Skip to main content
Brady Martin Larrison

Brady Larrison’s Answers

5 total

  • If i request a settlement with WC and seek my own treatment, will that result in termination from my job?

    If I request a settlement with WC, will my employer have the right to terminate my employment?

    Brady’s Answer

    In Georgia, the WC insurance carrier of the employer will often require that you sign a letter of resignation in order to settle out your claim. This letter of resignation is different from a termination. While this letter of resignation is not always required, having to sign this letter with your settlement paperwork is now the normal procedure for the WC insurance carriers and employers.

    It is important that you consult an attorney, if you do not already have one, in order to protect your rights. If you do have an attorney, then you should discuss this matter with him/her.

    See question 
  • Do I need a attorney? I got hurt on the job. Dr released me to regular duty .got leg hurting again now what do I do.

    hurt September 18. Set down job until .dr said no walking at all .A 1500 pd unit fell from a overhead crane a hit my left knee.Badly bruise and major swollen. Swollen went down alot .dr.released me dack to full duty. Two weeks later I got laid of...

    Brady’s Answer

    I agree with my colleagues above that you should hire an attorney ASAP. An important initial issue that an experienced attorney can do for you is to investigate the panel of doctors that every employer should have posted at his or her place of employment.

    See question 
  • Should I seek Legal Representation my Worker's Compensation reps wants to settle

    I was injured at work in 2008 neck and shoulder and had several procedures, injections, mri's, scans and also trigger points nothing has work

    Brady’s Answer

    I agree with the above attorneys that you should definitely seek out a workers' compensation attorney. Always remember that, when negotiating with workers' compensation insurance companies, they will be looking out for their own best interests and not necessarily what is best for you. This is why seeking the advice from an attorney is very important.

    See question 
  • In a workers compensation claim what money am I allowed to recover?

    Injured at work

    Brady’s Answer

    The very quick answer to that is, under Georgia's workers' compensation laws, you can recover Temporary Total Disability (TTD) benefits, Temporary Partial Disability (TPD) benefits, and Permanent Partial Disability (PPD) benefits. All of these benefits are to be paid out weekly, unless you reach an agreement to settle on a lump sum basis. You can also recover any and all unpaid medical bills you have incurred as a result of your on-the-job injury. Likewise, you can also receive mileage reimbursement for your travels to and from the doctors' offices; Georgia law allows you to recover $0.40/mile.

    You may not receive both TTD and TPD benefits at the same time, and you would not receive a PPD check(s) until (presumably) you have completed treatment with your workers' compensation doctor. The amount of your weekly check is dictated by your average weekly wage. When your authorized treating physician takes you out of work or restricts your work duties, you then can become entitled to a weekly TTD or TPD check depending on how long you are out of work. Your weekly check will generally be 2/3 of your average weekly wage. However, in Georgia, your TTD weekly check cannot exceed $525.00/week and your TPD check cannot exceed $350.00/week, if you were injured on or after July 1, 2013. If you were injured prior to July 1, 2013, then the most you could receive on your TTD check would be $500.00/week, and the most you could receive on your TPD check would be $334.00/week.

    Georgia law has many special caveats about how much your weekly check is, when you get it, and whether you are entitled to a weekly check. Make certain to consult an attorney for more specific questions.

    See question 
  • Hurt on the job and put on light duty. Fired because I couldn't perform what supervisor wanted. Can i sue? What should I do?

    Injury happened 1 month ago. Dr. put restrictions that i could do office work only. Boss fired me because I wouldn't do shop related work.

    Brady’s Answer

    Unfortunately, Georgia is an "at-will" employment statement, and this means that your employer can terminate your services for almost any reason he/she sees fit. Nevertheless, if the reason for terminating you deals with some type of discriminatory matter, then you should consult a labor and employment attorney.

    In regards to your workers' compensation question, you do have legal recourse to collect WC benefits based upon your termination while on light-duty work restrictions from a workers' compensation doctor. A few crucial issues exist, however. First, did your employer actually receive your work restrictions from your doctor? Though it does not happen too often, sometimes work restrictions get lost in between the doctor's office and the employer/WC insurer. The second issue is what your employer actually put on your separation notice for the reason of termination. The final issue is whether you are currently performing what is known as a "qualified work search." This work search can be the difference between you receiving WC benefits and you receiving nothing.

    Though this is not an exhaustive list of issues, it hopefully provides you with some insight into the complexity of the law as it relates to your question.

    See question