have been on workers comp. in Ga. for 4yrs.Have had 1 surgery.Work comp.refusing 2 surgeries recommended by Dr. Is lawyer req.?
Atlanta, GA
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Posted 3 months ago in Workers Compensation
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still suffering extreme pain Hydrocodone 120 mg.per day .Now workers comp. says they want to settle but I dont' know what to expect. Can I force them to cover surgeries?Do I have right to negotiate settlement? If I retain legal help; who pays for that help?
Answers (3)Michael J. Helfand
This attorney is licensed in Illinois.
Posted 3 months ago.
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Do not settle without talking to an attorney first. You have the right to negotiate, but an attorney is in a better position to do this for you -- they are used to working with the insurance companies and will have a better idea of what your claim is worth. Also, if your doctor is recommending more surgery, you should pursue that before settling. You will pay for your attorney, but you pay out of the amount you recover. So you shouldn't have to pay any fees upfront. You should be able to get a free consultation, as well. I'm licensed in Illinois, but I know an experienced workers' comp attorney near you. Feel free to call me if you'd like a referral. 1-800-807-9530.
Angel Agustin Figueredo
This attorney is licensed in Georgia and 2 other states.
Posted 3 months ago.
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The work comp insurer is required to pay medical treatment related to your injury and recommended by your doctor that is reasonably required and likely to cure, give relief or return you to suitable employment. You can force the insurer to pay for these but you will need the support of your doctor. However, as they are denying authorization it seems you will need an order form a judge directing teh insurer to pay for teh surgeries.
As for negiatiated settlements, you do not have a right to settle in Georgia. That is the court cannot force the insurer to settle. All settlements are voluntary. But insurers settle cases every day. In Georgia attorneys takes cases on a contingency fee, that is they do not charge you directly, they take a percentage of what the insurer pays on your case. That percentage is established by law at 25% and the fee has to be approved by the State Board. John Michael Parsons
This attorney is licensed in Georgia and 1 other state.
Posted 3 months ago.
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The insurance company can never force you to settle especially when you still have medical procedures that have not been authorized. They realize that they are going to have to pay for the surgeries and are trying to strong-arm into settling for less than full value. You will need an attorney to get the insurance company to approve the surgeries and medical procedures and to also help with the other roadblocks they will try and put up. I used to be an insurance company lawyer so I know their tricks. Our firm offers a free one or two hour consultation and if necessary, we can come to you. Feel free to call at 770-422-9000 but even if you do not call us, please get legal representation. You need the help and they are taking advantage of you when you are down. Sincerely, Michael Parsons
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