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I injured my shoulder on the job. Do i have a case against my company. They kept me out for 3 weeks after the injury

Marietta, GA |

Got hurt while cranking landing gear on semi trailer up so my truck could hook to it. Pulled shoulder and felt muscle drop. Called safety to let them know. Safety said they would find me an urgent care once i got to dallas,tx never did i drove for 3 more weeks with the pain. Finally got home on the 26th of oct saw my first dr on oct 28 and then saw a real dr on halloween day.

Attorney Answers 8


  1. 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.

    Greg Pope
    770-786-1095

    Greg Pope is licensed to practice law in the State of Georgia and nowhere else. This post is intended to provide general information only about questions arising under Georgia law. Our firm does not intend to represent anyone desiring representation in a state where this website fails to comply with all laws and ethical rules of that state. No recipient of content from this site, client, whether current or otherwise, should act or refrain from acting based on information at this site. The Pope Law Firm expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site. Note: Nothing in this website creates or establishes an attorney-client relationship.


  2. You do have a workers' compensation case. You will not be eligible for lost wage benefits for the first three weeks because you did not have lost wages. You are right that they should have sent you to the doctor sooner. However, you do not have a cause of action against your company because of that. If you are out now, you will be eligible for benefits 21 days from when you first stopped working. I hope you are getting regular medical care now.

    Tom Holder
    404-523-6100


  3. Yes, you do have a case. You are entitled to medical treatment; if your Employer had a proper panel and followed correct procedures, you are entitled to a doctor on their panel. If they did not, you are entitled to choose your doctor. You may also be entitled in the future to weekly benefits and an impairment rating. Feel free to call me for a free consultation .

    Laura Lanzisera
    (404) 262-0600


  4. Based on the information provided, you do have a claim for workers compensation benefits including lost time payment and medical benefits. If your employer didn't provided medical treatment for almost 4 weeks and has not paid you for being out of work, your best bet is to hire a workers comp attorney to protect your rights!

    *Attorney Thomas Andrew Miller (678-907-3600) provided this Reply which is intended to be helpful to the Asker and the Avvo Community, but it does not constitute legal advice and does not create any attorney-client relationship. You are urged to seek the advice of an attorney or, in some cases, a tax professional, before taking any action. **Was this Answer helpful? Please click to give the Answer a Helpful Vote or make it the Best Answer!


  5. Yes, it appears you have a claim for medical benefits as well as weekly income benefits. Your employer is supposed to provide you with a "Panel of Physicians" from which to choose a doctor. It appears they did not do that. In those cases you may be entitled to choose your own doctor. You are also entitled to weekly income benefits (which is 2/3 of your average weekly wage for the 13 weeks prior to the date of accident) up to a maximum rate once you are off work for 7 days.


  6. Almost all attorneys that handle workers compensation will meet with you and discuss your possible claim for free. There is no reason not to contact one of the attys here, or near you, and see if they can assist you.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.


  7. Retain an attorney.

    Darrell B. Reynolds,
    Attorney and Counselor at Law
    2385 Lawrenceville Highway, Ste D
    Decatur, Ga. 30033
    404-636-6616

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  8. Hire a WC atty. on a contingent basis to answer your questions and take care of the issues for you.

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.