by Jonathan Smith
As a partner with Morrison & Hughes, handling workers’ compensation claims, I often hear from injured workers who call me because their weekly workers’ compensation check is late, missing, or totally denied. What can be done about a late or missing check, and how can an injured worker avoid losing out on these weekly “indemnity” benefits? How long does a hurt employee wait before googling “work accident attorney near me!”
After an accident occurs in the workplace, several thoughts might start running through your head. Did anyone see that? Was that my fault? How did that happen? Who should I tell? Asking yourself these questions is definitely the right thing to do, but a workers’ comp attorney would caution you to do one critical thing first: Report it.
If you have had an accident at work but do not follow the correct reporting steps, you could lose your workers’ compensation claim and not be compensated fairly for your injuries.
Depending on the nature of your accident, you may have multiple legal actions. This is good, because there are times when you can effectively “double dip” on your recovery. The first legal action is against the at-fault party in your car or trucking accident (i.e. the negligent driver). The second legal action is against your employer’s insurance company for Workers’ Compensation. With the help of skilled workers’ compensation lawyers, you will be able to better navigate towards a successful settlement in your workers’ comp and personal injury case.
Most workers’ compensation lawyers will tell you that one of the biggest mistakes an injured worker can make is agreeing to treat at an occupational health clinic. In Georgia, numerous health clinics present themselves as experts or specialists in occupational medicine. Some of these clinics include:
- Concentra (a.k.a. Concentra Medical Center, Concentra Occupational Health,
- and Concentra Urgent Care);
- S. HealthWorks;
- Nova(a.k.a. Nova Medical Center);
- Caduceus (a.k.a. Caduceus Occupational Medicine and Caduceus USA); and
- Occupational HealthworX.
With the constantly evolving situation of COVID-19, there have been a few hot topics in the workers’ compensation system related to the Coronavirus’ effect on workers compensation in Georgia. To keep everyone informed and in on the conversation, we’ve gathered these topics and questions in a helpful Q&A format. For each question, we have also provided an expert tip from our workers’ compensation lawyers, which may help you deal with that issue.
https://morrisonhugheslaw.com/You’ve just been involved in a work-related automobile accident and have sustained a serious injury. As frightening and traumatic as this experience can be, it’s not unusual for your job to be the first thing you think about. Your natural instinct may be to contemplate your job security and how you are going to support your family.
If you filed a workers’ compensation claim only to be denied by the insurance company, you may feel like giving up. While it can be frustrating to face a denial, there are steps that can be taken to preserve your claim through he help of a workers’ comp attorney.
The workers’ compensation lawyers at our Marietta, GA office offer these important steps to follow to ensure your workers’ compensation claim is maintained.
What rights do I have when a doctor writes something false or hurtful in my medical records during a workers’ compensation claim?
CASE: Jasarevic v. Foster, A15A2218 (citation pending), decided January 26, 2016.
Mr. Jasarevic was injured at work, and the State Board of Workers’ Compensation determined that Dr. Foster would be his authorized treating physician. An authorized treating physician (“ATP”) has a lot of power in a workers’ compensation claim, because the ATP is allowed to make decisions about whether an injured employee is able to work, what treatment the employee can get, and whether the employee can be referred to other specialists. The ATP also shares his or her notes with the insurance company in most situations. So, whatever the ATP writes about your case in his medical notes has a huge impact on the care and benefits that you get. If you suspect your doctor is working in favor of the defense, don’t hesitate to call a workers’ compensation lawyer. Continue reading
Ask the Expert recently interviewed our very own Tristan Morrison about workers’ compensation. In this 17 minute podcast, Tristan discusses what claimants, and even other lawyers, need to know when they’ve had a work accident or what to consider when representing a claimant. Click below to learn what to do when you have an accident, how to properly and timely report your work accident, and what medical and income benefits you are entitled to from your Employer. Continue reading