So, what's the first thing that the insurance company looks for when they're looking at an injured worker or workers compensation claim in the state of Georgia? Well, first thing they say is the person who's injured. Are they even an employee or they an independent contractor? And so, that's a huge deal. If they're an employee, okay now they go the…

We received a call the other day about someone who was talking about a deposition. And their question was, "How do you win a deposition?" And the short answer is, you really can't win a deposition. You really can't win your case with a deposition. You can lose your case with the deposition depending upon how that goes but you usually will not be. W…

So, what is discovery In a workers compensation claim in Georgia? Well, discovery can mean several things but it's usually written documentation. It can also be a deposition. But typically you see them most commonly in what are called request for admissions where you are requesting that the other party admit that a statement is true. Interrogatorie…

We were contacted the day by someone who works at a bar. "One night a customer assaulted her during her work. She filed a police report. And the police said, "Unless she knows who her attacker was they cannot do anything." So, the employer will not pay for her hospital bills. And she has no health insurance. What should she do?" this is a case wher…

We received a question the other day. "I was driving on the highway and a large tractor trailer in front of us lost part of its tire. We were injured and the police came. However, there was no way to get the driver's information because he was long gone. He kept driving. We did get the name of the trucking company. Our insurance company says we nee…

Hello, Ty Wilson here. We're answering a couple of questions that we've received over the last couple of weeks. This question is, "I have a case currently. I was on work restrictions. So, sounds like a work injury, and my supervisor made me work full duty regardless am I liable for that." I'm not sure I understand the whole, "Am I liable for that?"…

Hello. Ty Wilson. Georgia workers compensation attorney here. And we're answering questions today. Snd so, our question today is, What if I was injured in Georgia but now I live in Alabama? Do I still have a workers compensation claim? And the short answer is, yes. A lot of what determines where you can file your claim is where were you hired. And …

So, a question we got today was What if I'm a subcontractor? Hello my name is Ty Wilson I'm a Georgia workers compensation attorney and we're answering questions today. And this question was, "I've been injured on the job but I'm a subcontractor. How does that change my situation?" Well, as a subcontractor you're not an employee and so you're not c…

We're covering some questions that we have received over the last couple of weeks. And I'm just gonna read the question. "I'm having a terrible time getting answers from the insurance company that represents the person that hit my daughter. They have so many excuses. But meanwhile, my daughter's car is towed. And she is still having medical issues …

We received a couple of questions I want to try to go through today. And so let's start with the first one. "Can an employer deny your workers compensation playing If you've been on the job for three days?" Well, the short answer is no, they cannot. We've represented people who were injured on the first day literally. Signing the agreement to work …

So another question we received the other day is, "Is it true that you can't get money from a settlement if your injuries are back and neck?" Well, this is a very short answer but, no. That's not true at all. In fact a big portion of the claims that we have represented have been neck and or back claims. And so, there's no barring or saying that you…

Look, Ty Wilson here. I'm Georgia Workers Compensation attorney practicing law in the state of Georgia. and our video topic for today is choke points and what we mean by choke points are. What are some of the things in workers compensation claims that can cause unnecessary delay denial, frustration what have you? And so, when someone first gets inj…

We received another question the other day. Someone had been injured on the job. They got surgery on one of their legs and they got returned back to work. And when they got returned back to work they were subsequently fired at work. And then, they're still getting medical care. And so it looks like they're gonna need another surgery down the road o…

We received a good question the other day from someone who was asking, "Can an independent medical evaluation or defense medical examination doctor put you on modified duty when they're not your authorized treating or your main doctor?" And the short answer is, they can put that in their records. They can make that recommendation. However, the real…

We received a question the other day about someone who had been terminated as a result of a work injury. And they were asking well, "How long does the employer have to wait to post a job for my position?" Well, here in the state of Georgia, we are At-will State. They can terminate you for cause or for no cause at all. And so, there is no set time o…

And the fact of the matter is you can settle the case without a lawyer. You will probably do better if you have a lawyer. That being said, there are some people who are absolutely opposed to hiring attorneys. And so, you will basically resolve your case for whatever the insurance company wants to resolve their case for. When you have an attorney, t…

Got a question the other day about someone who has settled their case. And they're wondering, "Well, how long does it take to get a copy of the release in the settlement document?" And the short answer is, that just depends. Typically, if you're receiving income benefits, they find a way to get that tea pretty quickly because they wanna end those w…

All right, this is gonna be a question that we received recently. "Can I continue to get workers compensation payments if my employer has brought me back to part time work?" and the short answer is, Yes. It does sound like you can. But you're gonna have to put pencil to paper if you will. Depending upon what your income benefit rate is or your comp…

We received a question today. "Will I be forced to quit my job if I follow workers' compensation claim?" And the short answer is, not if you file it to know not if you file a workers compensation claim. If you settle a workers' compensation claim, a lot of times the insurance company will request that a resignation be signed if you're going to sett…

Well,l if you've been injured by a co-worker who's on the clock in the course and scope of their employment, you have a workers compensation claim but you don't necessarily have a personal injury claim. And so, the exclusive remedy says, "If the employer injures you or a co-worker, you have to go through Georgia workers compensation." That is the e…

Got a question the other day. "Someone cut me off in traffic causing me to swerve and hit the car next to me. We were both injured. Should I file this on my insurance or what? Do I file mine on my insurance and his on mine? What about the person who cut us off? How does that all work together?" Well, if someone actually hit and drove off and you ha…

We got a question the other day. "I was injured on my job by a customer. The insurance company said they would not pay because I should have had an insurance policy. What is that? And why should I be required to have it?" Alright well… I have more questions and answers on this one. If you are an employee then the workers compensation insurance cove…

We got a question the other day. If I was injured by a customer while working at my company or a company, do I need a police report or something? I don't know what to do to pay for my hospital bills. Okay, so this could be a gray area. I would recommend that you file a report with your employer. If they refuse to pay or to set up this claim which w…

So, we received a call the other day about someone who was hit by an uninsured driver. And they had to file the claim through their uninsured motorist coverage. And their question was, "Why is my insurance company treating me like I'm the problem?" And had to explain to them, "Look, the insurance company or the insurance businesses in general are a…

So, what is subregation from a standpoint of workers compensation? Well, subregation is the right for the insurance company in a workers compensation claim to be paid back. Well, where do they get this right? Well, this right is written in the laws. However, what it usually means is it's a scenario where you have a personal injury and a workers com…

So we received a call the other day from someone wondering how negligence interacts with the workers' compensation claim. And so, in Georgia the workers' compensation claim or the system is what is called the no fault system. What that means is you do not have to prove that the injury was the fault of the employer. Now, there are other things that …

If you've been injured on the job, you need to know that the mileage rate is recently gone up. And so, now after July 1st of 2023 the mileage rate has gone from $0.40 cents to $0.45 cents. So, what does that mean? That means for every visit where you drive from your home to the doctor from your home to the physical therapist from your home to the p…

Getting orders. We've talked about this in another video. So, if you've been injured on the job, and your doctor says, "You know what?" "This injury… "I think we need to get an MRI again." You wanna ask for the script. And what I mean by that is they will write a script out or the doctor will give you something in writing. And that's the key. Somet…

The key to getting your medical care approved quicker faster and not an unreasonable delay. Which is kind of the name of the game when you're injured on the job, is when you see a doctor, if they order physical therapy, MRI EMG, nerve conduction study anything. Xray. Anything they tell you. Anything outside the office. "We're gonna order you this."…

If you've been injured on the job, you likely will need medical care. And if the medical care stops at an urgent care clinic, okay. Well, that's great. Your injury has been sufficiently taken care of as long as you believe it has been. However, if it's more serious a lot of times, if you're at an urgent care clinic, they refer you to a specialist. …

A defense medical examination. This is where the employer insure have paid a doctor to see you for a one time visit. They're seeking an opinion. They may be seeking a second opinion on your doctor saying if you need surgery. There's all kinds of reasons they can do that. But, can a schedule one that is five hours away? We had that happen recently. …

So, how to not handle the job search? If you've been injured on the job you're released to light duty and the employer cannot accommodate your light duty work. So, now you have to look for a job or perform a diligent job search. And so, one of the things we hear all the time is, "Yep!" "I looked for work." "I couldn't find anything." So, well that'…

So, what happens if you're injured on the job in Georgia, and you get your health insurance provided through your employer? Well, if you're out of work completely you're no longer collecting a paycheck from your employer. You are receiving income benefits from the workers compensation insurance carrier. Why is that important? That's important becau…

If you've been hurt on the job, and you've been released to light duty. And your employer does not have work for you. Remember you have a obligation to do a diligent job search. So, what does that mean? That means that you should look for gainful employment within your work restrictions based upon what that doctor's saying. And so, when you go to a…

So, this is kind of a companion to the Defense Medical Evaluation video that I did just a minute ago. Where they requested that my client go five hours from Savannah to Atlanta for an 8:00 A.M. appointment on a Monday. And so, the question is, there are certain times when that may be the only type of doctor out here on the coast. We do not have a h…

We received a question the other day. "What are the benefits that you're possibly entitled to in a Georgia workers compensation claim?" And so, the really are two main benefits; They are medical benefits. That's medical care; prescription care; medical devices. If that's related in something that the doctor orders. And then, if you're taken out of …

Okay, so, you were in a car wreck in Georgia. You're rear ended by someone who is what is called an "excluded driver". You're likely not gonna find that out at the scene. It's usually whenever you send off a letter of representation to the at fault insurance carrier, They'll say, "Hey!" "Sorry bad news." "We're not going to accept any type of liabi…

Everyone we're here today to talk about nine things that are different from personal injury claims to workers compensation claim. We get a lot of questions about what are the differences and there are several different differences. But we're gonna try to point out probably the 9, what we consider the most important or the most obvious differences b…

Alright, everybody. Today, we're gonna talk about five things you should never give an insurance adjuster, if you've been injured in a car wreck in Georgia. Before we get started with that though, let's talk about when you get injured in a car wreck claim you have actually two claims they're associated together. The first one is a Property Damage C…

We got a question the other day. "We have settled the case. What's the process from here?" Well, if you've gone to mediation, or you've just determined the number and both parties agree. And you're gonna settle the case. What needs to happen is the insurance company will usually hire an attorney if there isn't one already on the case to draft what …

We've done some other videos on notice if you're injured on the job in Georgia. Most important things is to provide notice to your employer that you were hurt and that you need medical care. More importantly, when you provide them notice that you are injured, it is head to toe. You need to tell them everything that feels funny. Why do I say that? W…

Are worker's compensation benefits worth it in the state of Georgia? Well, if you're injured on the job the question is, Do you have the ability to go to another employer, and perform work without the injury bothering you? Maybe you'll make more money going to that employer. However, if your injury is something that really shut you down, or you mig…

How not to return back to work? So, let's say you've been injured on the job in Georgia. The employer has served you what is called a return to work. or WC-240 forms. And you need to show up Monday morning at 8:00, at this location. In order to return back to work. Doctor signed off on it. All the hurdles have been completely jumped through by the …

What not to do if you are going to a defense medical examination In a workers compensation claim in Georgia? So, if the employer insurer have decided they want you to see one of their doctors. You know what that means. It's a defense medical evaluation. And you have to go there and the opinion may or may not be written before you even go there. May…

We were asked the other day. What is the best way to settle your Georgia workers compensation claim? And the reality is... Well, that just kind of depends on where your claim is. Are you getting weekly checks? Is it a medical only claim? Do you still need an extensive amount of care moving forward? Do you need a surgery? This really depends on wher…

Getting your mileage reimbursed. What's the easiest way to do that? Well, whether you have an attorney or not you need to keep a log of every visit you go to from your house to the doctors from your house to the pharmacist and then of course the return visits. So, from your house to the doctor from the doctor's office back to your house. Look him u…

So, when you're reinjured on the job in Georgia, how does it affect you? If you've been injured you were taken out of work, you returned back to work, and you actually reinjured yourself. Well, quite frankly it's possibly a new injury or a re injury depending upon the circumstances. Is it the same body part? Is it a different body part? What was go…

We were asked the other day. What is the best way to settle your Georgia workers compensation claim? And the reality is... Well, that just kind of depends on where your claim is. Are you getting weekly checks? Is it a medical only claim? Do you still need an extensive amount of care moving forward? Do you need a surgery? This really depends on wher…

Duty to mitigate your damages. So, you have a duty. If you've been involved in a car wreck and your car is at an impound lot you have a duty to get that car out you have a duty to get that car out. You can't just let the storage cost to crew. And a lot of people don't know that. We've had a special circumstance recently, where the person lived in a…

So, we got a couple questions today. First one is… What is light duty? And then another one that's kind of connected to that is, I was put on light duty. And my employer my job does not have light duty work. So what can I expect? Or what happens with my claim? So, it's cover light duty. When you go to your doctor, or a work injury, the doctor can s…