Brunswick, GA asked in Workers' Compensation for Georgia

Q: I was injured in 2018. Tore my gastrocnemius and soleus muscle in my calf, as well as nerve and vein injury.

Was told I had permanent nerve damage. Muscle re-tore at work in 2019. Last spring (21)Was told nothing can be done. I have received no reports on medical closure, but just got a check of $19,650. The statement stated 20% for 45 weeks for partial permanent disability. This does not sound correct to me, is there anything I can do? How do I obtain the reports?I do not believe they considered the nerve damage or the fact I have been in constant pain since 2018. I limp when I walk and cannot perform at the level I did.

Related Topics:
1 Lawyer Answer
Tristan Blain Morrison
Tristan Blain Morrison
  • Workers' Compensation Lawyer
  • Alpharetta, GA
  • Licensed in Georgia

A: I'm sorry to hear that you got hurt at work, and even more sorry that it's a permanent injury. From your description, it sounds like you have at least one accepted workers' compensation claim. Work comp claims typically involve three kinds of benefits (think of it as three buckets of money - no more no less) unless someone is "catastrophically" injured. You can't get punitive damages or "pain and suffering" in the no-fault work comp system. Only these three buckets. (1) wage replacement, (2) medical care, and (3) permanent partial disability benefits (or "PPD"). It sounds like the insurer paid out the PPD recently based on the doctor's 20% impairment rating. The authorized doctor should have done an impairment evaluation based on the AMA's 5th Ed. Guides to the Evaluation of Permanent Impairment. Doctors may disagree about the % of your impairment. So a good lawyer might convince your doctor that your impairment is actually higher. Once that money is paid out, the remaining value of your case is based on the first two buckets of money. So the duration of time that you are likely to remain out of work, and the medical care that you are likely to need in the future, dictate your settlement value. If you have not consulted an attorney yet, you definitely should. A good attorney can maximize your settlement, and without an attorney, there are lots of dirty tricks that a clever adjuster can play in order to minimize your payout.

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.