WORKERS' COMPENSATION
1. Can I be fired from my job for being hurt?
2. Can I go to any doctor or do I have to go to the "company doctor?"
3. What if I don't like my doctor?
4. Do I have to have surgery if I don't want to?
5. How long am I eligible for benefits?
6. Can my employer make me work even though my doctor says I shouldn't?
7. How will I pay to get to and from all these doctor visits?
8. I don't have a car. How will I get to the doctor?
9. Should I sign "paperwork" from the employer?
10. After I have healed, do I have to go back to my job?
11. Is my employer responsible for retraining me to do another job?
12. What will happen to my health insurance while I'm recovering?
13. Will the insurer pay for someone to help me at home while I recover?
14. Is the insurance company allowed to have me under surveillance?
15. How much money is my case worth?
16. How long before the case is settled?

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1. Can I be fired from my job for being hurt?
In Georgia, we have what is known as a “right to work” State.  Your employer can fire you for any reason that does not violate Federal law, such as being fired because of your gender, race or religion. 
There is also a law under the Americans with Disabilities Act (the ADA) that says that you cannot be fired for your physical limitations and that accommodations must be made for you if you are disabled.  However, this does not mean that the Employer will not fire you after you are hurt.   Many times, an Employer will find a reason to fire an injured worker that is unrelated to his ability to perform the job.  However, entitlement to Workers’ Compensation benefits are unaffected by your termination, if that should happen to you.

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2. Can I go to any doctor that I choose or do I have to go to the “company” doctor?
Your employer should have a panel of physicians posted in a common work area.  You may choose a doctor from the panel.  If no panel is posted at your work place, then you may go to a doctor of your choice.

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3. What if I don’t like my doctor?
You are able to make a one-time change from one doctor on the panel to another.

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4. Do I have to have surgery if I don’t want to?
Absolutely not!  In Georgia the law does not require that an injured worker have surgery in order for the worker to be eligible for Workers’ Compensation benefits.

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5. How long am I eligible for benefits?
If your doctor states that you are unable to work at all, you are eligible for weekly income benefits for up to 400 weeks from the date of injury.  If you return to work at a lower salary because you are unable to work a full work week or have to take a job that pays less due to your injury, you are eligible for benefits for up to 350 weeks.  Medical benefits for treatment related to the injury may be paid over the course of your lifetime.

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6. Can my Employer make me work even though my doctor says that I shouldn’t?
NO.  Your refusal to work is a medical necessity and the Employer cannot cut off your benefits or make you work if you are not able.

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7. How can I afford to get to and from all these doctor visits?
The Employer/Insurer are responsible for reimbursing you for mileage at 40 cents per mile.

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8. I don’t have a car.  How will I get to the doctor?
The Employer/Insurer is responsible for providing transportation to your medical appointments.

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9. Should I sign paperwork from my Employer or the Insurer?
You should never sign anything document that you don’t understand, even if your Employer or Insurer tells you that it will not affect your rights.  It would be best to have an experienced attorney look over the documents to make sure that you are not compromising your rights.

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10. After I have healed, do I have to go back to my job?
This largely depends on what your doctor has to say about you physical limitations.  In addition, in many cases, the Employer prefers that you resign from your job as a condition of settlement.  The answer to this question varies on a case by case basis.

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11. Is my Employer responsible for retraining me to do another job if I am unable to perform at my old job?
This is called vocational rehabilitation which is not required for the Employer/Insurer to pay for unless your injuries are designated as catastrophic injuries.

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12. What will happen to my health insurance benefits while I am recovering?
This depends on the type of health insurance plan that your Employer provides.  It would be best to have an experienced attorney review your plan to advise you on what options are available to you.

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13. Will the insurer pay for someone to help me at home while I recover?
If your doctor says that you need help at home, then the Employer/Insurer are responsible for paying for someone to assist you.

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14. Is the insurance company allowed to have me under surveillance?
Unfortunately, yes.  It is common practice for an insurance company to pay a private investigator to put an injured worker under surveillance to try and prove that the injured worker is faking their injury and is capable of physically doing their job.

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15. How much money is my case worth?
There are many factors that must be considered to determine the value of your case.  These include your earnings pre-injury, your permanent physical disability that resulted from your injury, the cost of any future medical care that you may need and your ability to work in the future.

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16. How long before my case is settled?
This depends on how long it takes you to recover from your injuries.  Settling a case before you recover is never a good idea, unless the cost of your future medical care can be easily determined or the Insurer will agree to pay for future medical care for a fixed period of time after settlement is reached.

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1. Should I give a statement to the insurance company?
You should never give a statement to an insurance company without a lawyer present, if at all.  Typically, there are two insurance companies involved in an accident case.  One company represents the at-fault party.  The other may be your own insurance company.  Your own insurance company may have language in your policy that requires you to cooperate with them in order for your coverage to apply.  This is a good reason to seek the advice of an attorney who is experienced at understanding insurance policy language.

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2. How do I get a copy of the accident report?
The accident report will be made by the investigating officer that arrives first on the scene.  Your report will be produced at the facility that performed the investigation at the scene, be it the Georgia State Patrol or a local police department.  Typically, it takes a few days after the collision for an accident report to be finalized and ready.  If you have trouble getting a copy of your accident report, we can get one for you. 

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3. Should I take pictures of my injuries?
Absolutely!  It is true that a picture “speaks a thousand words.”  Pictures help to prove the severity of your injuries.  Some injuries can be photographed with a simple camera.  Others require a professional photographer.  We work with a professional photographer that specializes in photography for use in negotiations and at trial.

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4. I don’t have any health insurance.  How will my doctors get paid?
This happens to many of our clients.  There are some doctors that are sympathetic and will agree to treat you on a lien.  This means that the doctor will agree to provide medical treatment for you and will be paid from settlement funds at the time of settlement.  We will work closely with your doctor to help you in any way that we can.

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5. The person at fault does not have any insurance.  What do I do now?
You need the help of an experienced attorney to determine if there is other insurance coverage available to you.  Many times, it appears that no insurance coverage is available, when, in reality, there is other coverage.  Do not trust the insurer to inform you of coverage that may be available to you.  Insurance companies are only concerned with their bottom line: profits.  They are not willingly going to inform you of additional, available coverage.  Contact our office and let us find out the answer for you.

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6. What do I do about losing time from work?
This is part of your damages.  We will work closely with your Employer to determine your actual monetary loss.  Even if you use your vacation time or sick pay, that is a loss to you and we can convert it into a dollar amount in order for you to recover your loss.

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7. I owe more money on my car that the insurance company says that it is worth.  What do I do?
Please contact us so that we can see if you have what is called “GAP” insurance that may cover the difference in the “book value” of your car and what you owe to the company that financed your car.   Even if you do not have “GAP” insurance, your loss is part of your damages.  An experienced attorney can help you to recover that loss.

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8. How much money is my case worth?
This is always a difficult question to answer at the beginning of your case.  The value of your case is determined by several factors, including the severity of your injuries, the permanency of your injuries, your lost time from work and how your future is going to be affected by your injuries.  One thing that we pride ourselves on is that we consider your case as just that:  YOUR case.  We will communicate with you every step of the way regarding settlement offers and our opinion in regard to the value of your case. 

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9. How long before my case is settled?
This depends on many factors.  Generally, it is never a wise idea to settle a case before you have recovered from your injuries.  In Georgia, the Statute of Limitations is two years for a personal injury case.  This means that you must have settled your claim or have filed suit on or before the two-year anniversary of your injury date.  Generally, it is time to begin negotiations to settle your case when you have been released from your doctor’s care.  If your doctor determines that your medical care will be ongoing, we will work with your doctor to help us understand the medical care that you will need in the future so that we can begin negotiations without delay. 

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10. Do we have to go to court?
Not necessarily.  Sometimes, cases are able to be settled through negotiation or mediation.  There are times when the insurance company will not make a reasonable offer and a lawsuit has to be filed.  However, we will NEVER make a decision about filing suit without your input.  This is your case and your wishes are always taken into consideration.