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Georgia Workers' Compensation Questions & Answers
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?
T. Andrew Miller
T. Andrew Miller answered on Feb 12, 2018

Get a free consultation with an experienced worker’s compensation lawyer so you can make sure you don’t leave any money on the table!

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: WC stopped sending checks & Job never placed back to work. Recently got IME, & diagnosed with 6 painstaking conditions.

My job has not brought me back, they have been waiting for somewhere to place me since November. Being that was 3 months ago, I have been living off of my savings and ultimately struggling to make it while living in pain. I am having a hard time finding work due to the pain. And the stress of not... Read more »

T. Andrew Miller
T. Andrew Miller answered on Feb 5, 2018

There are many ways WC can suspend weekly checks. The law does require that they meet certain requirements before doing so...however, in any particular situation you have to know your rights and responsibilities under the law so you will likely need to retain a lawyer to get the checks turned back... Read more »

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... Read more »

T. Andrew Miller
T. Andrew Miller answered on Jan 31, 2018

The answer is: "it depends". I would need a lot more info about what happened. But I can tell you one thing: if there's any question, the employer and insurance company are going to resolve the issue against you, so you should consider talking to an attorney. My office offers free consultations.

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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... Read more »

T. Andrew Miller
T. Andrew Miller answered on Jan 17, 2018

Most workers comp attorney fee contracts provide a process, consistent with Georgia law, for an attorney who no longer represents an injured worker to petition the SBWC for attorney fees out of the settlement. Ask the lawyer you’ve consulted with to explain the process to you and make your... Read more »

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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.

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can I chose my own Doctor, surgeon or physical therapist when filing a work comp claim in the state of Georgia?

I am wanting to use a PT that i have been told is not in the network.

T. Andrew Miller
T. Andrew Miller answered on Jan 9, 2018

In some situations, yes. Consult an attorney to best handle your claim in all aspects. My office offers free consultations

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I'm not sure if my doctor is being honest

I went to a doctor appointment when I left they gave me a paper that said out of work continue therapy 4 weeks. Then workers compensation called me saying the doctor sent them a document saying I can return to work on lite duty. After asking if they could provide transportation since I don't... Read more »

T. Andrew Miller
T. Andrew Miller answered on Dec 15, 2017

It's best to consult with an experienced workers comp lawyer about this situation, so you can know your rights and responsibilities. My office offers free consultations.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I recently had a slip and fall at work. I have been hurting since and asked the G.M. to not schedule me doubles.

I did not file a workman's comp claim, although I did report it immediately to the manager on duty, and the G.M. was there and offered me an ice pack and ibuprofen. When I asked him to not schedule me doubles, he laughed at me. I told him I've been hurting and doubles are almost... Read more »

T. Andrew Miller
T. Andrew Miller answered on Dec 12, 2017

You can still file a claim. It's not too late to make this right. Yes you should go to your doctor if they won't set you up with a workers comp doctor. You may want to consult with a workers comp lawyer on this for best results. My office offers free consultations.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can I change orthopedic doctors.

Injured my dominant left hand & wrist. Ortho doc wants to send me back to work.no restrictions. However while under the Dr. Care will I still receive my workers comp benefits

T. Andrew Miller
T. Andrew Miller answered on Dec 9, 2017

In most cases, yes you can. I almost always recommend a second opinion. Consult a workers comp lawyer to find out your options. My office offers free consultations.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: In Workers Compensation Law when does the injured employee receive notice of termination of benefits ?
T. Andrew Miller
T. Andrew Miller answered on Dec 4, 2017

That usually means your doctor has released you to return to work, but you need to know what your options are now depending on the circumstances. Consult a workers comp lawyer. My office offers free consultations.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: When I return to work, I'm told light duty. I was told by the HR that there will be nothing I can do. What do I do ?

I am a marker for a convertible top company. I developed Impingement syndrome from all the lifting,and repetitive movement I do. I am receiving workers comp. Have seen a Orthopedic Surgeon. He was very rude and told me if I thought I couldn't do my job once he released me, hat I should... Read more »

T. Andrew Miller
T. Andrew Miller answered on Nov 30, 2017

The best way to get through the workers comp process with the best outcome is to consult with an experienced workers comp attorney. There’s a lot that you need to know about what your rights and responsibilities are. My office offers free consultations.

1 Answer | Asked in Employment Law and Workers' Compensation for Georgia on
Q: I was team driving a semi. The driver went off the road while I was asleep in the bunk.

I had previously expressed my desire to get off the truck with this particular person and a week later we crashed. Do I have a case for them keeping me on the truck with her?

T. Andrew Miller
T. Andrew Miller answered on Nov 10, 2017

Yes you may have several types of claims for compensation. You should consult with an attorney familiar with both workers comp and motor vehicle liability law. We will be glad to provide a free no-risk consultation.

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.

T. Andrew Miller
T. Andrew Miller 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.

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... Read more »

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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.

T. Andrew Miller
T. Andrew Miller 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... Read more »

1 Answer | Asked in Contracts, Wrongful Death and Workers' Compensation for Georgia on
Q: If I have a pending disability case, is it illegal for my my job to deny me workers compensation. When I got injured ?

I am hurting still

Peter N. Munsing
Peter N. Munsing answered on Nov 3, 2017

Not sure why you think it would be so. To get either you have to show you can't work. For Comp you have to show the injury is from work. For disabilty the reason doesn't matter but you may have to be unable to do any work not just your old job.If you don't have a lawyer at least get... Read 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.

T. Andrew Miller
T. Andrew Miller 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

T. Andrew Miller
T. Andrew Miller 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... Read 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.

T. Andrew Miller
T. Andrew Miller 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.

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