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Georgia Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Georgia on
Q: Hello, if an employee is under worker comp, can they doctor shop at will, without completing form WC200-b?

We have an employee who fell on the job and at the time we did NOT have workers comp insurance, however we paid the bills. She refused to return to work even though she was given a release to return. She started going from one doctor to the other running up all kinds of medical bills and now wants... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 26, 2016

You want to check with your lawyers. You can't not pay for comp then say "we want the protections the comp system offers employers." Some states handle that by having a state fund. You really need to sit down with your attorney for this and exposure reasons.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: How to stop workers compensation proceedings and depsoitions until I get an attorney

I am an RN injured on the job with a Workers Compensation case pending in Savannah, Chatham County. After questioning my prevoius attorney about the handling of my case he withdrew. How do I postpone or stop proceedings and depositions from being taken from opposing counsel until I can secure an... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 8, 2015

File a motion for continuance with the court or WC tribunal.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Been out of work 22 days for a broken hand. I need some direction on what to do.

Upon going to the doctor he put me on light duty despite me still having pain. The doctor didn't provide any pain medication during the visit. Being that the only light duty is computer work, I advised my workers comp advisor there is no way I could perform that work. During my injury the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 2, 2015

Did the hand get broken at work? You did not say. Have you considered talking with an attorney about this?

1 Answer | Asked in Workers' Compensation for Georgia on
Q: If i have a hearing already set because work comp wont let my IME dr do surgery can i change my mind?
Henry Barnett
Henry Barnett
answered on Jun 24, 2015

Do you already have an attorney? If not, you can always withdraw your hearing request by notifying the judge who is assigned to your case. Generally, IME doctors are authorized only to do an evaluation. If you want the IME doctor to become your treating physician, you either need to have the... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I worked for ga department of correction can I sue the state I was hurt at work and deem catropac and can notw

Work I have been on workers compensation for seven years

Henry Barnett
Henry Barnett
answered on Jun 24, 2015

Unfortunately, if you were injured on the job while working for the State of Georgia, your only remedy is workers compensation. You cannot sue your employer, or the State of Georgia.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can I request to see the judge concerning my workman comp case?

I injured my back at work in 2012 in the beginning I was seeing doctors in the past for over the last 1 yr I haven't seen a doctor. I've been requesting to see a doctor due to the pain in my hips and just recently I just found out the pain is coming from my SI joint. Is it possible to... View More

Kirby G. Smith
Kirby G. Smith
answered on Jan 27, 2015

This is a question you should ask your attorney.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: My attorney requested a deposition for my work comp case. Should they have requested mediation instead of a deposition?

I was injured on the job with the State of Ga. The Doctor put me on light duty and my weekly benefits terminated. My attorney requested a deposition, which has taken 8 months. Should they have filed for a mediation hearing, since meditations are generally scheduled within 30 days of requesting?... View More

Kirby G. Smith
Kirby G. Smith
answered on Jan 12, 2015

You should ask your attorney these questions, and do not hesitate to ask "why" - why is this decision being made, why is this process not being used, etc. Your attorney will likely be able to set your mind at east. If you are not satisfied with the answer, then you should contact... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I fell at work landed on knee. I was sent to a Dr who put me into a immobiler for too long. Therapist says I need surger

The doctor says I need exercise at home.

The doctor never looked at the therapist notes or scans or touched my knee. What are my options

Kirby G. Smith
Kirby G. Smith
answered on Jan 12, 2015

Ask your employer for a list of approved doctors for their plan. In most cases, you have the ability to switch between the doctors on this list. If your employer will not allow you to switch between doctors on their approved physicians list, then contact an attorney to discuss further options.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I have had several injuries in state of ga. I had an attorney who supposedly was representing me for the first injuries

that were about 2 wks apart in 2 consecutive months of 2007. I would later file on my own in 2012. The bd is claiming that the only file date is the 2012 date by me so that claim is outside of stat. Of lim. What can I do?

Kirby G. Smith
Kirby G. Smith
answered on Jan 5, 2015

Contact the attorney you worked with previously to obtain a copy of your client file. You should be able to see from there when/if your previous attorney filed a claim on your behalf. If they did, then you can contact an attorney to explain your potential options to you.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Am self-employed&have on the job injury.What avenues do I have (if any) for Worker's Comp benefits or short disability?
Kirby G. Smith
Kirby G. Smith
answered on Dec 19, 2014

Generally speaking, if you are self-employed, you are considered an "employer" and not an "employee." However, if you have insurance and informed your insurance provider that you wanted to be covered as an employee, you may have options available to you.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: if you withdraw from a WC claim, do you have to pay the fee for your lawyer as well as the other sides lawyer?

is the wc-108b a bill?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jun 9, 2014

You need to review the contract you signed with your workers compensation lawyer. You may have agreed to an hourly rate or a contingency fee. If an hourly rate, then the lawyer can charge for the hours he has worked on your case. If the contract is based on a contingency (meaning a settlement or... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: In a worker's comp case the insurance company says that I must pay for the medical clearance for my surgery. Is this tru
G. Robert Ryan, Jr.
G. Robert Ryan, Jr.
answered on Mar 24, 2014

Generally, the insurer is required to pay for reasonable and necessary treatment for the work injury, if provided by an authorized treating physician or an authorized referral. Your medical clearance may or may not be covered based on the specific circumstances of your case. I agree that it is... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: My classroom is making me sick for the odor that triggers my asthma. Can I file workman's comp?
G. Robert Ryan, Jr.
G. Robert Ryan, Jr.
answered on Mar 18, 2014

Many more details would have to be known in order to know if you might have a compensable workers' compensation claim. However, in general, an aggravation of asthma may be covered by workers' compensation. There is a 2008 case from the Georgia Court of Appeals where a bus driver's... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: How can i research a claim in ga. from 7 to 10 years ago?
G. Robert Ryan, Jr.
G. Robert Ryan, Jr.
answered on Mar 18, 2014

I assume that you are asking about a workers' compensation claim. The records of the State Board of Workers' Compensation are not open to the public. A party to a workers' compensation claim may request records of prior claims by filing a form WC-12 with the State... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: The (Georgia)therapist that was provided by the workers compensation is improperly treating me, how can I change?
Beth Gearhart
Beth Gearhart
answered on Nov 7, 2013

I'd need to know a bit more information but you are entitled to a change in treating physician off the Panel of Physicians. You get ONE change. This sounds like more of a referral doctor so more information would be needed on that.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I need to know why they said they would only pay 62% of my wages. Is this right or not?
Beth Gearhart
Beth Gearhart
answered on Nov 7, 2013

If you are off work due to a work injury you are entitled to weekly income benefits that are calculated by taking 2/3 (or 66%) of your average weekly wage for the 13 weeks prior to your date of accident subject to a maximum of $500 if the injury is before July 1, 2013. This is the law and it's... View More

3 Answers | Asked in Workers' Compensation for Georgia on
Q: I have a worker's compensation case open in Georgia and require surgery. Can I get the surgery in NY State?
Beth Gearhart
Beth Gearhart
answered on Nov 7, 2013

You will need to ask the insurance adjuster handling your claim.

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: If I take a workers comp settlement can they demand my resignation, I just want them to do a knee replacement

I obtained an attorney and workers comp adjuster referred him to an attorney for them. I need a knee replacement but was told that if I go to a hearing then will probably lose my job or if I take a settlement then they will demand my resignation. I do not want a settlement just want my knee fixed... View More

Beth Gearhart
Beth Gearhart
answered on Nov 7, 2013

You have two options if the insurance company is fighting the knee replacement suggestion. You can go to a hearing and let the judge decide or you can accept a lump sum settlement, if that is offered. Typically with a lump sum settlement you will have to resign. I am not sure why you were told you... View More

2 Answers | Asked in Workers' Compensation for Georgia on
Q: I am an employee of fedex ground. I had surgery for a hernia I got while working. Am I entitled to workers comp
Mr. Robert Neal Katz
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answered on Jul 14, 2011

If the hernia was caused by an on-the-job injury, you are entitled to workers' compensation benefits including, but not limited to, medical expenses and lost wages.

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: How many days notice are required for a deposition in the state of georgia?
Mr. Robert Neal Katz
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answered on Jul 14, 2011

If there is no emergency involved (ie: Person is leaving the state), then a person should be given no less than several days notice. Usually, the date of a deposition will be coordinated with the other attorney for a date and time that is agreeable to everyone.

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