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Georgia Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Georgia on
Q: I am 65 years old , I was injured on the job a year ago . I worked and drew my social security . i dont

have the medicare part on ss. W/c wants to set aside money . Can I waive that simply because medicare isnt responsible now why would they be responsible for my injury if i needed medical help ?

T. Andrew Miller
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answered on Jun 7, 2017

The short answer is you have to have a Medicare Set Aside because you might be Medicare eligible in the next two years, even if you aren't right now. The fact that you are on Social Security makes it more likely that you will be Medicare eligible, which means that both parties to the... View More

1 Answer | Asked in Bankruptcy and Workers' Compensation for Georgia on
Q: How does my chp.13 bankruptcy effect my worker's comp case if awarded benefits in GA?

What do I do to keep my settlement?

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answered on May 22, 2017

It will probably affect your ability to receive your portion of your workers comp settlement, but the effect on weekly income benefits can vary from case to case.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Is there a statute of limitations on how long after the injury the employer can request a drug test?
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answered on May 22, 2017

Not necessarily, but the longer after the injury the drug test is performed, depending on the drug being tested for, the less effective a positive test would be in supporting a denial of the workers comp claim.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I have worked on concrete floors for over 8 years and now have heel spurs. Is it covered by WC?

Unbearable pain the past two weeks. Podiatrist dismissed as Plantars but xray at urgent shows large fang like spurs.

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answered on May 22, 2017

It's possible that you could get a claim like this accepted by WC. But I wouldn't try it without hiring a lawyer because I would expect the claim to be denied initially.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: In the state of Georgia can one find and start another job while out on workers comp
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answered on May 22, 2017

Except for the narrowest of circumstances, it's illegal to receive weekly workers comp payments while working. Better to settle your workers comp claim and then start working somewhere else. Line up a new job, sure. But don't start earning income at a new job while the weekly checks are... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: does O.C.G.A S34-9-11.1. reserve the right for employer-self insurer to bring subrogation lien mean they will sue me.

walmart 13% diability rating for detached rotator cuff had surgery did not work, nothing left to do. walmart has paid all of mine medical bills and surgery and paid for my time off and paid a weekly permanent partial disability rating of 13%. now wanting to settle for 24999. but has the previously... View More

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answered on May 20, 2017

Subrogation can be very complicated and can, in some circumstances, lead to a lawsuit against the injured worker. If you don't have a lawyer for your personal injury case (or your workers' comp case for that matter), you should get one. That way, you can get advice on how exactly to... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I'm having problems getting my adjuster to get me in to see doctor due to me moving out of town what can I do

I was injured in Jan 2016 doctor put me back to work in May 2016 I'm having problems again with the alkali area once more I move out of state and my adjuster can't seem to find anyone that can help me to be seen by a doctor what can I do pain and swelling has began this has been on... View More

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answered on May 20, 2017

Sounds like you might have a TN claim but under GA law you might be entitled to a new doctor in your area. Contact a TN workers' comp lawyer to find out what your options are.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can I be fired from my job while my worker's compensation case is still open?

I was fired a week before my next doctor's appointment to schedule my surgery to remove metal from my hand.

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answered on May 20, 2017

Except for a few very limited exceptions, there's nothing in GA law to prevent employers from terminating employees, even if they are injured. However, with the help of an attorney, the injured worker can take advantage of the employer's decision to terminate employment under... View More

1 Answer | Asked in Family Law and Workers' Compensation for Georgia on
Q: If the father NCP is paying CS but is out of work & receiving workers Comp. can a mod. for an increase still be filed?

There hasn't been an increase or modification filed since our divorce and he is making a lot more money now, before he went out on Workers comp. or should I wait until he is released to go back to work?

Kelly Case
Kelly Case
answered on May 9, 2017

Assuming both are located in Georgia, and there has not been a previous modification within the past two years or the original ruling is more than 2 years old, then yes, you can file for a modification when the party paying child support is being paid through a worker's compensation policy as... View More

2 Answers | Asked in Workers' Compensation for Georgia on
Q: How much of your wages do you still get on workers' comp?
Michael Richard Moebes
Michael Richard Moebes
answered on Apr 21, 2017

2/3 your average weekly wage, up to a statutory maximum that varies according to the date of accident. See OCGA 34-9-261.

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: Are the workers comp adjusters held liable under Ocga 34-9-19 for having false information on a denial form?

The Treating physician listed on the form was never seen, and the area of the body affected as well as type of injury is wrong?

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answered on Mar 20, 2017

The insurance company can absolutely be held accountable for incorrect filings. Consult a workers comp lawyer to fully understand your rights. My office offers free consultations.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I fell down the stairs at work they didn't x-ray my knee. It has been giving me problems but they say I'll have to go

my primary doctor and they won't cover it why?

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answered on Mar 19, 2017

This is one of many ways employers effectively deny workers comp claims without coming out and saying it. They are representing to you that things work a certain way, when they probably don't, in order to save themselves and at your expense. Consult with a workers comp lawyer. My office offers... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: False information on denial form

My benefits for compensation are being denied until a second opinion is given. However, the denial form had false information on it such as part of the body involved and treating physician are both wrong. I have been out of work for a month due to a neck injury. They claim benefits are being... View More

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answered on Mar 17, 2017

You can win if you hire a workers comp lawyer to represent you. You should at least consult with one asap. My office offers free consultations.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: What to do if workers comp begins paying for treatment, and when the Dr. orders surgery they deny further claims/comp?

I had an injury occur several months ago. At the time I thought I just pulled a muscle, but did the first report of injury just in case. Because we already had 2 of the 5 full time workers on medical leave I saw a doctor and we agreed that if it got worse I would return. A few months later the... View More

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answered on Mar 8, 2017

Unfortunately what you've experienced is fairly common practice in workers comp. Now is the time to consult with a lawyer about this. It's the only way to protect yourself in this situation. My firm offers free consultations.

1 Answer | Asked in Workers' Compensation and Traffic Tickets for Georgia on
Q: If I am represented by a workers comp attorney, can I contact the defense attorney?
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answered on Feb 21, 2017

No, you have to contact your attorney and have him or her contact the defense attorney.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I was hurt on my job in 2015, went to my W/Comp hearing in 2017 without a lawyer and was awarded benefits. However; the

Attorney representing the employer appealed the decision. Do you think I need to seek council to represent me in this appeals process?

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answered on Feb 10, 2017

Absolutely. Continuing the case without an attorney would not be wise. Congrats on being awarded benefits but you should at least consult with a workers comp lawyer. We offer free consultations

2 Answers | Asked in Workers' Compensation for Georgia on
Q: Year long workers comp case. Been in the settlement process for the past 2 months but my injury is starting to flare up

My injury was a lower back injury that kept me out of work for 9 months (9 months of physical therapy and a spinal injection). Everything seemed ok but I've been getting similar pain and I'm not sure if it is something to be worried about or not. For the past few months I started to feel... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 29, 2016

Some edpidurals do the trick, some need to be repeated. You want to bring this to the attention of your attorney.

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1 Answer | Asked in Medical Malpractice, Personal Injury, Employment Law and Workers' Compensation for Georgia on
Q: If a workmans comp company gave false information about treatment for a injury and that injury later resulted in another

Do they have to pay for the current treatment or previous as well. I fell in July they wrote knee as the body part injured in report I was diagnosed with sprain sacrum in my back and was told a follow up wasn't available for my knee not back now I've been hurt again and have sciatica... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 11, 2016

Contact a member of the Georgia Trial Lawyers Assn who handles comp cases--they give free consults.The employers report of injury isn't as important as what the doctor said that you followed up with for each case. You did follow up with a doctor, right? If not you may still have have a claim... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: IF AN EMPLOYEE IS SEEKING PAYMENT UNDER WORKERS COMPENSATION, CAN THEY CHANGE THE TREATING DOCTOR WITHOUT FORM WC-200b/
Peter N. Munsing
Peter N. Munsing
answered on Aug 26, 2016

Believe this is a duplicate post. Consult your attorney.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Settled June28 aproved by a judge Aug 8 when should I get my money
Peter N. Munsing
Peter N. Munsing
answered on Aug 26, 2016

Talk to your attorney. Generally there is a 5 week or more lag for final comp payments.

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