.

2 Answers | Asked in Workers' Compensation for Georgia on
Q: How much of your wages do you still get on workers' comp?
Michael Richard Moebes
Michael Richard Moebes answered on Apr 21, 2017

2/3 your average weekly wage, up to a statutory maximum that varies according to the date of accident. See OCGA 34-9-261.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.