There may be issues of liability or causation that only an attorney could help you with. You should stop talking to the insurance company and hire an attorney to assist you. Choose an attorney with experience and with whom you feel comfortable.
First, let me say that I am sorry for your loss. Any life lost is a tragedy, but that is especially true when a child dies. As for insurance coverage, there is a statute in Georgia that requires an insurer to disclose limits of coverage. You should inquire about liability limits, umbrella coverage and should even look to your own uninsureed/underinsured motorist coverage if you had that coverage. You should probably speak to an experienced attorney to also see if there are any other parties...
It sounds like you need a change of authorized treating physician. If work hardening isn't working, and if fact, is causing you signficantly more pain, you may want to find a doctor who will actually listen to you. There are several ways to go about obtaining a change of physician, most of which require litigation. If you would like to discuss this matter further and how we could help you get to a new doctor, please feel free to contact me.
Generally speaking, mere ownership of the property does not make you the statutory employer of the employees of your tree service. However, if you supervise the workers and act in some way as the general contractor, you could be considered the statutory employer. If you are the statutory employer, you could be liable for a work injury. if you are not the statutory employer, I think you are safe from WC exposure. I think the risk probably very slight to you here unless you intend to actively...
Yes, you have a case. Your employer is required to offer you a doctor from its posted panel of physicians. If they don't have a panel, you get to pick your own doctor. If you would like more information about selecting a physician and obtaining treatment, please feel free to call me.
They are most likely alleging that you are failing to cooperate with the medical treatment being provided by the authorized treating physician. It is important that you attend all of your doctor's appointments, physical therapy appointments and the like. If you do not think your doctor is helping you, there are several ways under the law that you can try to get evaluated and possibly treated by another doctor. Feel free to give me a call if you need assistance. Thanks, Greg Pope
In order to "file a workers' comp case" in Georgia, you must file a Form WC-14. You have up to one year from the accident date to file a Form WC-14 with the State Board of Workers' Compensation. However, if you received medical treatment for your injuries, you have up to one year after the date of the last payment for that medical treatment to file the WC-14. If you received TTD or TPD benefits, you have two years from the last payment of those benefits to file a WC-14. Filing the WC-14...
Your question seems very simple on the surface but is actually rather complicated. In injuries that arise outside of the state where you work, choices of venue and jurisdictional issues often turn on very specific facts. Please feel free to call me for a free consultation. Thanks, Greg Pope 770-786-1095