Lawyers, Answer Questions  & Get Points Log In
Georgia Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Georgia on
Q: Injured on job, workers Comp, unit closed, we were let go, should I have been fired?

Had surgery start PT tomorrow. I’m getting first WC check soon, been out of work since Dec. 2018. Got paid severance ended March 2019.

I have never been on WC before. Worked 31 years as a nurses aide.

T. Andrew Miller
T. Andrew Miller answered on Apr 10, 2019

Difficult to answer based on what was written. Contact an experienced attorney to understand all your rights.

1 Answer | Asked in Workers' Compensation and Health Care Law for Georgia on
Q: GA catastrophic w/c case WC 207 violation or not?

Can a rehab case manager send my medical records at will to any facility as she wishes? My records were sent to a rehab facility without a signed WC207, ATP had not authorized nor recommended the facility, and I never went to this facility, dates and facts are in writing. This was just one of... Read more »

T. Andrew Miller
T. Andrew Miller answered on Mar 29, 2019

Unfortunately, the answer is yes based on what you’ve written here. There’s an entire team essentially working against your best interest in the name of saving money. Get an experienced workers comp attorney on your team so you can know your rights and options. Otherwise they will just keep... Read more »

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Must WC pay a Lump sum for a knee surgery, after paying medical bills and lost wages? what is fair?

I slipped while working and my knee popped I torn my ACL and meniscus. WC is paying lost wages and medical bills though the lost wages are taking to long to arrive and the Doctor appointments takes more than month. I don't like to fight i just want to know what is fair

T. Andrew Miller
T. Andrew Miller answered on Jan 21, 2019

Get a free consultation with a workers compensation lawyer to maximize your settlement and know all your options.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I was injured at my job and receive worker's compensation at the end can I still receive a settlement and the end my cas
T. Andrew Miller
T. Andrew Miller answered on Jan 16, 2019

Yes you can. Contact a workers comp lawyer for a free consultation about how to get your settlement.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Are W.C. entitled to pay me for lost wages while I am out of work. I have approved fmla an sent to specialist. My

physician has sent me to a specialist. the Specialist advise they do not give work excuse and to go to my primary dr.again, i have proper notation from my dr. of excuse from work. W.C. claim rep says they need it from specialist. i feel they are trying to not pay as it relates to my time out of... Read more »

T. Andrew Miller
T. Andrew Miller answered on Jan 15, 2019

You need a lawyer to handle all of these issues for you, WC is taking advantage of you.

1 Answer | Asked in Employment Law, Workers' Compensation and Business Formation for Georgia on
Q: Workplace bullying.. what do I do?

Okay. So my boss cussed me out yesterday and sent me home and gave me two days off. The “reason” for this is because I cleaned a room, as I am a housekeeper and the vacuum that was provided by the job wasn’t working. I stated this to my boss. Upon inspecting my room, she started yelling at me... Read more »

Mitchell Feldman
Mitchell Feldman answered on Jan 15, 2019

Unfortunately there’s no anti-bullying law. There’s no law that says your employer has to be nice with you and there’s no law that says being mean and nasty is actionable. However when there are specific violations of the minimum-wage or overtime laws changing an editing cards and there’s a... Read more »

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I type all day at my office manager job. Now my wrists are killing me. Can I get workers' compensation for this?
T. Andrew Miller
T. Andrew Miller answered on Dec 4, 2018

Most likely, yes! Contact an experienced Worker’s Compensation attorney for a free consultation so you can know your options.

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.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Do all full time employees qualify for workers' comp or just certain types?
T. Andrew Miller
T. Andrew Miller answered on Oct 25, 2018

Short answer: it's more complicated than that. A lot of terms referring to employment status that are thrown around are sometimes used interchangeably or incorrectly. There must be an employment relationship in order for the worker to qualify for WC benefits, and that is a legal question. In... Read more »

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can we combine FMLA leave with workers' comp?
T. Andrew Miller
T. Andrew Miller answered on Sep 14, 2018

Yes you can. FMLA doesn’t pay benefits like workers comp, it just protects your jon for a limited time while you’re out. Don’t let the employer fool you into choosing one or the other. That’s not how it’s supposed to work.

1 Answer | Asked in Car Accidents, Personal Injury and Workers' Compensation for Georgia on
Q: How many years can a case be reopened after Georgia State Patrol, falsified statement on accident report.....

Motorcycle accident, life flighted

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2018

You can only reopen an injury case if you immediately appeal the dismissal and can show clear error on the Court's part. "New evidence" doesn't allow the civil case to be reopened. But why not consult a member of the Ga Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: What benefits am I entitled to if I slip and fall at my office? Can I take time off of work?
T. Andrew Miller
T. Andrew Miller answered on Jul 5, 2018

The answer is "it depends". More detail would be needed to determine if it's a valid claim. But in general, workers comp pays for medical treatment and income replacement under certain circumstances. It's best to consult with an attorney to know your rights.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can I file a workers' compensation claim against a former employer if the injury revealed itself just now?
T. Andrew Miller
T. Andrew Miller answered on Apr 27, 2018

Yes you can; and the sooner the better. Depending on the facts, you could be entitled to benefits.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Sitting at my desk all day is giving me back and neck pain. Can I make a workers compensation claim against my company?
T. Andrew Miller
T. Andrew Miller answered on Apr 3, 2018

The answer is: probably. Consult an attorney to better understand your options.

1 Answer | Asked in Employment Law and Workers' Compensation for Georgia on
Q: What happens if you are released back to work on light duty but job does not have any work and your checks have stopped?

I have work restrictions and job cannot accommodate. what happens with workers comp? I have been given non FMLA paperwork to fill out to give to my doctor and ask to request for leave contingent leave or authorized. I'm very confused. Will my benefits restart until I am return to full Duty

T. Andrew Miller
T. Andrew Miller answered on Mar 16, 2018

This part of your worker’s compensation claim can get tricky. Worker’s comp should pay benefits if your work restrictions cannot be accommodated, but that’s rarely what happens. Best to consult with a worker’s comp lawyer to fully understand your rights and responsibilities before moving... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Georgia on
Q: Is it too late to sue for a on the job accident that happen in 2008?

In the fall I hurt my back. For 9 years the pain just kept getting worse. I ended up having surgery in Nov.2017. I am still out of work to this day and in jeopardy of losing my job. After the accident they gave me a office job, and I pretty much made my own hours. I'm guessing this was to pacify me.

T. Andrew Miller
T. Andrew Miller answered on Mar 6, 2018

Maybe not. It depends on what has happened in the meantime. Best to walk through it with a workers comp lawyer to be sure. My office offers free consultations.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: My lawyer said I exhausted all my benefits, but I haven't been released from my doctor yet. Can they make me settle?
T. Andrew Miller
T. Andrew Miller answered on Mar 6, 2018

No, they cannot make you settle. Consult a workers comp attorney to get informed and get the best outcome. My office offers free consultations.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: WC said they cut me 2 checks, but they have not called surgeon to confirm surgery. Are they stalling & is my claim

approved?

T. Andrew Miller
T. Andrew Miller answered on Mar 6, 2018

1) Maybe; 2) Probably. Consult an experienced WC attorney for best results. My office offers free consultations.

2 Answers | Asked in Workers' Compensation for Georgia on
Q: I got terminated for non disclosure of a back issue, while reporting a hip/pelvic injury. Can I get workers comp?
T. Andrew Miller
T. Andrew Miller answered on Feb 26, 2018

The answer is going to be a little bit more complicated than just yes or no. If you are being confronted with these issues and terminology at this point, it’s best that you consult with a Worker’s Compensation attorney to ensure the best results

View More Answers

1 Answer | Asked in Workers' Compensation for Georgia on
Q: If the doctor releases me to work with no restrictions would I still be able to receive worker's comp benefit

If I was to return to work without restrictions would I still be entitled to my workers comp benefits while still being treated under that doctor

T. Andrew Miller
T. Andrew Miller answered on Feb 13, 2018

Workers comp will cut off your weekly checks if your doctor releases you to unrestricted duty work. If you get released to unrestricted duty work and you don't agree with that, your best bet is to retain a lawyer who can advise you of the best way to proceed.

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.