I fell on a wet floor at work. (No "wet floor" signs up) I have filed all the workers comp forms with my employer and have seen a doctor for the injury (which MAY require surgery). I have six days of sick leave.
Generally speaking, you will be given an option. Sick leave usually pays more but is "exhaustible" meaning you will run out of it. Worker's Comp. LO N G Time to exhaust. Further, it is a principle behind Worker's Compensation that a worker does not have to fund his lost time, it is funded by the employer. When you use your sick leave you are funding your lost time. Of course since the "waiting.period" In workers comp the means you do not get paid for the first week of lost time, unless you have a total of at least three weeks of lost time, if you insist on Worker's Comp. for the first week and then don't miss three weeks, you will never get paid for the first week. But again, generally speaking, if you were going to have surgery, I would not use sick leave at all. It would likely be best in this case like in so many others to consult with an attorney who limits his or her practice to Worker's Compensation matters in Georgia.See question
My boyfriend is an EMT and while lifting a patient, his back gave out and collapsed. They had to have another rig come and help get him back to their station house. Once there, they tried to get ahold of the manager to see how to handle the situat...
No. there is an Emergency treatment exception. It allows you to get any treatment that is reasonable and necessary. Go to the Emergency room and get treatment and then follow up with the comp authorized treatment. Allow yourself to be tested for illegal drugs.
The manager is either stupid or just blowing smoke or perhaps a little bit of both. But it's a warning sign… Send bill for the emergency room to the employer and retain a copy for yourselves., and make an appointment with an attorney from this List TODAY! With holidays coming, you can ill afford to let a stupid or ill informed manager get in the way of your health
I injured myself(pulled something in my sternim) at work in September, I have been on "light duty" ( the jobs version of it). I haven't made any real progression. The workmans comp. doctor is an hour from my house so I went to the emergency room o...
As you probably know, Georgia is an employment at will state which means that you could be fired at anytime for any reason or no reason at all. So the no call no show, whatever your reason for it, has certainly jeopardized your continued employment. From a legal standpoint, the mere fact that you get terminated does not extinguish your employers obligation under Worker's Compensation. However; being terminated for cause, which is what a no call no show is likely to provide, can cause you difficulties in the Worker's Compensation case. And you can't just go running to unemployment because you must say to unemployment that you are ready willing and able to do light duty work only. You are in a difficult situation and it would be wise to consult an experienced workers compensation attorney. You may want to make that call early Monday morning if you are not scheduled to work later in the day. If you are scheduled to work early in the day you may have to go to work and take your lumps. Above all you should not be aggressive or confrontational when you go into work Monday, after all there is always the chance that they will only give you a warning. It is a virtual certainty that if you fail to report to work as scheduled that you will lose your job. Whatever happens Monday, you should consult with an experienced workers compensation attorney about your rightsSee question
First time going this an dont want to be taken advantage of. Age 45. Delivery truck driver.
Doctor's opinions as to disability ratings frequently vary though they are supposed to be tied to the American Medical Association's Guide to the Evaluation of Permanent Impairment (5th Edition) and require some rather specific findings. The reasonableness of the rating also will depend whether it is a rating to the lower extremity or the body as a whole, though it sounds low either way. The best thing to do would be to obtain an attorney who can schedule an independent evaluation for you and see if the first doctor was correct or just being a shill for the insurer. Even if other people tell you that the rating seems low, you will need a medical opinion to back up your belief. You will need an experienced workers compensation attorney.See question
My foot got broke in two places while on the job. They just sit me in a chair with paper to write down when they doff a machine. They won't pay me for loss time when I have to leave early to go to the doctor. It's really hard for me to get around ...
They can make you work or do what they're doing, but if the work injury causes you to be making less than you were averaging before you got hurt in terms of your weekly wage, you are entitled to compensation. If the only time that you are missing from work is for doctors appointments, it might require a bit of a fight; but I am of the opinion you CAN obtain temporary partial disability when your only wage loss is to attend doctors appointments with the authorized treating physician. Talk to a WC attorney familiar with litigating average weekly wage and temporary partial disability issues.See question
I work for the GDOT. I was injured on the job and now am being told due to my injuries I wont be able to return to work. I am looking for a lawyer with experience in dealing with DOAS and winning.
Not all attorneys that you might converse with are primarily concerned about the attorneys fee. There are many good attorneys who represent injured workers who know how to handle cases and wring value out of them even if the employer or insurer professes to be unwilling or unable to settle. When you find an attorney who is appalled or disgusted at the way you have been treated, you will have found an attorney who is likely willing to represent you without worrying how he or she is going to get paid later on. He or she knows he's going to get paid later on, he or she just needs to figure out how. Good luck!See question
I have osteoarthritis in both knees and have a hard time standing or walking for more the 5 minutes. I suffer from chronic pain and daily muscle spasmsin my knees and legs. I haven't been to a doctor often because I have no insurance and the times...
How long has it been since you were regularly employed, how old are you and how much education do you have? What is your usual line of work? Are you looking for a lawyer for Social Security Disability or something else?See question
I suffered a herniated disc at work and my workers comp was denied. My employer didnt report the incident and they never offerred me medical treatment. They wouldnt allow me time off to seek medical treatment. After it was officially denied be...
There is no way to tell you what your case is worth without tons more information. The value of a WC case depends on the severity of the injury, your pre injury average weekly wage, the likelihood of winning in court etc. Then there is the question of whether you have surgery, how you recover from the surgery, who pays for it and what sort of permanent restrictions, if any, you have. You can and should ask your attorney how much they want to ask for and how they came up with that number. You also need a good idea of where you are medically and a plan for addressing your medical needs (if they are not going to be met before the injury) after settlement. Settlement is always great, but a WC case NEVER pays enough that you will never have to work again, so there needs to be a plan for what comes next in your life after settlement. Good Luck!See question
If a workers comp case has been heard by a judge and the outcome was not in you favor. But the attorney you had was less willing to help after court so you release them off the case. Why is it so hard to find another attorney. I spoke with worker...
The threshold question is going to be whether the judge found that you had no accident, had no injury or were not disabled. If the findings are against you on the issues of accident and injury, it will be much harder to turn the case around. If the judge found that you had an accident, got hurt but could not prove you were disabled, you may be now able to prove you are disabled. You should find someone quickly who handles a lot of WC cases and does not mind being the second or later lawyer. You have to be very careful about credibility as you are likely to appear before the same judge in any subsequent hearing. A judge who has already decided you are not beliveable is not likely to change his or her mind.See question