I moved from NY to GA work for a company and hurt myself on the job 5mths in. Did therapy and still have pain. Had an MRI, showed a torn rotator cuff 1 cm long in the thick muscle. I need to have surgery done. I have been working along, til beginning of June when I fell. A mat that was beside a bed had urine underneath it, making it very slippery on the floor. Hurt my left knee, I no longer have OT and money is getting tight. I have no family in GA, and would like to go home and get it taken care of. My employer says I can't. I no longer work on the floor, nor am I allowed on the floor. I spent this week downtairs in an office by myself. I just want to go home
I believe you can. You really need to speak to a Georgia lawyer to get things coordinated.
By providing this general answer, no attorney-client relationship has been established. This general answer is distributed for informational purposes only and it should not be construed as a substitution for legal advice.
Unless otherwise agreed upon by all parties, your medical care will Ned to be in Georgia. There are some exceptions, however, you need to retain an attorney to represent you to make the determination if the exceptions apply.
I think you should sit down with a Georgia lawyer before making any move out of state. While what you are asking is possible, it becomes more difficult to coordinate medical care with providers who are not fluent with the Georgia workers' comp fee schedule and processes in this state. My thought is that you might be better served getting the surgery here first, and then, once you have received the medical you need, you could plan on your move back home at settlement time. Again, I'd have a full conversation with a lawyer that specializes in Georgia Workers' Comp before making any moves. Good luck.
The fact that you have a WC claim does not require you to stay in Georgia. Assuming no issues with your claim, and that your injury caused the need for surgery, the employer will have to continue to provide medical care, and other WC benefits you may be entitled to, even if you move to New York.
It is understandable that you would want to be near your family to assist in your recovery after surgery. You just need to be aware of potential issues, make an informed decision, and do what is best for you.
You can, but you will need the guidance of a work comp attorney to make sure that a) an adjuster will respond to your needs, and b) that you end up with a doctor you trust.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline