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Georgia Workers' Compensation Questions & Answers
0 Answers | Asked in Workers' Compensation for Georgia on
Q: Should an employer be made to pay late penalty if the check they sent the claimant to satisfy an award was lost in mail

The twenty day deadline is past and the check has not surfaced? A hearing is requested to seek penalty payment as well as a re-issue of the check. Is this a likely successful strategy?

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I am eployed ny MWR and was injured and on workers comp. can they make me look ofr other jobs?

There lawyer (insurance) is haveing me look for 10 jobs a week. I am still seeing doctors pending a case

Tristan Blain Morrison
Tristan Blain Morrison
answered on May 8, 2024

In a Georgia workers' compensation case, if an injured employee is out of work on either "no work" status or "light duty" work status, getting weekly wage replacement benefits, they typically don't have any obligation to look for a job. Insurers lie to hurt workers... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Hurt at work since 8/11/23 an now 01/22/24 an not 1 payment received ! Lawyer up still in pain an now they saying L Duty

What to do about going back to work with this Lumbar pain L5-L4-L3 ,no payment in 5-6 months

Tristan Blain Morrison
Tristan Blain Morrison
answered on Jan 23, 2024

I think you answered your own question. If you have a serious injury at work, lawyer up. Immediately. This does not mean that every injury requires a lawyer. But if you legitimately need back surgery, then you needed a lawyer yesterday.

Before I started representing hurt workers, I used to...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: im a 1099 employee i fell at work hurt my knee and my back how do get payed for this
Michael W. Horst
Michael W. Horst
answered on Jan 21, 2024

The key to answering this question is to identify whether you are a 1099 independent contractor or a W-2 employee. Georgia law looks at a number of factors in making this decision, too many to go into here. Ultimately, the law is attempting to ascertain whether whether the principal has the right... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Injured at a non tax paying job no benefits but have checks as proof of employment needing medical attention

Employer says pay out pocket will reimburse but has stated several times he has workers comp and liability insurance on his company

Tristan Blain Morrison
Tristan Blain Morrison
answered on Jan 17, 2024

The fact that you or your employer were not paying taxes does not (on its own) prevent you from getting work comp insurance benefits. If you are seriously hurt, hire a lawyer immediately and file for work comp.

2 Answers | Asked in Workers' Compensation for Georgia on
Q: I got hurt on the job and was not given the option to seek medical attention from a trained professional
T. Andrew Miller
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answered on Dec 9, 2023

Get a lawyer!

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1 Answer | Asked in Workers' Compensation and Personal Injury for Georgia on
Q: Is everything barred under workers compensation?

I was working as an auto mechanic for the city. Mechanic A, approached me stating.that another mechanic, Mechanic B, needed me to come to the training field so he can show me how to operate a backhoe. I get in the John Deere gator with Mechanic A, he’s the driver--we head to the training... View More

Tristan Blain Morrison
Tristan Blain Morrison
answered on Oct 26, 2023

Based on the facts provided, your workers' compensation lawyer is (probably) correct, but we don't have all the facts, so it's hard to tell. If the driver of your vehicle worked for the same company (or governmental agency) as you, then the exclusive remedy rule would likely bar... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: In a Worker’s Comp case involving a workplace injury resulting in 2 fingertips being amputated

And with an eval indicating a 27% impairment..what would be a reasonable settlement amount? Is there a fee schedule or other index that I can reference?

T. Andrew Miller
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answered on Sep 28, 2023

There are multiple factors that influence settlement value of a Worker’s Compensation claim. It’s best to speak with a reputable Worker’s Compensation attorney in order to get the best deal and have peace of mind about your decision. Even if it is 27% impairment to the hand, there are a lot... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I work for a state agency. I fell in the office building's hallway.

An ambulance was dispatched, and surgery was performed. After more than half of the year, I am still in pain and need to continue receiving doctor's care. Do I have a basis for a law suit?

T. Augustus Claus
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answered on Sep 25, 2023

In Georgia, if you were injured while on the job, you may be eligible for workers' compensation benefits, which can include medical expenses and a portion of your lost wages. Workers' compensation is designed to provide benefits without requiring you to prove negligence on the part of... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: workers comp claim in GA. Is there a minimum amount/measure/index 2 determine how much is 2 b paid if amputation occurs
T. Andrew Miller
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answered on Sep 20, 2023

There is a schedule that determines the amount of permanent partial disability benefits, to be paid if there’s an amputation, depending on whether it is arm or leg. There is not a predetermined amount for the settlement of the Worker’s Compensation case. Best to consult with an experience... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: When being disposed for a Workers Comp claim involving a workplace injury are ?? Re: my personal life & finances allowed
T. Andrew Miller
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answered on Sep 20, 2023

The short answer is yes. There isn’t much that’s off-limits in a Worker’s Comp. deposition because the case necessarily involves your body and your finances.

2 Answers | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: Can an employer require prior authorization before seeking medical treatment for a work injury?

Proposed language in employee handbook: You must receive prior authorization before seeking outside medical treatment unless the condition is

immediately dangerous to life and health. Failure to do so will result in a written warning.

T. Andrew Miller
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answered on Aug 19, 2023

Like a lot of questions involving Worker’s Compensation cause the answer is “it depends”. Essentially, “prior authorizatIon” could mean several different things as it relates to the employer, and or the Worker’s Compensation insurance company. Best to consult a Worker’s Compensation... View More

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2 Answers | Asked in Workers' Compensation for Georgia on
Q: I haven’t received my workers comp benefits from June 26th-July 11th

I asked my worker’s compensation case manager when will I be compensated. She said your employer advised her that they had work within your restrictions available for you, but you did not return.

Which is not the case and I have proof of my time card and text from my employer.

I... View More

T. Andrew Miller
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answered on Aug 14, 2023

If they sent you home then they should turn your benefits back on. This is a situation that might need to decided by a Workers Comp judge, or it could be sorted out quickly with the adjuster. Either way, you should consider consulting a Workers Comp attorney and find out exactly where you stand and... View More

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1 Answer | Asked in Child Support, Family Law and Workers' Compensation for Georgia on
Q: Can child support take some or all of my workers comp lawsuit settlement

My current child support says to stop lottery winnings, federal taxes and no passport

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 5, 2023

You should consider hiring an attorney to assist you in settling your child support case. An attorney can help you come to an agreement on how much you would pay per month. And as long as your payments are being made, the state shouldn't be trying to garnish other monies . But since you... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can my employer lay me off if I've been hurt on the job and file a claim

I work for a temp agency at a carpet mill can the temp agency or the carpet mill lay me off if I felt like workers complain

Tristan Blain Morrison
Tristan Blain Morrison
answered on May 10, 2023

Yes, but frankly it's a bad and risky decision by HR to fire someone who gets hurt at work, unless they have a good reason beyond the injury itself. If the Employer terminated you due to your work injuries, then their insurance company would owe you "TTD" benefits - which is... View More

1 Answer | Asked in Social Security and Workers' Compensation for Georgia on
Q: what can I do concerning a workers compensation Claim with an indemnity in it that Social Security is simply engorging

I had a workers Compensation claim settlement, settle in 2015 with a indemnity for social security offset

That social security reversed and base my social Security claim off my entire settlement without attorney fees subtracted from it.

I been drawing SSA since 2021 And they just now doing this.

James L. Arrasmith
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answered on May 2, 2023

If you believe that the Social Security Administration (SSA) has made an error in calculating your benefits, you have the right to appeal their decision. You can file an appeal with the SSA within 60 days of receiving notice of their decision.

To do so, you will need to provide...
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1 Answer | Asked in Consumer Law, Contracts, Employment Law and Workers' Compensation for Georgia on
Q: I currently have a 501c and want to add a LLC to it. What do I have to do?
Glenn M. Lyon
Glenn M. Lyon
answered on Apr 13, 2023

It depends on what you mean by "add the LLC." In many instances, having a non-profit own a for-profit entity is a bad idea and can lead to the non-profit losing its tax exempt status. Discuss with an attorney who deals with non-profits.

2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... View More

Michael Richard Moebes
Michael Richard Moebes
answered on Jan 1, 2023

I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: I fell off step ladder at work in March of this year and broke my hip had to have surgery. Offer me 13,000 bills 120,000

My lawyer and they went to my first hearing and she had not sent over my hospital bills and doctor bills that my personal insurance had paid for to workman's comp so I need to see about what I can do about terminating or getting another lawyer that might be interested in my case thank you

Tristan Blain Morrison
Tristan Blain Morrison
answered on Oct 31, 2022

I'm sorry to hear that you are hurt and that your attorney is not doing a good job for you. Please give us a call at 404-800-5297, and we can discuss whether we want to work together. We look forward to hearing from you.

2 Answers | Asked in Workers' Compensation for Georgia on
Q: I was in a slip and fall at work and have been seen by a doctor on the company’s behalf but I still been having pain.

Do I have a case strong enough to go forward with a lawsuit?

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jul 29, 2022

If you were at work and on the clock/doing something for the benefit of your employer at the time of the injury, you are entitled to a worker's compensation claim. The injury does not have to be the employer "fault"; instead, it merely needs to occur while you are working. These... View More

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