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Georgia Workers' Compensation Questions & Answers
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
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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... View More

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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?

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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.

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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... View 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.

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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... View 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... View 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.

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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

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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... View 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.

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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.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I am the General Manager for a restaurant and was on my way to do the bank deposit and got rear ended. is this a workman

is this a workers comp case

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answered on Sep 4, 2017

Employers and workers comp insurance companies have a lot of wiggle room when the accident did not take place on the premises. You should be able to eventually get this case accepted under workers comp...it will be much better for you if you retain a lawyer to pursue it. You also have a case... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: If I am on workers comp for a back injury, can I still use my company car and my company paid gas card?

I do own my own personal vehicle.

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answered on Sep 1, 2017

That's up to your employer. Issues like this are technically separate from your workers comp case, in most situations. I'd guess that how long they allow you to use the car/card depends on how long you are out on workers comp.

1 Answer | Asked in Employment Law and Workers' Compensation for Georgia on
Q: Do I have a legal basis to sue if I was fired on my first day at Subway? Is my future resume tarnished by being let go?

I'm 16 and I live in Powder Springs, GA. I was recently hired by Subway and worked there for about 2 hours. I was supposed to work the evening shifts, but after i finished my first day, I got text messages from the man who hired me saying not to come in anymore because a girl, who was moving... View More

Mitchell Feldman
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Mitchell Feldman
answered on Aug 13, 2017

unfortunately, as an employee at will your employer can fire you for any reason. In this context, I would move on.

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... View More

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answered on Aug 3, 2017

There are different limitations periods for different circumstances. Your best bet would be to consult an attorney, who will have a bunch of questions for you about the situation and hopefully can put together a plan for you. My office offers free consultations.

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1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Collections for Georgia on
Q: I went to Little Rock Arkansas the week of June 19-25 I was supposed to get paid on July 10 but didn't. Now it's the 28

My company told me to go to Arkansas to go help out and I would get 10 dollars a hour for traveling fee and 12 dollars a hour for working there and I was supposed to get my money on July 10th so I could have my rent paid. I worked 72 hours and have a copy of my time card. It's the 28th now and... View More

Mitchell Feldman
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Mitchell Feldman
answered on Jul 29, 2017

If you have exhausted efforts with company Hire an attorney to recover the wages. Simple as that. The money is owed under simple contract and Flsa does provide some basis for recovery

1 Answer | Asked in Traffic Tickets and Workers' Compensation for Georgia on
Q: I was traveling down Highway 80 turning on 21 in Garden City and I slow down to make the left turn the container tilted

And pull the tractor over onto the guardrail the container was loaded by the warehouse stating 52,000 lb when it was investigated it was over 90,000 lb. I was cited for failure to maintain Lane also striking a fixed object and too fast for conditioning. How can I beat those tickets in court because... View More

William C. Head
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answered on Jul 24, 2017

First, you need to be talking to a lawyer, now.

Call Doug Andrews, in Savannah. He is highly experienced, and understands CDL license issues. 912-236-3020

Tell him William Head sent you.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can I sue my company for not giving me a second opinion physician option?

I got injured in the workplace and the physician that attended me put me on light duty, even though my company is a Heavy Duty Company only. I never felt comfortable with the physician I got assigned to, and after the doctor gave me a clearance letter I asked the company if I could get a second... View More

T. Andrew Miller
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answered on Jul 18, 2017

Yes you can take legal action to enforce your rights under workers comp law - your second opinion being one of those rights. Contact a workers comp lawyer to discuss your options. My office offers free consultations.

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.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I got injured at work.and got a form to fill out and it asked of any preexisting conditions. Do i have to disclose it

It was a year since it was treated ,only with meds .the exam and diagnoses was 3-4 years ago.from a different dr in a different state.

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answered on Jul 11, 2017

The short answer is yes, you should always be truthful in communicating with your employer about issues like this because it can only come back to haunt you later if you try to hide something. Workers comp insurance companies have access to information about medical treatment across the country.... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: If I'm unable to handle working at my current job while on worker's comp and quit my job, do I forfeit any benifits?

Injured August last year, surgery wasn't approved until January. Was supposed to be out for 12 weeks to recover, sent back to work after 6 weeks. Even light duty at current job has been unbearable. Thought last doctor visit that I would be cleared for full duty and the case closed so I had... View More

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answered on Jun 19, 2017

Based on your description of the situation, you'd probably be leaving a good bit of money on the table if you were to quit now. Best thing would be to consult with a workers comp lawyer to help you get through out of this quickly and with the most money in your pocket possible. My office... View More

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