Ty Wilson Law Podcast: Recent Episodes
Ty Wilson
We attempt to provide helpful information to Georgians. If you have questions text us at 912-233-1100 or call us. You can also email me directly at Ty@TyWilsonLaw.com. Stay safe, Ty
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 next step. Well, is the employer subject to the act? What does that mean? Well, that means they have to have three or more employees on a full time basis in order to be required by the Georgia Workers Compensation Act to have workers compensation insurance coverage. They don't have insurance coverage. You're going straight after that employer and usually it's a small mom and pop organization that may not have the money to actually cover the damages that's something that an attorney will be looking at on the other side if not the insurance adjuster. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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. Winning your case with the deposition. Deposition is usually meant to lock down your oral testimony in questions and answers so that that defense attorney knows how you're going to respond. If you change it up and respond differently they're gonna attack your credibility and make it look like you are someone that can't be believed and that all of your testimony and all of your comments should be taken as untruthful. You don't want that so you wanna be honest. Matter of fact, and non argumentative. Hope that helps. Stay safe!CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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. Interrogatories: Fancy word for questions, to where someone ask a question and is seeking information back to answer that question. And then request for production of documents. Well, pretty straightforward. That is when you are saying, "I would like to request this particular document. If they have it, they can either produce it or they could object to producing it. Same thing within derogatories you answer the question or you can object to answering the question as long as you do so properly. And then request for admissions. Those are different animal. Either admit or deny them. Or do not have enough information for them. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 where she potentially has a workers compensation claim so long as she was not on break or was not off the clock if she was in the course and scope of her employment meaning doing the work that she was hired to do at that bar then she was employed and as long as she wasn't intoxicated either by drugs or alcohol or horse playing she should have a workers compensation claim which will at least provide her to the medical care she needs and if the doctor thinks she needs to be out of work well then she could qualify for income benefits stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 need to follow up with them for our bills. Is there anything we can do? Well, the short answer is you would want to try to set up a claim through that employer's insurance company. They will do an investigation. And they will see if they will either accept liability or deny liability based upon the circumstances of the claim. If need be you may have to file a lawsuit and subpoena that information. If not. then you can go after your uninsured motorist carrier. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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?" But if you are on medical restriction from a work injury claim and the employer put you to full duty the question is in those job duties can you complete or do the job duties that you have to do for your employer if you can that's fantastic. Noove forward if it's aggravating your injury "Need to return back to your what they call authorized treating physician." Mainly your main doctor in your work injury claim. And let them know you're having issues And if you know specifically what you're doing that aggravates the injury. You wanna tell the doctor that. They will adjust your restrictions. Now, take that back to the employer. The employer may say the same thing. "Hey! I don't care." "Full duty or you go home." If you are sent home because you cannot do full duty well then they may have to pay you a weekly checks in your workers compensation claim. Now, something to seek but something to back you up. And so something to think about. if you have any questions you always wanna reach out to a Georgia workers compensation attorney. Just speak with them about the claim doesn't mean you have to retain them. We speak to a lot of people and I would say the vast majority of them we do not retain. But we do try to find out where their claim is let them know what possible problems there are issues they could run into with their claim. And what might be the best move moving forward. We hope this information has been helpful. We will see you on the next videoCALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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, reach out to Georgia workers compensation attorney and speak with them. Give them details of where were you hired were you hired in Georgia and were you hired just to work in Georgia and then you got injured in Georgia now you've just moved right over the State Line to Alabama or was it something else where you always lived in Alabama you were working in Georgia. You signed a contract to only work in Alabama and you just happen to have one job over there in Georgia. So then you may have an Alabama claim. And so, if you were in the course and scope of your employment certainly you have a Georgia claim if you were injured in the state of Georgia. The bigger question is what does the employment agreement say as far as where you're working or are you a long road trucker and you're gonna work in contiguous United States? And so, the details are what matters the facts to help determine if in fact you are entitled to Georgia workers compensation coverage to help pay for your medical care even if you live out of state. That is something that I know that the adjusters are not crazy about in Georgia because if they're paying for medical care out of state they typically don't have a good understanding of are these doctors conservative are these doctors not conservative. Adjusters like to give the medical care get medical care for the injury worker with very very conservative doctors if they can. It tends to keep the medical cost down and at the end of the day this is about money for the insurance companies. I hope this information's been helpful. Reach out to a Georgia workers compensation attorney. Find out what your rights are and stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 covered under the company that hired you. So, typically especially if you're in a contracting situation where you're maybe building a home or doing an one aspect of that flooring roofing framing drywall etcetera, you're responsible to have your own workers compensation insurance coverage. And if you have that well you have a claim now there are certain situations where the actual owner of the subcontracting company ops out of the coverage. And if that's the case and you're the owner well then you would not have coverage. However, if you have not opted out of your workers compensation insurance coverage and you have a policy you should have coverage if you don't have a workers compensation coverage or what we see all the time. They get the coverage in place cancel the next month because all they need to show is a certificate. Then you are stuck on your own and you do not have Protection that you may need depending upon the entry that you have. So reach out to Georgia workers compensation attorney. Find out get specifics and then you'll know do you have the ability to file a claim and pursue a claim under the workers comp the Georgia Workers Compensation Act or are you in a situation where you'll have to pay for it on your own. Stay safe and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 from the accident. This stinks." Well, sorry to smile but this is the name of the game for the insurance company delay, delay deny. Maybe tell you something maybe not maybe not even answer your calls. And so, the fact that you got them on the phone they don't know what to say they make excuses. This unfortunately is not uncommon. This is clearly from a car wreck. Somebody wrecked into your daughter and so the answer or suggestions I guess to this question is you probably should reach out to a Georgia personal injury attorney or car wreck attorney as a result of the property. And you got two claims, so let's just kinda I guess stretch this out a little bit. When you get into a car wreck and there are injuries you actually have two claims they're set together but you have a property damage claim that be for the value of the vehicle. And then you have oddly entry claim. The property damage claim should be resolved fairly quickly. Now, here's the question the at fault insurance company do they have coverage on the claim? They may not and if they don't then you're gonna wanna reach out to your insurance company and see if you have what's called uninsured motors coverage. Uninsured motors coverage will provide bodily injury and property damage coverage. And so, you can get your car either repaired if it's repairable or a total loss. The insurance company will make that determination typically what they wanna do is they wanna send somebody out to look at the car and so when they look at the car they're gonna determine what is the fair market value that car what is the cost to repair it. If the cost to repair it is more than every insurance company is different but it's usually between 70 or 80% of the fair market value that car.CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 with the employer or walking outside of the place where they were signing the documentation and they got hurt. because someone had left the water there. It was in the way. They couldn't avoid it. They slipped they fell. They hurt themselves. Actually, pretty seriously. But if you are an employee and you are in the course and scope of your employment the employer arguably as long as you're an employee, as long as there's insurance and even if there's not insurance you still have a claim that there's other questions about the claim. Such as if there is no insurance does the employer have the money to pay the claim? And so forth. But if you're injured on the job and you're employed you're hired doing what you're supposed to be doing, you're not under the influence of alcohol, you're not under the influence of drugs, you're not horse playing, then you have a claim. And so for them to deny your claim after being at work for only 3 days, you do need to reach out to a workers compensation attorney or Georgia workers compensation attorney because your rights are being denied and you have something that you can try to pursue if that's something you wanna do. Obviously, that's gonna depend on how serious is the injury. If the injury is not that serious, and you can get to work somewhere else. You may wanna move on. If it is serious, you now are looking at possible surgery or you don't know but you can't hardly walk because you've got pain radiating from your back down to your feet or you've got pain radiating from your neck down to your hands, then you're gonna wanna reach out to a Georgia workers compensation attorney. Find out what is going on as far as what are your rights. What can you do what do you need to look out for? We offer free consultations as do most workers compensation attorneys. And so, check out find out what your rights are. Doesn't hurt to ask questions. Find out what you may be entitled to depending upon your current situation. And most of all stay safe. We'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 can't settle. A lot of things go into settlement. Does the employer wish to settle? There are certain employers that have just a policy of not settling their workers compensation claims. So, there's not a lot that can be done about those types of employers. I know in particular it's one of the bigger employers in the state of Georgia that has a policy of not settling. And the attorneys know this. And so, when you try to hire an attorney, unless they find that there is something else that they can go after a benefit that you're being denied like weekly checks or medical care something where they can get paid attorney's fees, potential turn them down just because for the attorney they don't like working for free. They cost money to set up a claim. It cost money. It may be nominal at first but it does cost money over time to keep up and maintain a file. And so, as an attorney they want the case to settle. And so, it's important that if you are getting an attorney you realize that. And when you speak with an attorney talk to him about it. Well, when do we consider this is that something that we'd consider settling in your claim depending upon where you're at. It depends on have you got the medical care you need. Do you need more medical care? Are you surgical? I mean there's a lot of questions that go into it. So, it's best to hop on the phone. Quick phone call. Find out so that the attorney can find out exactly where you're at. Say, okay well these are some things you need to look out for and depending upon who you're with. As far as doctors you may wanna consider changing doctors. You may wanna consider an independent medical evaluation There's a lot that goes into it. A lot of moving parts. So, you're encouraged to reach out to a Georgia workers compensation attorney. Find out kind of where you're at. And then of course, stay safe. And we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 injured on the job one of the most important things they can do at that point in time is provide notice to their employer that they've been hurt and that they like medical care for their injury. So, that is a choke point. If you don't give them notice currently within 90 days well they can deny the claim and the courts will support them in that decision. And so, it's critical that you file the workers compensation claim with your boss and or supervisor who may send you to HR may handle it themselves but you tell them head to toe everything that feels funny or different as a result of the injury. and make sure that you are explaining what your injuries are so that they can investigate it. If it's a very serious injury, well, you may be carted off by ambulance and then you wanna contact your employer by telephone if they're not there in the hospital which they may or may not be and you wanna just let them know, "Obviously I was heard at work I'm gonna need medical care." And then once you are released from the hospital, they will set you up with the medical care. Choosing of the doctors, that is another choke point. What is supposed to happen? Is the employer is supposed to have something called a posted panel of physicians? There are multiple versions of a posted panel of physicians there is what we call the traditional. There are multiple forms with as little as six doctors and as many as a managed care organization which is like a telephone book of doctors. And so, and there's in between. And so, there are many different forms of opposed to panel physicians this is why it's very important that upon being injured you speak to your employer and you say, "Look, I've been hurt. I need to get care for my injuries this is a work injury claim." If they refuse at that point in time you really need to reach out to counsel, legal counsel and speak to a workers compensation attorney...CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 or at least that's what they're talking about. And so, the question is, "Do they qualify for income benefits?" And the answer is, "It depends." The question is, "How did they get fired?" Was this something that they got fired because they weren't moving fast enough because of their injury? If it's something related to their injury, then the argument is, yes, they can get income benefits. It may be a fight may have to go to a hearing etc. However, If they smart it all or they said, "I'm not gonna do that." And they were fired for reasons unrelated to their injury. Mainly due to attitude or something like that. Then the answer is, "No." They would not qualify for income benefits because if the employer and the insurer can prove that they terminated the injured worker for reasons unrelated, completely unrelated to the injury, then they don't have to pay income benefits. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 reality is your authorized treating physician is the one who makes that determination. Now, keep in mind, a lot of times the employer and the insurance company's attorney is getting a defense medical examination so that they can have some evidence against what your authorized treating physician is saying. So, your authorized treating physician is saying out of work completely. Well, I've got a doctor now who says you could go back to light duty work. And lo and behold, I bet they're gonna also tell you that they got a job for you. And so, this is part of strategy through the workers comp system. And it is entirely possible that this could happen. We see it happen actually all the time. However again, the authorized training physician is the one who should have the most weight if this is in front of a judge. So, hope that answers your question. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 out or time frame from which they have to wait before they post a new job opening. So, they're free to do it whenever they feel that they need to fill that position. Hope that information has been helpful. And we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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, there are some arguments that can be made that make an increase the value especially depending upon the timing of your settlement. If you're settling the case at the end where there's no future medical care. Your checks have been cut off. And the permanent permit is minimal. In that case, has less value than if you're still getting checks.You still have medical care to go and complete. And maybe you don't have a permanent permit yet because you are still treating. So, those two different types of claims. The earlier you get an attorney involved likely the better the situation for you. Then attempting to close it out at the end once all of the items that carry value have been either determined or settled. We hope that information is helpful. And we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 weekly checks. However, if you're not receiving income benefits, it can take a little bit longer as they're in no big rush. And once an agreement has been made, it's really just your attorney's job to really stay on top of them and say, "Hey!" "What's the status?" 'Come on this has been a couple of weeks now." "What is going on here?" You can always request a hearing. However, that's a long way to go when it all it is is paperwork that you're waiting on. So, you wanna kindly reach out to the other party and just keep reaching out to them. At some point, the squeaky wheel gets the grease. If not, you can always like I said file a hearing and move forward that way if you have an attorney. If you don't have an attorney, you may wanna speak with one to see what can happen to facilitate anything and helping get this matter close. Hope that information has been helpful, and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 rate that you're receiving in weekly checks. The question is: "Is that part time worth they brought you back?" "Are you making more money?" "Grossing more money", meaning before anything's taken out are you making more money than what you were receiving with those weekly checks in workers comp? If you are not making more money then there is some exposure or responsibility from the employer insured to issue you what are called temporary partial disability benefit checks. That means you are temporarily partially disabled because you're on light duty. And so, you would be entitled to those checks depending upon how much income you earn through the part time job. You still certainly have medical without question. If for any reason the part time job ceases or stops. then you would go back to temporary total disability if they were no longer able to provide light duty work for you. Hope that's been helpful. And we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 settle for a lump sum amount. If you file the claim only, you get the medical care you need. Get return back to work, and you're happy. And you get paid any permanent partial disability, and all the weekly checks, And get the medical care. You do not necessarily have to quit your job or resign your position. Now, you do wanna keep an eye on the people that have gone before you. Anyone who has been injured on the job that you know of before you get injured on the job. Question is: "What happened to them?" "Did they return back to work?" "Or did they just disappear?" If they disappeared, it may be something where they settled the claim. Or it may be something where they found a way to terminate them anyway. So, you wanna be careful about what your employer may do. If they're vindictive, you may wanna try to work the claim into a settlement. So that you don't have to worry about being terminated later with nothing to show. We hope this information has been helpful. And we will see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 exclusive remedy. Meaning you cannot just file a personal injury lawsuit against either the employer or the co worker. Now, there are many many situations where that may not apply. It's very fact specific. And so, you want to really speak with the Georgia Workers Compensation attorney. Find out, is there possibly a third party action that would allow you to proceed forward with a personal entry case? It is not often. But however, there are exceptions to every rule. So, we hope this information has been helpful and we will see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 have no contact information, when you call the police they're not gonna have any contact information either. You can attempt to locate them by looking to see if there's any type of cameras nearby etc but that is a long shot. Probably what you have to do is you probably have to go through your uninsured motorist coverage. Now, keep in mind that is optional coverage not everybody has it. And so, you wanna make sure that you do have it in order to pursue it. If you don't have uninsured motors coverage you can't find the other drivers insurance coverage. You may be left paying for those injuries on your own. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 coverage for the employer. If they have it should be the one who picks up the coverage and you should have a workers compensation claim. So, you should then reach out to a workers compensation attorney if you're already receiving resistance this early in the claim. You've got a long road ahead. If you're an independent contractor, you have to provide your own workers compensation insurance coverage. So, that could be what they mean. So, the difference is being an independent contractor versus being an employee. Stay safe!CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 we have seen happen before you have to ask yourself, is the injury serious enough to move forward with the workers compensation claim? And what I mean by that is there is a chance that they will require you to resign or they will force you out and not have any work available for you. And so, if the bills are quite substantial in the injury substantial, it's an easy decision. If they're not that's where it becomes difficult. If the bills aren't that much you may make more money staying employed and paying those bills. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 all about taking money in in the form of premiums and paying out as little as possible." And so, as a result of that, whenever you're filing a claim with your insurance you are in fact the enemy of sorts because they you are looking for money from them even though they set up that policy to protect you. They do treat you like you're the enemy. Wanna be careful. There are some obligations that uninsured motors carriers have with you as the insured that the liability don't. You should speak with a Georgia personal injury attorney if you have that situation. Especially if you've been in a car wreck. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 compensation claim. If you have workers comp paying out a great deal of medical care and income benefits on your behalf, if they can prove that you have not been compensated, completely compensated of all, economic and non economic damages, well, then they arguably have the right to be paid back what they paid out. That is called subregation. They would be paid back from the personal injury claim if there is a big enough recovery. And if they can prove all economic and non economic damages have been recovered. Stay safe!CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 have to happen you have to be what is called in the course and scope of your employment. Meaning you have to be really doing the job or the type of work that you were hired to do. You can't be on drugs you can't be on intoxicated by alcohol and you can't be horse playing Those are ways that the employer and the insurance company can deny your claim. So, stay safe. Let us know if you have any other questions.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 pharmacy and back of course you're a total of $0.45 USD a mile. So, you've been kind of given a raise. That said, if you're calculating a mileage sheet you wanna make sure that everything before that July 1st, 2023 date is that $0.40 cents a mile. The adjusters will be looking. And so, you wanna provide them a list. Remember if you're doing mileage, you wanna make sure to get it to the insurance adjuster within one year of the time when you accrude that mileage or we're actually driving. Otherwise, they can deny it. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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. Something in writing that says they're ordering this diagnostic test whether it be an MRI, X-ray, what have you. And then, you wanna take that document. and you wanna FAX it to your adjuster. And make sure that they have received it where you get a FAX confirmation. If you email it, you don't get a FAX confirmation, or you don't get an email confirmation. And so, you wanna make sure that they received it. And then, you wanna follow up with them. And if they haven't done anything on this in about five days, well now you know. They're playing the delay game. You wanna be careful. You may wanna talk to an attorney. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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." "We're gonna prescribe you this." Well, they need to write a prescription for it. And so, when they tell you that as you're leaving, you need to say, "Hey!" "I need to get a copy of the script." "I need to get a copy of my work status report." And if they say, "Don't worry about the script." "We'll send that to the insurance company." Well, the fact of the matter is you don't know when that insurance company gets it, and they will delay and delay and delay. So, it's better if you get it send it to the adjuster. Maybe FAX so you get confirmation. And then you can say, "Well," "I know I sent it to you." "You should have it on your desk." Stay safe!CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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. Or if you're going to go to a specialist, you may wanna do some research on the doctors. Not all doctors are equal. And several doctors have reputations. Some better than others.So, you want to do the research to make sure that you're not locking yourself in with a doctor who has reputation. Or basically saying, "Your full duty." "This was all pre existing." "This is all in your head." or whatever. Making you feel inadequate as a person. So, you wanna do your best to research ahead of time. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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. We had someone out. Out in the Savannah area. And all of a sudden, we get a notice for an independent medical evaluation in Atlanta. Well, the first thing I did is, I called up the adjuster and said, "Not sure if this is what you wanna do." "The mileage is going to be atrocious." "However, my client has a lower back injury, and cannot sit in the car for 5 hours. 'Perhaps you can find another doctor," "who is closer to us here in Savannah, that she can go to." Ultimately, that's what they did. So, question what they're doing. And you may or may not get something that doesn't put the burden upon your injury and your body part. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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's fine. And then the next thing we know, opposing councils pulling them into a hearing. Trying to cut their benefits off. They're like, "When you approach that employer, how did you approach them to work." And the injured worker said, "Well, I told him I was hurt." "Did they have a job so that I can work?" "I'm on workers comp." And they said, "No". "That's not a diligent job search." "That's not a good faith effort." "You gotta make a good faith effort." So, you've got to find out about the job. You got to find out if it's something you can do and then apply for that type of work. But don't tell the employer that soon to be employer, "I'm hurt." "Do you have a job for me?" That won't work. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 because when you're working with your employer, your employer is taking your pay out of your check, and paying for the health insurance coverage. So, there is a possibility that you may have to come out of pocket if you're on workers compensation to keep your health insurance, and pay. Some employers will not even allow that to happen. Some of them will just send you the Cobra paperwork and say, "Hey!" "Sorry we can no longer ensure you." "We're not gonna pay for this out of our own pocket." So, you wanna reach out to HR really quickly if that's a concern. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 an employer and ask them for work the first thing you should do is you should fill out the application. If that's what they allow you to do. But find out what the lifting restrictions are if you have a lifting restriction or what the duties are for that particular job. If you're applying for heavy heavy construction work and you've got a back injury and you know that you're not gonna be able to do that type of work. There's an argument to be made that that is not a diligent job search. You need to look for jobs within your restrictions. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 huge selection of certain types of doctors where as they do in Atlanta. So, there is a possibility that that could happen. If that happens, and as an engine worker you have to be there at 8 o'clock in the morning. It is highly doubtful that you could leave at 3 or 2 in the morning and drive there. So, you may be entitled to have hotel room paid for and possibly even some per diem for meals. It's not gonna be a high amount but the certainly will help offset the cost that you have to come out of pocket for a better visit. If that's the case. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 work for more than seven days, there are income benefits. They're also called "weekly checks" "indemnity benefits" I mean they're called a bunch of different things. But, basically you get a weekly check in the mail. If you're taking out of work for more than seven days completely. If you put on light duty, and the employer cannot accommodate you. You may also qualify for that as well. Then the last benefit. At least that they look at if they're talking benefits that you might get in the future and settle are what are called permanent impairment. That's something that's figured out at the end. The doctor thinks you're at maximum medical improvement. They'll ask you to do an FCE or a Functional Capacity Evaluation. Get an impairment rating. And then, they'll pay you according to that. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 liability on this claim." "And we're going to send you what's called a reservation of rights letter." Do some research. And then all the sudden, Oh! Turns out the default driver is an excluded driver. What is an excluded driver? Excluded driver, typically, that is when parents have children that they don't feel very safe and they exclude them off their insurance. And they're not supposed to be driving their car. Happens all the time. And they get wrecks all the time. However, that means that unless that child has its own insurance coverage, there is no coverage. So, where do you go from there? You got to look at your underinsured motorist coverage. This is why we always saying, by as much of that as you can get. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 between a personal injury claim and a work entry claim. So, let's start with No. 1.
No. 1: When you have a personal injury claim you're entitled to pain and suffering. And pain and suffering is what you feel whenever you're dealing with surgery and you're dealing with just the general pain of being in an injury. Workers Comp. They do not have to pay anything for pain and suffering. And so, that's a big difference. In workers comp, you're looking at medical benefits, you're looking at weekly checks, and possibly something called permanent partial disability. But in personal injury, you're looking at full loss wages, you're looking at economic damages, to include hospital and any type of medical bills, or medical care, prescriptions, etc. And personal injury, those are benefits that you seek to be reimbursed for. In workers comp., they pay for them proactively. Now, not the scope of this video, but they also may get to control your medical care in workers comp. So, we'll talk more about that in another video. So,
No. 2. In personal injury, for example, a car wreck. you have to prove that the other person was at fault. And was negligent in their actions. In workers comp., it is a no fault system here in the state of Georgia. And all of this is referring to the state of Georgia. And so, there's workers comp is a no fault system. What that means is you don't have to prove that the employer was at fault for causing your injury. You just have to prove that you are employed and not an independent contractor. That you were in the course and scope of your employment. You are not under the influence of alcohol drugs. And you are not horse playing. If you can prove those you prove that you have a claim. And then the employers responsible for the medical cares that relates to your injury. And then if certain conditions are met such as taken out of work completely for more than 7 days. well. then the employer or the insurance company for the employer will have to pay you what is called temporary total disability or temporary partial disability income benefits. Moving on to
No. 3. In a personal injury claim, the insurance company does not pay for your care as you go. So, you don't go to the doctor and say, "Hey! Insurance company I'm going to the doctor today so make sure you pay them." That's not how it works. Basically, you get all of your medical care in a personal injury case completed and then you seek to get those damages reimbursed along with pain and suffering, etc. Whereas in a workers compensation claim, they do pay for your care as you go. In fact, they have to authorize care before you get to the doctor or the doctor will not see you because the doctor will not get paid. And so, workers comp., they pay as you go. Personal injury, they don't. So, let's go to
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 Claim. And that would be the most logical reason to actually reach out to the insurance company and contact them because you want your car repaired. If your car is in an impound lot, you wanna mitigate your damages. Check out our other video on that, and get it out of there as quickly as possible. But if it's not drivable, certainly, the first thing you wanna do is contact that at fault insurance company and find out how can I get someone to look at my car. Get it repaired, and get it paid for it. The second part of the claim, ou have a property damage claim and most claims are just property damage claims. ,However if you get hurt in the claim,that's where you have a bodily injury claim. And so, bodily injury claim obviously means you've been hurt in the car wreck and now you're getting medical treatment for your injuries. When you discuss the property damage claim for your car you really have no reason to discuss the bodily injury portion. Typically, they're two separate adjusters. However, that's not always the case. So, if they start asking you about your bodily injury it's really not recommended that you speak to them directly about your bodily injury claim. You have two years from the date of the car wreck and that can possibly be told if there's a ticket and for other reasons...CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 is called a "stipulation settlement agreement". A Stipulation Settlement Agreement; there's one of two ways it can handle, they can handle it. If they've never paid you a weekly check it's called a "No liability step". Meaning they're denying everything. They're asking the board to close this file as being denied. You're gonna sign off on that. Meanwhile they will settle for you whatever the agreed settlement amount is. If it is not, if they paid you weekly checks, then the matter has to be what's called a "Bonafied dispute". And what that usually list out in the stipulation settlement agreement is that will list both parties contentions. The employer contends that the employee is able to return to some form of work. The employee contends they are unable to work in any capacity whatsoever. Something like that. But it lists out the contentions and it basically says, "We're gonna put these contentions aside and settle this case. For whatever the amount is that you're gonna settle." So, once that's drafted, you'll review it. You make sure the numbers are right. You make sure everything looks good. There could be some language in there to protect you if you end up having to file for Social Security disability later depending upon the nature of your injuries. And that's gonna be an important part of your Social Security claim. We put language in our workers compensation claims or should have language in there that basically protects you. If you do have to file for security disability later. Again, always recommended that you have an attorney whenever you're trying to resolve a Georgia workers compensation claim. Make sure you're not shorten yourself somewhere else like so security disability, or anything else, for that matter. So, once the document is completed, you will go over and you will sign it, typically, but not always. The employer will also require what is called a release. Releasing them not from workers comp but from anything else related to the claim. And they're trying to prevent you from suing them in other ways after they've resolved the workers compensation claim...CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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? We got a lot of claims where someone got hurt seriously. Hurt their back. But they also had some sort of tingling funny feeling in their finger. And the reality is the back just hurt worse. Turns out their finger was broken. Hairline fracture versus a serious back injury. However, if you don't mention it, worker's compensation will fight you to the nail to have that care approved. If it happened because of the same event and you fail to report it. So, reporting and giving notice is absolutely critical. Everything that feels funny or strange based upon how you hurt yourself. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 might need surgery, or rather serious, workers compensation is something that can keep you afloat while you're getting that medical care you need. Get on your feet. And then move on in life. So, the question is, where are you at with your claim? So, it could be worth it. It might not be worth it. If it's a minor claim, very well might not be worth the pain in the tail of it.However, if it's something that knocks you out of your ability to perform your manual task. And it's something you really wanna look at closely. Or at least speak with the workers compensation attorney. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 employer. What you don't do is show up. Walk in the door, and say, "I'm here. I can't do this." "See you later. Bye!" That won't work. A lot of times the employers ready for it that either got you on camera. Or they've got multiple witnesses as you're approaching to see if you are actually making good faith effort, to attempt the job that the doctor has already signed off on. Stay safe. Play it smart. Ask questions.CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 not be. But you've got to show up and you've got to perform the evaluation. It's a lot like a deposition in the sense that if it's been properly noticed within the right time frame and so forth you need to go forth, you need to show up you need to be cordial to the doctor. Do not argue with that doctor. That doctor can bury you. They probably will anyway. They may not though. We've seen more and more whether or not. And so what you got to do is be cordial. Answer the questions. Don't go into any big history other than that. Tell them what they ask. Get in and out. Just like a deposition, Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 where your claim is. So, the best way to settle the claim is to figure out strategically where you are. And where you can live with your care. Because by settling that claim you're giving up those weekly checks. You're giving up future medical benefits. And you're basically saying, "I've got it from here." You're gonna try to negotiate a lump sum of money. You're gonna move on. A lot of times there's a resignation involved as well. So, you when I say move on, I mean move on to a new employer. New life possibly doing new things. Stay safe!CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 up on Google Maps. Google Maps will tell you specifically what the mileage is for these particular addresses. You also need a log to provide that to the insurance company. But the Google Maps will help support your position that the mileage is what Google Maps says. They're not gonna believe you if you took the long way, that's on you. You should take the shortest route possible. Then you will run into no problems getting your mileage reimbursed. Check out our other video, as the mileage rates have just increased. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 going on. You would have two different injuries with the same employer and they kind of merge together. Okay, it would be two differen separate dates of injury. However, they could merge together with the medical benefits and the income benefits. Hopefully that's answered your question. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 where your claim is. So, the best way to settle the claim is to figure out strategically where you are. And where you can live with your care. Because by settling that claim you're giving up those weekly checks. You're giving up future medical benefits. And you're basically saying, "I've got it from here." You're gonna try to negotiate a lump sum of money. You're gonna move on. A lot of times there's a resignation involved as well. So, you when I say move on, I mean move on to a new employer. New life possibly doing new things. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 an HOA or homeowners association. And they wouldn't allow her to drag or tow the vehicle. She didn't have any property to tow it to. And in that case the storage cost kept a crewing and it was an older model vehicle. And eventually, the storage cost will get more than the value of the car itself and pretty much you just pay the toll lot to just take it. And then at that point, your property damage claim is over. So, you wanna be really careful with that duty to mitigate your damages. Stay safe!CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
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 say, "You're full duty." "No restrictions." 'You can get back to work." "Congratulations!" Or they can say, "You're out of work completely." Those are the two extremes. But there's one other one that's light duty. So, what is it? It's where they say, "We don't want you lifting more than 10 pounds.. fifteen pounds… twenty pounds… twenty five pounds. It's up to the doctor. We don't want you standing for an extended period of time. We don't want you sitting for an extended period of time. We don't want you putting pressure on your knee if it's a knee injury. we don't want you using a hand, your left hand, if you hurt your left hand. And so, light duty also known as limited duty or modified duty is where you are able to go back to work but not in a full duty capacity. Meaning, you do have medical limitations. And so, depending upon what those light duty restrictions are, well then your job obligation at least in the state of Georgia is to let your employer know what are your restrictions. "Do you have any restrictions?" 'Yes, I have light duty restrictions." "Here they are." And the employer then has the opportunity to say, "Okay, you know that we do heavy work here." "I'm sorry we're not gonna be able to accommodate your restriction." And send you home. Or they can say, "Okay, I need you over in the office." "But I never work in the office." "Why are you sending me the office?" Well, they can create a light duty job for you. And depending upon what it is as long as it fits within your medical restrictions. They are allowed to do that. And if you say, "Well, I don't wanna do that." "That's not what I do." They can deny paying you income benefits. So, you really wanna think long and hard about that or you wanna speak with your workers compensation attorney. If you have one. So. when the employer cannot accommodate and will not create a job for you for your light duty restrictions, well then, you are entitled to income benefits, called temporary partial disability. 'Cause you're partially disabled, temporarily. And so, those can be calculated pretty easily. However, the important thing is, can your employer accommodate your library restrictions? Or are they not going to accommodate them? Something else that may help you out and determine kind of where you sit in your client is, are they gonna bring you back? Are you going to get better? If not, you may wanna consider speaking with a workers compensation attorney. My office practices here in the state of Georgia. But you may want to obtain consultation with someone in whatever state you got injured in. Talk about what your rights are. And then, of course, what your options are. There are a lot of different options. It just depends on if you are able to go back physically and if you wanna go back. And then, of course, if the employer wants you back. Hope this information has been helpful. we'll see you on the next video!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So as lawyers, we have all that words that seem possibly foreign to some people. So, I was asked to explain, “What is a claimant?”. A claimant is someone who brings forth a claim in a workers compensation claim. What is a defendant, well, we really don't use the term defendant because it's administratively based. So you usually have the claimant or the injury worker, also known as the employee. And then on the other side of the matter you have the employer and the insurance company. And those are usually just referred to as the employer and the insurance company. And so, those are the terms for that deposition that's a sworn testimony under oath. Question and answer session with you as the claimant typically and the employer and sure will have their attorney. If you have an attorney they'll be there with you where they should be. Alright, stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So we received a question the other day to explain a little bit more about what the exclusive remedy is under Georgia workers compensation. Well what that means is if you have been injured, you cannot really file a lawsuit against your employer or co worker if they're the ones who cause the injury. What you have to do the exclusive remedy under the law is to go through workers comp and to follow workers compensation claim. Now, how do people sometimes have personal injury claim and workers compensation claim? Well that's where a third party. So that would be no one connected to the employer, no co workers or anything like that. If someone's hurt by machine and there is another company that comes in and maintains that machine, well, arguably there could be a third party action. If the employer takes care of the machine, entirely by themselves it's probably not there. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
We had an employer reach out to us saying, "okay. Well I have a family business. Does that do I still need to get workers compensation coverage?” Well the reality is, Georgia law requires. If you have three or more employees, that you should get workers compensation insurance coverage and cover yourself. Y ou could be penalized by the state board of Workers Compensation. And so as an employer, anytime you have 3 or more full time employees, you wanna get workers compensation insurance. You wanna get workers compensation insurance. Understand its family. Understand they likely will not file a claim. However, actually protects both sides. And so you definitely wanna look into that if you have a family business. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what is a claimant? A claimant is someone who brings forth the claimor starts the claim. Usually it is the injured worker. So really you can use those terms interchangeably. You can say claimant, injured worker, employee and usually on the other side of it you have the employer, the insurer. We don't really use the term defendant in a workers compensation claim. It's an administratively based system. And so you usually have the claimant. And then the employer, and the insurance or insurer. Anyway those are the parties that tend to show up in Georgia workers compensation claims. Let us know if you have any other questions.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Unpaid interns can an unpaid intern qualify or file for a work injury claim in the state of Georgia. If they're truly unpaid, meaning they're getting no benefits other than working that job, then the short answer is no. If they're paid however, then they can qualify for workers compensation. So certainly, paid versus unpaid is very important when it comes to internships. Stay safe!CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello, okay. So, this video is part 2 of what you should not do in a deposition. The first thing. There's seven different pieces we have and we'll go into some explanation here on this video. But the first thing you should not do is not telling the truth. So, what I mean by that is there's a lot of negatives there. It's important that you're truthful. At the very beginning of your deposition you're gonna be sworn under oath. You swear to tell the truth the whole truth and nothing but the truth. And so, therefore, it is anticipated throughout your deposition that you will be honest. And you need to be honest. As someone who's been injured on the job in a workers compensation setting or even as a plaintiff in a car wreck case, one of the main things you have is credibility. Credibility that you actually were injured. Credibility that your pain is what you say it is. If you lie under oath, you lose credibility. And if you lose credibility, you can lose your claim, just because of the fact that the people who decide on your case may decide that you're not telling the truth. So, it's very important that you are truthful throughout the entire deposition. So, number 2 exaggerate your injuries or exaggerate circumstances. You do not want to exaggerate. You want to downplay if anything. You do wanna tell the truth again but you do not wanna say your pain is a 10 out of 10 while you're sitting in a two and a half hour deposition not moving not flinching not having to get up and stand and so forth. And I'm not saying you should do those things in your deposition. What I'm saying is, your pain is probably not a 10 out of 10 if you're able to sit comfortably in the deposition chair in two and a half hours or less and not have to move. And so, don't exaggerate your injuries. Don't exaggerate details. Be very truthful. Downplay, that's more important. Number 3, answering questions before the other attorney who's asking them is finished. You're gonna see where a lot of these things are going a lot of the questions or background questions. "What's your name?" "What's your address?" "How long have you lived there?" "What's your date of birth?" "Are you married?" "Do you have children?" You're gonna see exactly where the questions are going. But don't cut them off. Let them finish. We've seen some attorneys that decide that they're gonna be tricky because the person's answering questions before they're finished. Asking them. So wait for them to ask the question completely. Pause for a second or two and then answer the question. If the question is complicated, some of our main things that we always tell people is you should say… "I don't understand the question..." They ask two different questions. Also known as compound question. Also known as compound question. You may say… "I'm sorry I didn't understand that..." And make them repeat the question. They should only ask you one question at one time. So, if there's any confusion, the most important thing is not to guess. And the most important thing is to make sure you understand the question they're asking before you respond accordingly. Number 3. Arguing with the other attorney. They ask you a question or they say something that you're just not happy with. The last thing you should do is argue with them. It's their deposition. They can make things a lot worse… but you should not argue with them. Answer the question; Keep it as short and concise as possible; And then have them move on. Really the idea. Just like I said in the other video is answer your questions, you've got to be there, get through the process and get out. You don't have to volunteer information. Make them ask the questions. Let's move on down the list. Walking out before it's complete. Kind of goes with arguing with the attorney. we've had situations where the injured worker. Got upset with questions that were being asked and decided to walk out of the deposition. Now, if you walk out and leav
What is light duty? So, if you've been injured on the job, and you go see a doctor and the doctor says, you know, he can tell you one of three things. He can say I'm gonna take you out of work completely. That's pretty straightforward that means you can't work. You wanna get that work status report or excuse. And share it with your employer. Or two and this happens more often than not. He says, "You know you're injured" "I want you to stay off this leg." "Or you've hurt your back." "So, I don't want you lifting." "I don't want you standing for a long time." "I don't want you sitting for a long time." "I don't want you bending stooping kneeling etc." They make the decision. No lifting more than so much weight. All of that is called LIGHT DUTY. Light duty has many terms. It can be "light duty". It can be "limited duty". It can be "modified duty". It can be "sedentary duty". A lot of people don't understand that "sedentary duty" is also a form of "light duty". Any type of work where the doctor says, "I think you can go back to work but here are your restrictions." That is considered light limited or modified duty, for the record. The other or third thing that the doctor can say is, "I think you're full duty." "You can do everything you were doing beforehand." And so the three work statuses again; Out of work; Light duty; and then full duty. If they take you out light duty, then the question is you share that report with your employer. Can they accommodate your light duty restrictions? If they cannot, then you may be entitled to weekly checks. If they can accommodate your light duty work restrictions, then you likely should try to go back and see if you can perform that type of work. If you can't, well, then you need to contact and go back to the doctor's office. Let them know what aggravates the injury or what causes you problems on his form of life duty. And in theory, he's supposed to change those restrictions. Well, they have me sitting all day. Okay, well, I'm gonna limit your sitting to so many hours a day. Or stand and sit as is comfortable. That's what should happen. Does it always happen that way? No. But in a perfect world, that's what's supposed to happen. And then at some point, either condition gets better and your restrictions get heavier and heavier. Meaning the doctors goes from no lifting more than 5 pounds to 10 pounds to 25 pounds now you're at 50 pounds. Or you're allowed to sit longer, stand longer, whatever the doctor decides. But the idea is that you get the medical care you need to increase your light duty restrictions to some point be a full duty or to be a pretty heavy duty lifting. We've seen some where you can lift 50 pounds, no more than 50 pounds. Some jobs have lifting requirements much more than that. But typically, 50 pounds is pretty heavy work for most jobs. Maybe not construction. But in most jobs. And so, you might can get back at that point and do your full time job. It just depends. But like duty is that gray area. You know what happens when you're out of work completely. You know what happens when you're full duty. You just going right back to work. Light duty is that gray area, where the doctor will say, "Don't want you doing this, don't want you doing that..." And then the employer has to decide, "Do we want you to come back?" "Do we have a job for you with those restrictions?" If they do you're likely gonna go back, if they don't, then you're likely going home. And the question is "How long are you gonna be on those light duty restrictions?" That's gonna be up to the medical providers that see you and treat with you. Sometimes it's physical therapy involved but usually it's what's called your authorized treating physician that's the doctor in the workers compensation claim that will make the determination of your work status, and make the determination, if you need further care, if you need diagnostic testing, so forth. That's why choosing the right doctor can be a real critic
Workers compensation segregation. So, what is that? Well, that comes into play whenever you have both a work injury and a personal injury claim. And so, the segregation part is if workers compensation pays for your medical care, and they provide you medical care they have arguably what's called a “right of segregation”. Meaning that they can collect the money that they've spent on your behalf on of your claim. From your personal injury settlement now that's in theory. So, what does the law say? The law says that in order for workers compensation to be able to collect from your personal injury claim, you have to be completely compensated for all economic and noneconomic damages. And so, what does that mean? Well, economic damages are pretty straightforward that is the medical care that's provided in the loss wages. Now, remember in a workers compensation claim, you're not paid your full loss wages you're paid 67% of your average weekly wage. So, there is some sort of offset there but more importantly in your non economic damages. Did you fully recover? A lot of if the insurance workers compensation insurance carriers going to be able to collect. It's gonna be based upon; Did you fully recover? Are you back 100%? If so, there may be a possibility that they could recover. However, most of the time it's very difficult for them and I mean when I say “them”, the workers compensation insurance carrier to crew that you as the injured worker have been completely compensated of all economic and noneconomic damages. But most of the time, that is a very high hurdle to overcome. Hope this information has been helpful and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
I received a call the other day about someone who was handling their own car wreck claim. And they were confused. They were getting contacted by the at fault insurance carrier, trying to settle the claim. But insurance carrier said, "well, we have a health insurance lean and we're gonna have to pay them from any type of settlement." and so they reached out to me to ask, 'what is that about?' well, even though you pay your health insurance company premiums, some of them may have the right to be paid back whatever they pay out on your behalf. If you are going to recover from a car wreck claim. For specific information you really need the policy language. And you need to speak with an attorney who handles personal injury matters, who is well versed in the law. As there are different types of health insurance there. What are known as arisa based and non arisa based. And that can have a that could be a very important on determining if they are entitled to be paid back. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So when you're in a car accident, there's really two different things you have to worry about. You have to worry about the financial aspect of it and of course the physical aspect of it. Physically, if you're injured in a car wreck, you're hurting you might not know how to get back to being who you were before the wreck. But what a lot of people don't think about initially at least is financially. And there are ways to protect yourself financially speaking. It is almost impossible to control the other driver from running into you running into the back of you running a red light you. Can do as many defensive driving techniques as possible. But the more you're on the road the more you're exposed and more likely that something will happen at some point in time. And so what is important and what's critical that you try to plan ahead of time in case that happens? Kind of the Boy Scout always be prepared. Look into uninsured motorist coverage. That's the type of coverage that will protect you if the other person who hits you doesn't have any insurance and you're left holding the bag. Atleast with that type of insurance coverage as long as you have an adequate amount based upon your injuries. Then you should be protecting yourself or be able to protect yourself I should say from the financial devastation that can come with high medical bills. As statistics show that is one of the No. 1 reason that people have to file for bankruptcy. Stay safe, but if you have any questions you should reach out to whoever provides you insurance coverage. You want as much uninsured motorist coverage also called UM coverage also called underinsured motorist coverage as you can possibly afford. Stay safe! And if you have specific questions about this video feel free to contact me. Thank you!CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Workers compensation segregation. So, what is that? Well, that comes into play whenever you have both a work injury and a personal injury claim. And so, the segregation part is if workers compensation pays for your medical care, and they provide you medical care they have arguably what's called a “right of segregation”. Meaning that they can collect the money that they've spent on your behalf on of your claim. From your personal injury settlement now that's in theory. So, what does the law say? The law says that in order for workers compensation to be able to collect from your personal injury claim, you have to be completely compensated for all economic and noneconomic damages. And so, what does that mean? Well, economic damages are pretty straightforward that is the medical care that's provided in the loss wages. Now, remember in a workers compensation claim, you're not paid your full loss wages you're paid 67% of your average weekly wage. So, there is some sort of offset there but more importantly in your non economic damages. Did you fully recover? A lot of if the insurance workers compensation insurance carriers going to be able to collect. It's gonna be based upon; Did you fully recover? Are you back 100%? If so, there may be a possibility that they could recover. However, most of the time it's very difficult for them and I mean when I say “them”, the workers compensation insurance carrier to crew that you as the injured worker have been completely compensated of all economic and noneconomic damages. But most of the time, that is a very high hurdle to overcome. Hope this information has been helpful and we'll see you on the next video.CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
We're following up on the other video about why insurance coverage is so critical in a car wreck? You get into a car wreck and are seriously injured and the other party has the minimum level of coverage at least in Georgia. That would be a what's called a 25:50 policy. No more than 25,000 per person, no more than 50,000 per occurrence or accident. Meaning no matter how many people are hurt 50,000 is the maximum of that policy will pay. So it's critical if there's a minimum policy and you have to go by lifeline cause of the seriousness of the injuries. That's gonna be 25,000 like that is there any other insurance coverage. Well that's what attorneys do initially when they start claims is they're looking to gather any and all insurance coverages. That includes uninsured motors coverage and sometimes you can stack. So you wanna talk with an attorney quickly especially if you're in a serious injury. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
We're following up on what we had talked about with UM coverage. UM coverage stands for uninsured motors coverage. It also stands for under insured motors coverage. And so an example that would be if someone hits you and has no insurance well then it's your uninsured Motors coverage that kicks in. If they have a minimum policy, and you have serious injuries and have 60 or 70 thousand dollars in damages and they only have 25,000 in insurance coverage at the at fault party, then the UM coverage becomes under insured coverage. So it covers um money in addition to the liability. Now, there are several different types not the scope of this video but there's add on and offset. And those will dramatically affect how much insurance coverage is available. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Wrapping up the topic of insurance coverage in car wreck claims. Why it's so important if you're hit by an uninsured driver, they have no insurance coverage whatsoever. Can you go after them personally will sure you can. The problem is, if they don't have insurance on their car it's may not be their car, one. If it is their car, it may not be a brand new car because they require insurance coverage especially if you're financing it. And so, these are things to take into account. If they have no assets, you can go after them all day long. But all you're doing is getting a piece of paper that says they owe you this much money. You can hang around and hope they hit the lottery but you and I both know the chances of that. So insurance coverage is critical. If you don't have uninsured Motors coverage there is no coverage and they don't have liability coverage, there is no coverage. And what does that mean? It means you're stuck. And now you're paying for something someone did to you and that is one of the No. 1 ways to go bankrupt. Stay safe!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
I know you've seen it. I've seen it. Driving around, you always see drivers doing ridiculous stuff. Reading newspaper, I saw one person reading a book. I don't know how you can stay involved in a book. But you see a lot of funny things on the road. Eating shaving; putting on makeup; and not always while the car stopped. So it's kind of kind of crazy out there. However, something you need to know is that wearing earphones or even earbuds anything obstructing your ability to hear or anything over your eyes can be a ticketable offense which could get you as many as three points. And so you wanna realize that, a lot of people are not familiar with that and you see a lot of people with either covered headphones or earbuds. And so if you're driving around you wanna pull the earbuds out you know take the headphones off. You really screaming to a police officer, “Hey!” "Give me a ticket!" "Tag three points on my driving record." And it's something that doesn't necessarily need to happen. Whatever you're listening to can wait. And certainly if you're blocking your vision well that you're becoming a danger on the road. And you don't wanna do that. You don't wanna do that for yourself. And you don't wanna do that for others. Living with the consequences of injuring someone else can be horrific. And so we all need to just take a minute. Do the right thing. Get to where we're going. Pay attention to the roadway, not to the phone and get there safely. Hope that information has been helpful. Stay safe!CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Did you know that there is a provision under Georgia law where you can remove Seven Points off of your driving record? How do you do that? Well, you can go online to the Georgia Department Driver Services and look for approved defensive driving courses. If you attend one of those courses, and then turn that certificate of completion in to the Georgia Department of Driver Services. And ask them to reduce points. They'll reduce up to Seven Points.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Got a question the other day what is a Nolle Prosqui? Well, a Nolle Prosqui is Georgia's way of saying that they are dismissing the citation that means the prosecutors are no longer going to pursue prosecution of that particular crime whether it's a misdemeanor felony, what have you. And so if you receive something that says an order for Nolle Prosqui that is a dismissal in the eyes of the state of Georgia. So if you have questions with that you should contact either your attorney. If you have one obviously. Or you can always reach out to the court just confirm that is a dismissal. Chances are absolutely it is as long as the judges signed off on the order and it's file stamped.CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Did you know that there is a provision under Georgia law where you can remove Seven Points off of your driving record? How do you do that? Well, you can go online to the Georgia Department Driver Services and look for approved defensive driving courses. If you attend one of those courses, and then turn that certificate of completion in to the Georgia Department of Driver Services. And ask them to reduce points. They'll reduce up to Seven Points.CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
We are back from a long hiatus. We wanted to start off this podcast with some general help for anyone who is hiring an attorney. We know hiring for an injury (what we do) is easy. However, what should you consider if you are hiring an attorney who practices in another area of law?
Take listen, leave us comments and if you have any questions, please reach out to us via text or telephone call at 912-233-1100 or toll-free 866-937-5454. Stay safe, Ty.
Hello. My name is Ty Wilson. And today we're talking about deposition preparation and some helpful information. And we're going to really cover today what you should not do if you're in a deposition. And we're going to start off by talking about answering the questions. You want to answer the questions that they ask, not the questions you think they want to know, the questions that they ask. And so what does that require? Well, that requires that you listen completely and attentively to the person who's asking the questions, which is going to be the opposing attorney. You want to listen, understand what they're saying. And if you don't understand, you want to ask. I'm sorry, I don't understand your question. Can you rephrase it? They will happily rephrase it. If they cannot rephrase it appropriately even your counsel may step in, as I've done in several cases. And so I think what they're asking you is to get clarification.
The most important thing is that you understand what it is that you are asking under oath prior to the deposition, you're going to be sworn under oath. Everything you say will be the truth, the whole truth and nothing but the truth. And so that is something that is very important. It's very critical. And so you do not want to guess. You do not want to mislead. You do not want to lie, you want to be Truthful. And you want to get through the deposition as quickly as possible.
Some other notes that we've made is, you don't want to talk endlessly. So when they ask you a question, you want to answer that question and answer that question only. You don't want to dance around it. If they say, Tell us where you live. “123 Main street, Nowheresville, Georgia. 3000. Not the address. It's a Ranch style house, all brick all around. I've got a little Creek that runs in the backyard. Our neighbors are really great in that neighborhood.” No, answer the question, the question only. If they ask you where you live. The better answer actually is Nowheresville. Georgia, what is your address? Make them ask you the specifics that they're looking for. If they don't, that's on them. That's not on you. Don't volunteer. You're there because you're required to be there. You're not there because that other attorney is your buddy.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what can you expect at a workers compensation settlement mediation? Hello. My name is Ty Wilson. I'm a Georgia Workers compensation attorney. Our question is, what can I expect at my settlement mediation for workers compensation station? Well, hopefully you're going through this with an attorney. If not, you want to consider one. That attorney is going to help you maximize what recovery you could have in a settlement mediation. But it goes really before that, it goes into who are you treating with? Where is your care at? Have you used your one-time IME? Are you getting paid properly? These are things that the attorneys check and try to position the claim in the best light for you as the injured worker. But as to the settlement mediation itself, the goal at a settlement mediation is to settle your claim.
If you have an attorney, they will go there with you, whether it's Zoom or in person. And then you will have the opposing attorney and you will have what is called a neutral mediator. There are different ways to do settlement mediations. There are private mediations where you have a private mediator, and then there is mediators provided by the Georgia State Board of Workers Compensation. Both of them are highly successful. And so that is not critical, whether it's private or whether it's through the board. The board encourages settlement as it helps reduce the case load and helps people move on their way and close claims. And so it's in everybody's best interest when you get to that point that the claim does settle.
And so what is it that happens? Well, there's a couple of different ways that we've seen the mediators handle these. And I'm going to refer to in person, and then I'll back up and we'll cover Zoom mediations, which is obviously something that has developed ever since COVID. And so back prior to COVID, everyone would meet at the mediation office. Let's say at the state Board of Workers Compensation, everybody would meet in a conference room and it would be opposing counsel may be a representative from the employer. They're certainly able to show. And then your attorney yourself and the neutral mediator. We'd all get in the same room. Mediator would start and say a little bit about the mediation process and the fact that it's confidential and the fact that you cannot use any of this information to subpoena or pull somebody into a deposition for a hearing down the road.
If the case does not settle on that particular day, it is like the mediation never occurred and you move on with your claim, same thing with the employer insurer. They move on with doing whatever it is that they're trying to do with the claim. So from that point on, your attorney will say some things on your behalf or you will if you don't have an attorney. And then the employer insurer attorney will say some things on the employer insurer's behalf and then the groups will separate. Typically, the mediator will go with the employer insurer, because typically, that's when they're seeking the initial offer from the employer insurer.
If you're represented by my office, we send a demand ahead of time. So we started off the process with a number. They come back with a number and we're usually up here. They're usually down here and we go back and forth, back and forth, not necessarily in the middle. But we go back and that's the negotiation of the mediation. At some point in that mediation, you will come to a number where the opposing attorney will say, this is my limit of authority. This is all I have. Authority is a fancy word for money that the insurance company has allowed this attorney to try to settle this case with.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website •
What if you're fired during the middle of your workers compensation claim? Hello. My name is Ty Wilson. I'm a Georgia worker's compensation attorney, and our question today is, what if you're fired during your workers’ compensation claim in Georgia? There are questions that I would have for you as far as how did the termination happen? Were you terminated because they could not accommodate you because of your injuries? And they told you just to go home. And they just said, you know what? This isn't going to work out. We have a construction job. We need you 100%. You hurt your back, we cannot have you back. So we're just going to part ways and they terminate you. Well, if that's how it happened. Good news. You should still get income benefits as long as you're not full duty, meaning weekly checks and still get medical care as it relates to your claim. And so that type of termination will not have a devastating effect on you. Obviously, if you can't go back to the work physically that you were able to do, then you're going to need to look for work at some point once you're physically able to do so down the road.
Now, how does that situation change and make it unfavorable to you? Well, if you go back to work, they return you back to work. And we had one individual who was set up by several guys. They started messing with him, calling him names, pushing his buttons, and he lost it, and Lo and behold, right as he lost it. Someone managed to video him getting upset, making outrageous statements. Some included threats, just very angry at the situation. Provoked but nobody showed the provocation or the guys were provoking. But it was five of them. And basically what they single handedly did is they got him terminated for reasons completely unrelated to his work injury. So what does that do? Well, that gives the employer and the insurance company the opportunity to stop the weekly income benefits. And that can be devastating to your claim. You still arguably have medical care as it relates to your claim. And so your claim would be deemed a medical only claim moving forward. But without those income benefits, that can be detrimental, especially if you are physically unable to work or in a very light duty capacity where it will be very difficult to obtain work readily available.
And so that is the distinction. The distinction really is based upon where you terminated for your work injury or because of your work injury. Were you terminated for reasons unrelated to your work injury. And so if you return back to work, you really want to talk to a Georgia workers compensation attorney. If you have one, you talk to your attorney. If you don't have an attorney, you want to reach out, we give free consultations all the time. And a lot of the callers that we speak with, we do not represent and never will it just depends on where their case is. A lot of people are just calling to try to get information, and that's one of the reasons we have attempted to address this in this video.
So it's critical that you understand the facts that relate to your claim because everybody's claim is different. We all work in different places. We all have different managers. We all have different personalities, and some of those personalities can be difficult. Adjuster can be difficult. Sometimes, adjuster can be great sometimes, but then the boss can be difficult. The boss can be great. The adjuster can be great. You have issues with the doctor. So there's a lot of different moving parts with these work injury claims.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what happens with your work injury if you don't get better? Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney, practicing law in the state of Georgia. And our topic for today is what happens if you don't get better. We have several claims where workers were working very physical, heavy construction like jobs, got injured and cannot return back to that form of work. And that is quite a difficult thing for someone, especially if they've worked in a specialized field for an extended period of time. A lot of times. The first questions or responses we hear is who's going to hire somebody in their 50s who's been doing such and such for 30 years? And now I can't come back to that line of work. And that is actually a very good question. Regardless, the workers compensation system will not continue to pay you forever. And so there are things that you should consider doing that would be in your best interest. But it does get you out of the workers compensation system.
Most of my clients are very happy to get out of the workers compensation system as they're very perturbed of being controlled. They receive their check one week on a Saturday, next week, it comes maybe the next Wednesday. And now it's like a week and a half. And there's a lot of sportsmanship with these checks. And of course, the insurance company says, Well, it's the postal service. Well, we've just received notice that the postal service will be delivering slower. So the question is, are we in for a lot more of that? Well, those are questions and answers to be determined at another time. But the reality is the doctors can only do so much. And once they get to where they don't believe they can help you, they're going to say, I'm sorry, you're as good as you're going to get. I believe you're at maximum medical improvement.
Now, saying that does not mean that is the end of your care. It certainly implies that that is the end of your care. However, a lot of it depends upon the doctor, who is the doctor treating you? And is there someone who may be a better fit for your type of injury? A specialist in a different area depending upon the body part injured. However, if you have several doctors who have said, MMI. You're looking at a situation where then, yes, they are saying you have benefited as much as you're going to benefit through medicine. They don't believe there's anything medically speaking that they can do to improve your condition. And so you are at maximum medical improvement. And that just means that they don't think there's anything else they can do. They may keep you comfortable. They may send you to pain management, which will basically mask the pain and prevent you from feeling the discomfort that you feel. But it's not so much to get better and get back to work.
And so once you're at that point where you're medically not improving, and there's nothing that the doctor can see that he thinks he can improve your condition. The question is, is there another doctor? If not, it may be the time to think about closing out your case and settling. If you're getting checks, they're once again not going to pay you forever. First of all, claim is typically 400 weeks. Unless there's a light duty restriction in what's called a WC 104 file, they can knock it down to 350 weeks. They can also knock down how much you're being paid if you're at the maximum rate after one year through what's called a change of condition, or WC 104.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney. And today what we're going to do is we're going to prepare you. We're going to give you a short version of preparing you for your deposition in a work injury claim. And so what that means is this is designed to give you something to look at right before you go into the deposition. You don't have a lot of time. You just need to know, really the essence of what you need to do and what you don't need to do. And so we will make longer videos with longer content on the times when you do have extra time to prepare for your depo.
So let's start off with answering the question before you can answer the question, you want to listen until they have completely asked the question. You do not want to cut them off. You do not want to stop them. You do not want to assume you know where they're going with that question. What you want to do is you want to listen, and as soon as you hear them, stop the question. You want to count in your mind 1000 and 1002. Give them a second in that 2 seconds or 3 seconds or as long as you want it to be. That is your opportunity to develop your answer and respond. You want to respond yes or no when you can. But there will be questions that you are required to provide more of a long form answer, such as “explain how you got hurt”. Well, you can't say yes, obviously. And so you want to keep your responses as short and succinct as possible.
The more you talk, the more doors you're going to open up, which will bring more questions from the opposing attorney. They're waiting there. They're listening. And if you go down a rabbit hole, they may take you down a rabbit hole may not mean anything, maybe a waste of time. It may be something that is very detrimental to your claim. And so it is best to keep things short, succinct respond to the question and the question only do not volunteer information. So I give three guidelines whenever you're going into a deposition. If they ask you a question that you do not understand, if you don't understand, you must have the wherewithal to let them know that you don't understand. The more important part is that you're not guessing at what it is that that attorney wants to know. You need to know for sure. You need to be very comfortable. That's what they're asking of you and then respond accordingly.
Number two, if they ask you something that you don't remember, you can tell them you don't remember. However, if you don't remember at your deposition, they are locking down your testimony. So that what you say in your deposit is what they're going to hold you to if there is a hearing. And so you can't remember something new if there is a hearing. So what if there's something that you know the answer is written back at your house? It's on a piece of paper. It's somewhere else. You can find it, but you don't know it now. What you can do is you can respond accordingly. I know I have that information at my house. I don't remember the specifics.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Will you win your Georgia workers compensation case? Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney practicing law in the state of Georgia. And the question we get a lot is “If I decide to go to a hearing while I win?” Well, we cannot tell you yes or no. Everything that matters when you're dealing with a Georgia workers compensation claim is what is called “evidence”. An evidence is what you have that you can prove. We all know that there are certain things that happen, but if you can't prove them in a court of law, it's like they didn't happen. And so evidence is what you must base your case on. And in reality, anybody who says yes, you can win. Well, if you've got a Slam dunk, yes, you can win case, you really shouldn't be out of hearing. Okay.
There are times when the other side, employer insurer may not know details for some reason, but I think for the most part, once all the evidence is laid out, they're pretty realistic in their expectations and will not drag something into litigation, typically speaking without a reason. And so if there's something they are continuing to fight, there's probably some evidence or maybe some surveillance or video footage of you doing something you shouldn't have been doing or something along those lines. And so it's important to find that out into what is called discovery. But will you win your case? That's a complicated question.
There is no guarantee that you will win everything you're seeking in a workers compensation claim. And so for any attorney to tell you otherwise, I think is somewhat reckless. The only way you find out if you win is by going through the process. And I'll say this a lot of times. What is considered a win is also a question Mark. In workers comp you're seeking medical benefits as it relates to your work injury and income benefits, if you've been taken out of work for more than seven days or on light duty or out of work completely for more than seven days. If you're on light duty, the employer cannot accommodate your restrictions. Okay.
Will you win all of that? Well, the question is, what evidence do you have? Do you have work status reports that show that you're out of work or that you're on light duty? Do you have a name of someone at the employer's office that says, hey, just stay home. We can't accommodate your duty restrictions right now. We need somebody who can do work. That does happen doesn't always happen in writing. And so the more evidence you have in support of your contentions, the better chance you have of winning. But as far as Slam dunks, well, those are far and few between they are out there. But once again, if something is a Slam dunk, it doesn't need to be on a hearing calendar.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what is your workers compensation claim worth? Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney practicing law in the state of Georgia. And so we're going to be talking about Georgia workers compensation claims today. Well, in Georgia workers compensation claim, we have a lot of injured workers who are upset and they're in a great deal of pain, or they've gone through some painful procedures, such as surgeries and so forth. And they usually have a figure that they want in their head when they're talking about settlement. And they want to know how much will my claim settle for? And the reality is we are pretty good at talking about a range of settlement values. However, in determining the value of a settlement, there's three things that they look at.
We look at the weekly checks. Are you receiving weekly checks? Well, how many weeks in the future are you going to continue receiving those weekly checks? If you know that and you are guaranteed that amount? Well, we can guarantee at least that time frame that you are going to receive those checks. Now, is there anything that can happen that would shake that up or change that? Well, of course there is. If you're in your car driving to a doctor's appointment and get in a motor vehicle collision, which aggravates and or interrupts your injury that may cut up the exposure for the workers compensation insurance company. And now you may have an auto insurance claim. Not that you want that. But I'm saying there are things in life that can change. So there is no guarantee that you're going to get paid that many weeks in advance. And so that's what inherently makes it hard to get a cold specific number. There are ranges of values, and as attorneys, we get familiar with them, as we have handled many cases through the years. If you have a worker's compensation attorney on your claim.
And so one of the big things is how much are you getting paid per week? Is it a low comp rate? Are you making 200 a week or is it a higher comp rate and you have the Max rate, 675 per week? Well, that has a big determination on the future value of the claim. In addition to that is future medical; How many future medical appointments will you have with orthopedic will you need another surgery? Will you need to go under injections or have injections? We need to have more expensive diagnostic testing, such as MRIs, EMG, nerve conduction studies, milligrams, etc. Or are you pretty much done with your care if you're done with your care, well, then there's not a lot of expected future medical care, and that will affect the value of your claim.
And so we talked about the weekly checks. We talked about the income benefits. The last thing is permanent impairment. A lot of people say, oh, permanent impairment. This is where I'm going to get the pain and suffering. It is not to be confused with pain and suffering at all. It's a number that can be calculated to the Penny, so long as you know three things. One, what is the weekly check amount? Two, what body part is injured and what weeks are associated with that body part that can be determined rather easily? Three, what is the impairment rating? Impairment rating is something that the doctor will give you based upon your conditions. And based upon what is called the AMA guidelines. And so they determine what percentage of impairment for a particular body part based upon your functionality. If you know those three numbers, then yes, without a doubt, you can calculate that to the Penny.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Is the insurance company required to take care of me if I’m injured on the job? Hello. My name is Ty Wilson. I'm a Georgia Workers Compensation attorney practicing law in the state of Georgia. And our video topic is just that, “Is the insurance company required to take care of me if I'm hurt on the job?” Well, the short answer is there would be maybe. First of all, are you an employee? Second of all, does your employer have three or more workers full time? Third, do they have workers compensation insurance coverage? Some guys don't. And if they don't, it's much more difficult to deal with an employer directly when they're not covered under the Georgia Workers Compensation Act.
And so there are a couple of what we call preliminary or questions early on questions you need to get answered. If you're an employee and your employer has three or more employees and has workers compensation insurance and you're injured, what is called in the course and scope of your employment, meaning you're doing the job you're supposed to be doing for your employer, then more likely than not, yes, you have a work injury. However, we like to just say if you were hired to do something and you were doing that job, chances are that is a work injury. Reach out to a Georgia Worker’s Compensation attorney. Get confident that you do have a work injury. Now, the insurance part that's going to be separate. But that also helps in moving the case along.
What happens when you first get hurt? Well, you need to speak with your employer. You need to say, “hey, I've been injured on the job. I need medical care.” Need to let them know immediately. We have a lot of people that give us a call and they say, “oh, I was hurt on the job, and this is horrible. And they're not getting me medical care.” I said, “Well, did you ask them for medical care?” “No, but they know I was hurt.” Take out the guesswork. They may know you're hurt, but you need to tell them directly. “I need medical care. I was hurt on the job. I need help with medical care.” They should provide you a list of doctors. It's called a posted Panama physician.
And so if you're in this position and you're getting nowhere with your employer, you do need to call Georgia Workers Compensation attorney. If you're getting medical care, the question is, is quality medical care? Some medical care is better than others. Some medical care. You only need to go to an urgent care clinic and you're in and out. You're done well, you don't need an attorney if that's the case. However, if you've got a more serious injury, whether it's a back injury or an extremity injury, whether it be a shoulder, knee, hip or an ankle, and you're having greater problems and the urgent care doesn't seem to be doing anything for you. You should reach out to a Georgia worker's compensation attorney. Try to get the information and guidance that you need to move forward.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So here's a question we get all the time. How much is a worker's compensation lawyer going to take from my settlement? Hello. My name is Ty Wilson, Georgia Workers’ Compensation attorney practicing law in the state of Georgia. And our question today is, “How much do the attorneys get paid? Who helps represent the injured worker?” Well, the short answer is it is what is called a “contingency fee contract”. And what that means is you do not pay any money up front. The attorney will obviously want to make sure that you have a valid claim that they're trying to pursue for you, because if the attorney is not successful, the attorney gets absolutely nothing.
And so it's important that they think that your claim qualifies as something worth pursuing. And if so, they'll ask you to sign a contract. Well, the contract says if there's a recovery, the attorney is entitled to 25%. If the attorney has to fight to get your checks cut on. And when I say fight, I don't mean to send a letter. I mean, if the attorney has to file a hearing, has to sit in a deposition, has to compose and draft discovery request to go to the insurance company and the employer and has to answer discovery requests that come from the insurance company and the employer, then have a hearing on the matter and get a decision in order to get your income benefits cut on or press them enough that they can get in assent order to get your benefits cut on, they would be entitled to 25 % of your weekly income benefit. That's not something that happens a lot, but that is a possibility. And that's something you should know about.
Now, in addition to the fees, there could be expenses. What expenses? Right. Well, postage. There's a lot of stuff that goes out in the certified mail to make sure people have received it, especially notice of the letter of representation and so forth. Mail to you, the client notice of mediation, notice of depositions, request for medical records. Those cost money as well. Those would all be expenses that would be separate from the attorney fees. And so in our agreement, we will provide and everybody should an itemization of every expense that has been expensed on the file and that we're seeking reimbursement for. And the board requires it as long as it's over $150 by those are the cost and expenses. So the fees (25%) and then any cost that's associated with that.
And so hopefully that will answer your question as far as what the attorneys would receive if there is a resolution on a case, and if there is a resolution in the case, there will be paperwork that breaks down exactly what those amounts are to you and to your attorney. You want to calculate it, just double check it, then take a few seconds to do that. And then whenever the resolution ends the case, there will be two checks. One to you the claimant and then one to the Attorney's office. And usually they're both sent to the attorney to the attorney to monitor the days and make sure that there's no late penalties that need to be applied to it. And so that is how it usually unfolds.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Do you really need a lawyer for your workers compensation claim? Hello. My name is Ty Wilson. I'm a George workers compensation lawyer practicing law in the state of Georgia. And the short answer is, it depends completely upon your injury. If you have a very minor injury, you really don't need an attorney. You need to get the care you need and you need to get back to work. You're going to make more money staying at work and remaining gainfully employed and dealing with the minor injury and letting the employer and the insurance company pay for the injuries if they're mild.
So if you have a serious injury where you need surgery or may need surgery, the bigger question is, are you going to be able to physically return back to work? And if that's a question Mark, you likely do need an attorney to help you. And the reason for it is not necessarily what you see, but what is going on in the background. These insurance companies spend a lot of money on nurse case managers, and these nurse case managers are reaching out to the doctor. When you're not around, they're supposed to provide you notice. None of them ever do. They're supposed to notify you. Ten days before they're going to meet with the doctor and invite you as the patient to be there. They never do. So what are they doing? They're working on the doctor releasing you back to work. That doesn't sound like a bad thing. And in fact, that's how they pitch it to the doctor. Hey, Doc, do you think they can get back to work? Maybe light duty, maybe something sitting at a desk, even if that's not your job.
And so where that comes into play is the employer. If you don't work at a desk job and they make a desk job for you, really, what they're doing is they're stopping the checks for the insurance company and making sure that the employer takes back the employee. But if they created a job, well, the question is, do you think they're going to keep that job that they just created to get you back to work forever? It depends on what you're doing. If they've created a new position, there's a chance. But I don't think that the chances are that great. And so you have to look at the whole picture when you're injured on the job. If you know other people who have been injured on the job, did they return if they did? Well, maybe they had a minor injury, or maybe the employer brought them back to work. Maybe they hired an attorney. Maybe they didn't. Sometimes when you hire an attorney, the employer will take a more aggressive stance towards you. The insurance company will always take the aggressive stance. You are threatening their bottom line, which is money in their account. That's how a fictional insurance company exists, taking in premiums and paying out as little as possible.
The workers compensation laws are supposed to be there to protect the employee. If you've been injured and you've suffered a work injury, you realize rather quickly the laws appear to really be protecting the employer. However, there are ways to meander through the system, and the reality is there is a sort of balance with the system. And so if you're lost and you're meandering through a system in which you might need a surgery or you need care, you're not getting the care you need. The answer is yes. At that point, you do need an attorney.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what should you expect in expungement in Georgia? Hello, my name is Ty Wilson. I’m a Georgia Criminal Defense Lawyer practicing Law in the State of Georgia. And our topic today is, “What should you expect on an expungement manner in the State of Georgia? And honestly the term expungement is no longer used in the state of Georgia. Now it is called “Record Restriction”.
And so, there’s 2 different things you wanna deal with. You wanna deal with record restriction and sealing the record. And those will secure different access information from different people including the court clerk. And so when you’re seeking a record restriction and sealing of your past records, there are certain requirements. You need to speak with an Attorney who handles these types of matters so they can tell you if your charge is qualified. If you have had any other record restriction you are only limited to a certain amount. And so, there’s a lot of rules and regulations, a lot of details which are far beyond the scope of this video itself.
But some of the general guidelines, what you can expect is typically our experience is been you can expect. The District Attorney office do not consent and or agree to you having your records restricted and in fact they will stand in the way of you getting your records restricted. So you have to petition the court typically for a hearing, and you have to have a hearing in front of a judge. And the district Attorney office is going to argue their case is, why you should not get your records restricted. And you’re going to need to argue your case why you should get your records restricted. An example would be, your right to privacy outweighs the publics’ information or the ability for the public to only take a look at the information on your rest.
Now, there are many, many requirements in order for you to even be able to follow for records restriction. And along that depends on were the courts, were the charges were 2013 or not. Because of that, that’s when there was a big change and all the court’s started doing the record restrictions automatically. However, before that you have to be a little more protective. Now, just because they may have restricted your records, does not mean that they sealed them. And the sealing is the second part of it, and it’s also something that you want to get.
Make sure you get done because there are certain places such as jails and or other avenues where employers can seek to obtain if you’ve ever even been arrested. And so, when they ask you in your application, they’re double checking. They’re making sure, they wanna know what they are dealing with someone who is honest. If you say NO, and you have and you forgot about something, the chances are you're not going to get that job. So that’s how that could potentially affect you. Anyway if you have more questions about expungement and or what we call like I said in Georgia now, records restrictions and sealing of your past charges, please feel free to give us a call. We hope this information has been helpful and we’ll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Can I get a lump sum settlement in my workers’ compensation claim and then return back to work? Hello, my name is Ty Wilson. I’m a Georgia workers compensation Attorney practicing Law in the State of Georgia. And our topic for today is, “Can I settle my workers’ compensation claim for a lump sum settlement and then return back to work?”. And the short answer on that is,YES.
However, if you are settling a worker’s compensation claim with an employer, there is a very likelihood that as a condition of the settlement, you will need sign some other documents. You will need to sign the settlement for the lump sum, what is called “stipulation and settlement agreement” for Georgia state board of Worker’s Comp.
And in addition to that, they usually require or request that you sign a voluntary resignation and a release. Let’s talk about the voluntary resignation. If you are planning on returning back to your same employer, then the likelihood of getting a lump sum settlement and then returning back to that same position and same work, would be slubbed.
If however, you have another job lined up and you’re looking to get the lump sum settlement and then start this other new job, then that is something that could, you could possibly do. And so if you have specific questions, it’s always recommended to always reach out to a Georgia Workers Compensation Attorney. Speak to them about the specifics of your particular claim. We hope that this information has been helpful and we’ll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
“I was injured on the job and I didn't report it, I didn't think it was serious. Now I'm really hurt. What can I do?” Hello. My name is Ty Wilson. I'm a Georgia Workers’ Compensation attorney practicing law in the state of Georgia. And this is a question we get a lot. The short answer is you need to report the injury as soon as possible. The chances are the employer is going to treat you like something is up like something is crazy. They could potentially terminate you.
The reality is this, when you're injured on the job, you need to report that injury immediately to a supervisor or as quickly as possible. If you don't, you will be barred, meaning you cannot bring a claim after so much time. And so if you haven't provided notice to the employer of your injury and that you need medical care within 30 days, I can assure you that the employer and the insurance company will deny the claim, and force you to file a hearing. And the question is always going to be, when did you tell us? And why did you wait so long?
And we hear a lot of things like, well, I didn't want to lose my job. Well, if you're hurt to the point where it's becoming serious now, you're not going to be able to work a job you don't want to lose. And that doesn't really make a lot of sense. And so if it's a minor injury, you let it go, you're going to end up having to pay out of pocket. How do you know? Well, you don't. And that's the trick. If you don't know if it's serious or not, you need to report the injury. You need to seek the medical care. And if you feel like you've got questions, you need to reach out to a Georgia workers compensation attorney, someone that you can find that you trust and someone that you have as a sounding board. Am I doing this right? You're going to feel like you're blind running through the Woods, hoping you're not hitting a tree.
And so that's the benefit of getting a Georgia worker's compensation attorney involved in your claim. They can help walk you through the minefield. If it's a minor injury, get the treatment, get back to work. And don't worry about any type of settlement or resolution. The reality is any type of settlement or resolution in a workers compensation claim is not going to set you for life. They may buy you some time. It may give you some money for rainy days, but it will not set you for life.
And if you're gauging your decisions based upon, well, how will this affect my workers compensation claim? That's really not the right way. What you need to do is, you need to figure out what is the best way I can get back on my feet and get back to work and start making money for myself and my family. The workers compensation claim may or may not come into play with that, but it's not going to set you for life. Hope this information has been helpful and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
I was hurt on the job, and my employer is saying that I need to use up my sick leave before they'll kick in workers’ comp. Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney practicing Law in the state of Georgia, and a question for today is Do I have to use my sick leave instead of going on workers Comp? And the short answer is no, you don't have to, but it may be beneficial for you, too. And let me explain why.
So if you're injured on the job and you're unable to return back to work, at least for a short period of time at that point in time, the first seven days workers’ Comp does not have to pay you anything. After 21 days of being out of work consecutively, they are required to pay you for that first seven. So the first seven days, so they'll catch up over the course of 28 days, and then they'll pay you weekly weekly income benefits.
Now, those weekly income benefits, though, are calculated at a discounted rate. And what I mean by that is they take your average weekly wage and then they pay you 67% of it. Now they don't take taxes out. However, it's still going to be two thirds of your average weekly wage, and it's capped currently under Georgia law to cap at 675 per week. That changes from time to time and is changing rather often lately. So you may want to check after you see this video and see if in fact it has changed again. But currently, 675 is the maximum that someone is receiving in Georgia for a work injury under the workers compensation system.
Once again, if you use your sick leave, likely that will be just like you had a paycheck. Now you will be using up your sick leave. That's the downside of it. But the upside of it is you will make your full paycheck versus the reduced amount from workers comp. If you're seriously injured, you may not be returning back. You may want to use that sick leave and maximize the amount of money that you can receive. Once you use up your sick leave, then you can kick into workers compensation and get the reduced rate at least at that point in time.
You can try to do some more planning as if you're seriously injured, you're probably going to be out for a considerable amount of time. Certainly it depends on how much sick leave you have and so forth, but you want to use it strategically if you can. And so if you use up your sick leave, then workers compensation should kick in. And from that point on, you'll continue to receive those income benefits as long as you're out of work completely or on light duty restrictions and the employer cannot accommodate your restrictions. I hope this information has been helpful and we'll see you on the next video. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what are three things you need to know about surveillance? Hello. My name is Ty Wilson, Georgia workers compensation attorney practicing law in the state of Georgia. And what we're talking about today is surveillance or the insurance company hiring an investigator to follow you if you've been injured on the job. And we're talking from the state of Georgia perspective. We see this from time to time, and I guess the most important thing now is that:
One. In all cases, they're not necessarily just going to hire investigator can be very expensive. And so if they're not paying you income benefits and especially if they're not paying you income benefits or medical benefits, and they denied your claim entirely, there's a pretty good chance they're not going to waste their money hiring an investigator to follow you unless you're claiming some pretty outlandish stuff. However, if you are receiving medical benefits, well, there's a possibility that they'll hire an investigator. It just depends upon how serious the injury is in the nature of the injury.
If you're receiving income benefits, I would say you're always a target to be followed by an investigator. They have to hire a private investigator and they'll follow you. And usually the times when they're looking for you and following you is when you're out in public. But keep in mind that workers compensation claim. There are certain things are situations where the insurance company knows where you will be, such as if you're in litigation on your workers compensation claim, then they're going to know that you've got to go to that deposition. They'll have an investigator waiting for you outside your Attorney's office, just waiting for you to hop into your car and follow you from there.
If you have medical appointments and remember, the insurance company has to approve and authorize all medical appointments. Another time would be if you have a hearing. Well, certainly they know you're going to be there at the hearing and you're going to leave the hearing at some point. And at that point, they can follow you as well.
What are they trying to do when they follow you? Are they trying to intimidate you? Well, not necessarily. What they're hoping you'll do is they're hoping that you'll do something that the doctor says you shouldn't be doing or you can't do. And they're hoping to catch you doing those things, whether it's limited walking, driving, no lifting more than 15 lbs. I want to catch you at the Home Depot lifting a 50 pound bag of something. That's what they want to catch you doing, because what they do and how they use these videos and the investigative reports is they will go to your authorized treating physician or your main doctor and your workers compensation claim, and they'll say, hey, Doc, we know that you said this person couldn't return to work. But we wanted to show you this video and see if you still believe they can't do these different things.
And a lot of times the doctor will feel insulted, let down like you lied to them about how you were hurt and they become resentful. And obviously you're not there to explain the situation. They do this all behind the scenes, and they're allowed to, unfortunately, and the doctor will release you then full duty, not even seeing you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Is the employer required to hold my job if I'm injured on the job? Hello. My name is Ty Wilson. I'm a Georgia Workers compensation attorney. And our question for today is, “Is my employer required to hold my job if I'm entered? And the short answer is No. There are some programs that can come into place that can help protect you, but it's not every employer that has to fall under them.
And so what I'm talking about is, there is something called the Family Medical Leave Act (FMLA ). And what is that? Well, that's a federal program but doesn't qualify that all employers are under FMLA. And so I believe the current threshold is there must be 50 or more employees for the employer to fall under the FMLA requirements. So there's less than 50 employees. The employer does not have to give you FMLA time. And something that's important with the FMLA is it's not a guarantee of any benefits other than protecting your job for up to twelve weeks.
And if you've used part of your FMLA, this is twelve weeks over the course of the year. And so that's some things that you need to know about and be prepared for. If you're injured and you're going to need to be out of work for an extended period of time, FMLA may be something you want to think about in order to keep your job available. But after those twelve weeks, if you fall under the FMLA umbrella, they do not have to keep your job open and can terminate it.
If you do not fall under the FMLA or Family Medical Leave Act umbrella, they do not have to keep your job. They can terminate you. They choose to terminate you, though, and you're on light duty or you're out of work completely. The Workers Compensation Insurance company should be issuing you something called income benefits. We'll do another video on covering income benefits and how much and how often and so forth. But the long and short of it is if you are taken out of work completely or you're on light duty and your employer cannot accommodate your life duty restrictions and your employer terminates you. Well, they should be issuing you income benefits, If however, you are full duty, the employer is not required to pay you any income benefits, or the insurance company is not required to pay you any insurance income benefits, and the employer is not required to keep you employed. You could have what is called a medical only where you're only receiving medical care. And if you're full duty, that employer can terminate you and it will continue to be a medical only claim. And so we hope that this information has been helpful. And we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So if I'm hurt on the job and I'm not able to return back to work in that position, is the employer required to find me another position within that company? Hello. My name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our question for today is really; “Is the employer required to find me a position to work in if I can't work in the job that they had originally hired me for?” And so the short answer, it's very short answer is “No”.
They are not required to find you work now, that doesn't mean they won't create a light duty job to get you off of the income benefits from the insurance company. However, they don't have to. They have a choice in the matter. And so if they want to bring you back, then they likely will bring you back. And if they want to make that light duty position a full time job, well, certainly they can do that. But that's going to be up to the employer. And a lot of it's going to depend upon what you're doing for the employer. And is it beneficial to the employer or is it a full time job or is it a part time job and what heavy. And so they're not required to do that, but they can. And so that's going to be on an employer b y employer basis. I hope this information is helpful. And we'll see you in the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello. We're here for the basics of Georgia workers compensation. And today we're going to talk about income benefits. Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney practicing in the state of Georgia. And our discussion for today is a general explanation of income benefits and how they work under Georgia workers compensation law. And so we discussed in a prior video, medical care. Obviously, when you get injured on the job, the most important thing you can do is notify your supervisor, and or your boss that: one, you've been injured, and two, you need medical care for your injuries. Depending upon if your employer has what is called a posted panel of physicians, they may be able to control who you get to see for your medical care. We discussed that in our prior video.
Well, now we're looking at a situation where you've either been taken out of work completely for more than seven days or you've been released to light duty, and your employer cannot accommodate your light duty restrictions. So Let's say, for example, that you're injured on the job. You're working construction, you hurt your back and you're on light duty, sedentary duty. The doctor says you can only do sitting down work. And your job is typically at a construction site. Well, your employer may say, Hey, I don't have any of that type of work. You just go on home. And if they do, it's going to be important that after seven days, there's a discussion with the adjuster on are the income benefits starting or where we at on that. You should be entitled to that, so long as you're an employee and you meet all the other things that we discussed in our prior video
And so what does that mean? Well, typically in Georgia, you're paid weekly, and so you're given a weekly check. So how do they calculate that? Well, they take from when you're injured and they look back before your injury 13 weeks. And does it not matter if that was the slowest time of the year or hopefully, that was a great time of year for you, depending if your wages are consistent, it's very easy to calculate. You take your average weekly wage over those 13 weeks, your average amount, and that becomes your average weekly wage.Then you take two thirds or 67% of that number. And that is what is called your comp rate. Now, if that number turns out to be above 675 dollars per week, currently, that is the Max. Those numbers are always changing. We're talking this is the middle of June 2,021. And so currently the Max rate is 675. That is subject to change and increase down the road. So if this video is older as you're watching it, you want to reach out to Georgia worker's compensation attorney or reach out to the Georgia State Board of Workers Compensation and just ask, what is the maximum rate of income benefits today?
Also, once that number is determined, that kind of follows you around, and that is what is called your temporary. If you're receiving income benefits and you're out of work completely, it's called temporary total disability, meaning you're totally disabled temporarily. And so you'll be getting those checks so long as either you're out of work completely per your doctor or you get released to light duty and your employer cannot accommodate your light duty restrictions. Keep in mind, as you're receiving this medical care, it is anticipated that you're going to improve in your condition.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello. This video is about your guide to the basics of workers compensation. Today we're focusing on medical care. Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney, practicing law in the state of Georgia. And so Let's get into medical care. In order to obtain medical care for a work injury claim, you must be an employee, meaning you're not an independent contractor. Now, there are several questions as to what determines if someone is an employee and or an independent contractor. And that's something that we'd recommend you contact, reach out... contact Georgia worker's compensation attorney.
However, typically speaking, an employee is someone who has taxes taken out of their checks, and they are able to be controlled as far as their schedule or as they say, their time, method, manner and means. And so what does that mean? What means an employer can say, Hey, I need you here at eight o'clock and I need you to show up at eight o'clock and you'll be leaving at five. We'll get an hour lunch, you'll get a couple of breaks, etc. And when you get here, I'll tell you what to do. And then they start laying out a schedule for you. And that is typically what an employee is versus an independent contractor is typically someone where they say, I need you to do a job for me. We'll pay you for the job. We're not going to pay you hourly. You bring your own tools and show up whenever you can. We'll have that job for you, and we'll be ready sometime around next Wednesday. Something along those lines. So it's a little bit different.But this video is not meant to determine the difference between an employee and independent contract. We can do a later video on that.
The important thing is if you are injured on the job and you are an employee, that is where you would qualify for workers compensation medical benefits. Now, there are some other things that you need to be aware of. As I said, first of all, you should be an employee. Second of all, you need to be physically injured, meaning a mental injury only will not apply in Georgia workers compensation. Also, you must be injured….Your injury must occur arising out of and in the course and scope of your employment. And those are two separate things. So a rising out of is a connection between your work as an employee and the injury that you received. And so there has to be some sort of connection so that's the arising out of the course and scope of well, that's where the employee is helping the employers business goals. So you must have both in the course and scope of employment. So rising out of and in the course and scope of employment. We typically say that means you were doing the job that you were hired to be doing to help your employer out. There must be a connection between, as I said, your work and the entry that you sustained.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Alright, today we're talking about three ways to destroy your Georgia Workers’ Compensation claim. Hello, my name is Ty Wilson of Georgia Workers’ Compensation Attorney practicing Law in the state of Georgia. And we're talking about three things that will absolutely destroy your claim. And so if you want to guarantee this is a guaranteed way to absolutely destroy your claim.
Number one, not reporting your injury to your employer. Sitting around knowing your hurt, you never tell your employer you hurt. You never tell your employer that you need medical care. Waiting about 30 days and then picking up the phone and trying to get an attorney to take your case. The guarantee is that they will deny the claim. And you're looking at long litigation which are likely not going to win. It's very important and very critical. And the way to overcome that is to report your injury as soon as possible. And to tell them, meaning your employer, you're hurt and you need medical care.
Alright, number two, “quitting”. Getting hurt on the job and say, “That's it. I'm done. Quit. I'm out of here, resigning.I'm not going back.” That is a guarantee to destroy the possibility of receiving income benefits. Does that mean they are eliminated forever? Maybe not. But it’s going to behind the.. It’s gonna require likely litigation in order to get your checks cut on. And it's also going to require possibly the need for surgery and that's if the claim is not denied in its entirety. And so you want to guarantee no income benefits when you get them and when you need them, when you're hurt at the worst state and time. Go ahead and quit.
Number three, getting medical care setup and no showing to your doctor. Why do you need to get there? Who needs it? You don't show up to your doctor, I guarantee you that your medical benefits will cease. If you're getting income benefits, they will likely cease and stop immediately. And so you want to stop your claim dead and is track. You want to guarantee that you can stop your claim, don't show up to any of the informants.
Now, I'm going to give you a bonus one as well. Hiring and firing multiple Attorneys. If you hire an attorney, you have the right to fire them. It's your claim. But if you hire that attorney and then you fire them and then you hire someone else. Remember, in a worker's compensation claim, the attorneys can file what are called liens for the time that they put in on the file. And when you've gotten multiple, every attorney that you hire is going to find out about the prior attorneys. And they're going to have to deal with them if there is any type of resolution down the road and negotiate with them likely for their leans. And so what you end up doing is guaranteeing yourself to deal with an attorney who takes on cases that have been handled by their attorneys. Some attorneys won't touch a case if there's a lien on it. And so you narrow your chances of getting an attorney that is going to properly handle the case. The guys who wheel and deal with leans well, they're in their own little world. You could affect the ability to get good counsel in your case.CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Have you been injured and are looking for a Workers Compensation Settlement calculator? Hello, my name is Ty Wilson. I'm a Georgia workers compensation attorney. And today we're going to talk about the questions that we need answered so that we can help determine a value for your claim. In order to determine a value for your Georgia workers compensation claim, There are several factors that go into making that decision.
1. Are you out of work? Are you back at work either with restrictions or back to full duty? Certainly, as you can imagine, if you're out of work and receiving weekly income benefit checks, your claim has more value. Then if you're back at work full duty.
2. What body part was injured? Was it a shoulder injury? Was it a back injury? Was it a finger injury? Certainly, back injuries carry more value with them than finger injuries.
3. Have you been given permanent restrictions or an impairment rating?
4. Are you still treating or do you need more medical care? As you can imagine, if you need more medical care, potentially diagnostic testing, potentially surgery or procedures, that claim has more value than if you've completed all of your medical care.
Now, if you'd like to speak with a Georgia workers compensation attorney to get an idea of the value of your Georgia workers compensation claim. Feel free to give us a call at the number in the screen.
If you're not ready to speak with an attorney, that's certainly fine. We've also written several special reports to help answer common, frequent questions that most injured workers have when they're thrown into a Georgia workers compensation claim.
If you're interested in ordering those, if you look down at the description, there should be a link to those special reports, and we're adding more each day. And so take a look at those. And then if you have any questions, feel free to give us a call. We hope this information has been helpful, and we look forward to seeing you on the next video. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
What happens when you return back to work? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney, practicing law in the state of Georgia. And a common question we get is “What happens, I've been injured on the job, I'm out of work, I'm receiving weekly checks, and now my employer is asking me to come back to work? And so what happens if I return back to work? Well, one of the first questions that you have to ask yourself as an injured worker is, “Are you physically capable of returning back to the work that you were doing prior to your injury?”
Some injuries you're able to heal and get back to the same type of work. And that's great. However, there are some injuries that are far more serious and you are not going to return back to work. And in fact, your doctor typically will tell you you're not going to be able to return to the same type of work you are doing. And so what happens in those cases? In those cases, it could be that the employer is just bringing you back to work so that the insurance company can stop paying you those weekly checks. It may not actually be a long term solution for you.
And so you want to really think long and hard about if you are physically able to return back to the work you are doing.
You need to know that once you do return back to work, if that's what you choose to do, that your weekly checks will stop.
And at that point, you have a deadline that starts running, and it's what's called an independent medical examination. You get one independent medical evaluation. The doctor of your choosing, paid for by the insurance company, up to the statutory amount for your injuries. However, you have to have it scheduled within 120 days of your last income benefit check.
If there's any questions to always recommended that you reach out to a Georgia worker's compensation attorney. But this would give you an opportunity for a second set of eyes. Second opinion, if you will. Based upon what your doctor has said. The doctor is releasing you to some form of light duty work and your employer is trying to bring you back to work. They're working to cut those checks off. And that's fine if you're going to get back to the job. However, if you're more seriously injured and you're not able to get back to that job, what do you do? Well, this is where you want to look into potentially exercising what is called an independent medical evaluation.
I always recommend you speak with Georgia Workers Compensation and turn in their deadlines. And things are moving pretty quickly, and you need to know who to go to. And certainly, a Workers’ Compensation Attorney can help you find a doctor who will listen to you and then discuss with you what is in your best interest.
One Last thing you need to be concerned about if you are returning back to your former job is What happens if you re-injured yourself? Well, depending upon how the injury occurs, you may have a new injury. It's not something you want to look forward to, and it's certainly not something you want to get involved with if you could help it, However, it is something that's there should you get reinjured. Depending upon if it is the same body part that was injured before or not.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Injured workers, have you been injured, taken out of work, paychecks, and now your doctor is releasing you to light duty? That's a question that we got sent to us today. And I want to address that in this video. It's going to be a little longer than our other videos. But if you have been released to light duty and are receiving income benefit checks, you're going to want to listen. Especially towards the end, as to some of the things you want to look out for in your claim. Hello, My name is Ty Wilson. I'm a Georgia workers’ compensation attorney practicing Law in the state of Georgia.
And our question, which was sent today from a gentleman, states, “I was injured on the job and taken out of work. I have received medical treatment and ultimately was forced to undergo surgery for my back injury. I am receiving checks from the insurance company for being out of work. However, recently I have been released to light duty by my doctor. What do I need to know prior to returning to work?” Well, this is one of the most critical times in a work injury claim. The last thing you want to do if you're receiving income benefits is when that employer calls you and says, “good news, we have light duty work for you” Well, there's a lot more questions than just that.
And so the first thing I would say is do not just return to work. This is a very important time in your workers compensation claim. And during the important times, you need to weigh out all of the possibilities that could happen as a result of returning back to work. So I recommend that you reach out to a Georgia worker's compensation attorney. We're happy to take the call, and we'll be happy to talk to you about what your options are. But there's some things to think about, and we've made some notes.
If you mishandle this, this could be a very detrimental or dangerous time and your workers compensation claim. So if you're taking out of work and you're receiving weekly benefit checks for temporary total disability benefits, you do not want to just return back to work. What is important is that the employer is required under Georgia law. More specifically, Board Rule 240 and the official code of Georgia annotated Section 34-9-240, which is the rules that the employer must follow. I know when you're nine workers, all these rules, all these rules, these rules contain me and limit me and limit who I can see and treat with and what my pay is and so forth. Well, the employers also have rules, and this is a critical one that you want to hold their feet to the fire. And it's called a return to work WC-240.
So what must happen? Okay, what must happen is the employer must put together a light duty job that they believe is obviously within your right to be restrictions, and they must send it over in the form of a WC 240 A to the doctor. They must also send you a notice that they are sending you WC 240 and that is coming. And so what must happen then? Well, then the doctor has to review it. Doctors are busy and then the doctor has to sign off on it. If the doctor doesn't sign off on it, they can't return you back to work. And that's really an important thing. It's very difficult when you feel the stress of being asked to return back to work, to sit there and say, I don't have the proper documentation.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So how and why would you want to settle your Georgia workers compensation claim? Hello. My name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney. And our question for today is how and when and why would you want to settle your workers compensation claim? There's a lot of things that go into settling your workers compensation claim.
The first thing that is very important for anyone to know is that you cannot just file a hearing and make the other side settle the claim. Settlement is completely optional, and that is for both the employer insurer and for the injured worker. And so it's highly recommended. If you want to settle your case, you probably should reach out to a Georgia workers compensation attorney, talk to them about where you're at, and they can give you some guidelines and some directions on why or why not. The insurance and employer may not want to settle at this time.
The same is true if they want to settle and you do not want to settle. Well, you may need an attorney to help protect you. As oftentimes when the employer insured want to settle, they put a great deal of pressure on the employee. And while I'm not going to go into great detail on our great depth of what they will do. There are very few lines that some of them will cross. And so sometimes you may need a Georgia worker's compensation attorney to protect you in those types of situations.
Meaning the employer and the insurer want to settle. But you need a surgery and you're not going to be able to function without the surgery. You've got to get the surgery. And so you may need an attorney to help protect you, to help shepherd you through the surgery. And then you can discuss settlement if that's something that you guys decide is in your best interest down the road. And so we discussed that to sell is completely optional.
Now, there are other factors, and there's a lot of them in a worker's compensation claim that make each one of these claims unique and different. Now they're all similar in a way. But some of the factors would include work status. Are you at light duty? Are you at full duty? Are you out of work completely? Are you receiving weekly income benefit checks? And so work status is a Biggie weekly check, more specifically, temporary total disability income than fit checks where you're totally out of work, or temporary partial disability checks where you're partially disabled, but the employer cannot accommodate your light duty restrictions. Well, those are different than if you're not receiving checks and you're at what is called a medical only status, meaning you're only receiving medical care for your injuries.
That could be a big factor as to why the employer and the insurer are not really interested in selling your case, because all they have to do is pay these reduced medical bills. And if they don't have to pay income benefits and they’re doing everything they can to make sure they don't have to pay in the future, well, chances are they are not interested in resolving it. Or if they are, they're resolving it at a lot more lower rate than they are. If there are future Meds, possible future surgery, possible ongoing income benefit checks, and they don't see where they're cutting off. And so those are all factors that can come into play.
And so, as we said, weekly checks, as we said, medical care, prescription costs. Are you now in pain management? Where are you going to have very expensive prescription medication for well into the future? And it's hard to tell when. Well, those are things that as an attorney or another attorney with the Georgia Workers Compensation who practice in that area can help guide you in obtaining the details and the information you need if you do want to sell.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website •&nb
If a loved one or myself has been attacked by a dog, what is the first thing and most important thing to do? Hello, my name is Ty Wilson. I'm a Georgia personal injury attorney practicing law in the state of Georgia. And our topic for today is, “What is the first thing you do after an animal attack and or dog bite?” Well, the first thing you want to do is you want to get medical care as quickly as possible, especially depending upon the severity of the injuries. That is the absolute most critical thing that you can do.
After you receive the care, or perhaps you can solicit a family member who has not been involved in the incident, you want to reach out to police and or animal control or both and file a report and have them investigate. And get as much detail as you can about what happened to them so that they can do their investigation. And determine if there's someone who they can follow up with and who is responsible for the dog or animal. Either way, that's going to be critical and helpful to you in helping try to reimburse you for medical expenses that you're going to end up having to pay out as a result of those types of injuries.
If there is no injury, you really don't need to worry about that. You can still file a report to put the homeowner on notice that the dog has attacked, but there was no serious injury. And that way, the dog owner then will have a duty to make sure that they are diligent in keeping their dog contained and following whatever the laws are in that area. Whether it's a leash law or containment law. What if this information has been helpful? And we will look for you on the next video.Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what is the statute of limitations for a dog bite case? Hello, my name is Ty Wilson. I'm a Georgia personal injury attorney practicing law in the state of Georgia. And our topic for today is. “What is the statute of limitations on an animal attack and or dog bite case?” That is a personal injury case, which is two years from the date of injury currently under George Law. Always subject to change. Do not rely on this video.
It's always recommended that you reach out to a Georgia personal injury attorney who handles cases in the state of Georgia and can tell you what the personal injury statute of limitations is at that point in time. It has stayed pretty consistent throughout the years, but it is always subject to change. And so you want to reach out and get first hand knowledge of what that statute of limitations is, which, as I said, is two years currently under Georgia statutes. However, “always subject to change”. Wish you luck. Let me know if you have any questions. We'll see you in the next video. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
What happens if I'm attacked by a dog while I'm working at someone's house? Hello, my name is Ty Wilson. I'm a Georgia personal injury and workers’ compensation attorney, practicing law in the state of Georgia. And in this type of situation, I have actually known someone who has been attacked by a homeowner while they were working helping them. I believe it was with their air conditioning unit.
And what happens in that type of situation is you potentially have two claims. The first would be a workers compensation claim. That claim would provide you a certain set of benefits, and then the personal injury may provide you a second set of benefits. There are different things that have to be proven. There are different things that have to happen for each of these two different claims.
However, if structured properly and you would want an attorney who handles both types of claims like that, you can obtain benefits for both. At least that's the idea. And that certainly depends on the nature and severity or how severe and how bad the injuries are. I hope that information has been helpful, and we will see you in the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what if I'm attacked by a friend and or neighbor's dog? Hello, my name is Ty Wilson. I'm a Georgia Personal injury Attorney practicing Law in the State of Georgia. And this is a question that we received recently. “What if I was attacked by a friend and or neighbor’s dog?” Well, certainly that may strain the friendship. It depends on how serious the attack was.
And is the friend and or neighbor going to work with you? If they're not going to work with you and they're not going to provide you any help and reimbursing you and paying you for what the dog has done? Well, once again, the questions are, “What are the facts? Was this something where you were over at the neighbor's house and you were provoking the dog?” Well, that's probably not going to go very well for you.
However, if you were minding your own business on your property and the dog gets loose from a lease or a fence or something comes and attacks you, that could be a different scenario. So facts are always critical. And there's so many facts, it’s way too many to list on a simple video like this. But the reality is this, if you can work it out with your friends or neighbors, that's always best as this can strain friendships and constrain neighbor relations. So you want to reach out to them and see if, in fact, there's something that they'd be willing to do and willing to help you with.
If it's severe, and when I say severe, we're talking severe surgery, hospitalization and extensive damages. You're going to want to reach out to a Georgia personal injury attorney and find out what your rights are. It doesn't mean you have to hire that attorney, but you do need to find out what are you potentially capable of recovering if there is coverage. And once again, that is based upon the facts of the attack. Hopefully you'll never have to go through that. We hope this information has been helpful, and we will see you on the next video. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So who is responsible for a dog bite injury? Hello, my name is Ty Wilson. I'm a Georgia Personal Injury Attorney and I practice law in the state of Georgia. And our topic for today is, “Who is responsible for a dog bite injury?’ And the question is that depends. It's very fact specific. Who was in control of the dangerous dog? And did they have permission? Was the dog being controlled by a leash of any sort? And so it's very, very fact specific.
So if you're ever in a situation like that, you want to try to gather as much information as possible. One of the biggest challenges as someone who has handled dog bite cases is finding out and verifying one that the dog has an owner, and is not a stray. Two, that there is insurance coverage for that owner, as that could be critical. If you have a stray dog, you really have no one who is responsible necessarily for that dog. And it becomes difficult to collect on any injuries or get reimbursed for the injuries, which can often be rather expensive. And so those are some of the things you need to figure out.
What is very important is after it happens, obviously, the first thing it really goes without saying is to get medical care as quickly as possible. But you also want to call Animal control for the County that you're in where the attack occurred. You want to if you can't get a hold of Animal Control, you can call 9-1-1. You can speak with the police, they will come out. They will also make a report and likely turn it over to Animal control if that is their procedure for that County. So those are some of the critical things, but it's very fact specific.
And so you may not be able to get some of these details. That's why it's important to get the police involved as they'll investigate as well, to see if they can locate who the dog owner is. And if you know who the dog owner is, let them know. And they'll gather the information that may help support if there is in fact insurance coverage or not to be able to reimburse you for the medical expenses that you will be coming out of pocket for. Hope that information is helpful. If you ever have any questions, please feel free to give us a call at the number on the screen and we'll see you on the next video. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
How does Employment Law differ from Workers’ Compensation Law? Hello, my name is Ty Wilson. I’m a Georgia workers’ compensation attorney practicing law in the state of Georgia. And we get a lot of calls about people who have been injured at work, but also people who are being discriminated or terminated at work. And it may or may not involve an injury.
And so when it does not involve an injury, and someone has been terminated and they believe wrongfully terminated or they're wrongfully being discriminated against, that is something that would fall under employment law. Employment law is a separate area of the law that handles these employment type issues. Now in Georgia, we are an At-will work state. And so it's very important that you speak with someone who knows what they're doing with employment law.
As a worker's compensation attorney, I myself do not handle employment law issues. However, we have located the names of several employment law attorneys, and we're happy to refer those on to you. If you have an employment law issue to help you get who you need to get to. And find out if you have a valid claim or not, and find out if it's worth pursuing based on your conversation with the attorney. Anyway, we hope that information has been helpful. If you have any questions, shoot us those questions at the email address below, and we look forward to seeing you in the next video. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
When should you be concerned that the insurance company is going to send an investigator to film you and follow you? Hello, my name is Ty Wilson. I’m a Georgia Workers’ Compensation Attorney, practicing law in the state of Georgia. And our topic for today is, “When should you--as the injured worker be concerned that they will send and hire a private investigator to follow you based on your work injury?”
Well, typically speaking, it's a very expensive process, first of all, for them to hire an investigator. And so a lot of times, if they're not paying any income benefits, there's a good chance that they may or may not be following you. The more that they are paying you and trying to get you back to work, and you may say, “Hey, I can't work. I can't do that job.” “I can't do what you're asking me to do.” They may send an investigator then to try to catch you doing something that you're saying you cannot do.
Their goal, obviously, is to cut your checks off and to get you back to work and try to close out the claim as best as they can. So you should be more concerned about it, if you're sitting at home and you're getting income benefits or weekly checks and there's really nothing going on with your medical care. If it's something that's being delayed by the insurance company, that's one thing. But if it's just kind of lingering and there doesn't seem to be any improvement in your medical condition, that's going to set up some red flags that the insurance company is going to say, “Let's check him out or her out. And Let's see if they're really stuck at home doing nothing for eight to 10 hours a day.”
That would be when they would likely hire someone to check out what's going on. Anytime you're in the public, they can film you. If they come up on your property, it's always recommended that you ask them to leave. And if they'd be, contact the police to get them off your private property. However, most of them are respectful and they know where the line is drawn and usually do not cross it. We hope that information has been helpful. We hope you'll come check out our other videos. If you have any questions, let us know. Thanks.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what is a deposition? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation attorney practicing Law in the state of Georgia. And our video topic is actually an updated video on one that we did previously. And the question is, ‘What is a deposition?” Well, a deposition is a question and answer session. Typically, if you're dealing with it in a workers compensation setting now, you can be dealing with it in many different civil settings.
However, if you're dealing with it in a workers compensation setting, it's typically the attorney for the insurance company and the employer asking questions directly to the injured worker. If you do not have an attorney as the injured worker, it will likely be yourself, the attorney for the employer and the insurance company, and a court reporter. If you have an attorney, the attorney should be present with you to listen to the questions and make sure that everything that is being asked is clearly explained and the answers are clear and succinct.
Question and answer session. They ask a lot of background questions typically. And we're doing and working on a video that will be happy to share with you. We're going to share it with our clients first to prepare them for a deposition prior to sitting for a deposition. And if that's something that you would be interested in viewing, we have that as a private video, but we'll be happy to send it to you with no obligation. Just shoot us your email and we'll provide you access to the preparation for a deposition in a Georgia workers’ compensation matter. We hope that information has been helpful. If you have any specific questions, reach out to us and let us know we'll see you on the next video. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what if I'm bitten by a stray dog? Hello, my name is Ty Wilson. I’m a Georgia Personal Injury Attorney practicing Law in the state of Georgia. And our topic is, you're minding your own business, a stray dog comes up out of nowhere, attacks you and then runs off. So what do you do in that case?
Well, you still want to treat your injuries. You want to obviously contact Animal Control and the police Department. And see if you can help point in the direction and possibly get the dog obtained. So they can find out, does the dog have rabies or something along those lines. So it's important that you still start that process. Get the medical care you need to attend to your injuries.
However, if it is truly a stray dog and there is no one who is the owner of that dog, then it is going to be very difficult for you to be reimbursed for the injuries and for the pain and suffering that you've felt as a result of that animal attack, unfortunately. And so you may or may not have a claim.
I would still encourage you to speak with a Georgia Personal Injury attorney and talk to them about the details of it. And get a report from Animal Control. And see what with their investigative resources they can find out and see if there is any potential for a claim. We hope that information has been helpful and we will see you in the next video. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So how do car wreck claims work? Hello, my name is Ty Wilson. I'm a Georgia personal injury Attorney practicing law in the state of Georgia. And our topic for today is, “How do car wreck claims work?” Typically, what happens is someone will be involved in a car wreck and they will then seek treatment, try to receive full and complete treatment for all their injuries, and to get to what is called maximum medical improvement. And that means that, medically speaking, the doctors that they're treating do not believe that there's anything further medically that can be done to improve their condition.
Hopefully you're back at 100%, but that's no guarantee. After that, then it's important to get the medical records, the medical bills. If you have an attorney that will do it for you. However, you get all of this information together, you get if there's any lost wages, that information together, and then you send what is called a settlement proposal. Some people call it a settlement demand to the insurance company. Giving them an amount that you wish to settle. And then that amount that you want to settle the claim is based upon the damages, Some people call it pain and suffering depending upon the extent of your injuries.
And if you've had painful surgeries, and if you've had painful injections and that kind of thing. And so you put that together, you send it to the insurance company and then the insurance company will contact you. And if they're going to make a settlement offer on the case, they will do so. And typically there's some negotiating back and forth. And either you settle the claim. If you don't settle the claim, then you want to look into filing what is called “lawsuit” or go into litigation on the claim and take it to the courts. Not all cases are well suited to be taken to the courts, However, that would be the next step.
And then you're laying it in the hands of the court, whether it be a judge or a jury. Typically it's a jury. And you're asking them to award you to reimburse you for all the medical care you've obtained, as well as the lost wages and as well as the pain and suffering and the harms and losses. And so that is kind of a big picture view of what car wreck claim looks like. If you have specific questions, it's always recommended that you reach out to a Georgia car wreck attorney personal injury attorney and speak with them about your situation. You want to find somebody that you're comfortable with. And see if they can help guide you through this may, if you will, of Georgia personal injury claims. I hope that information has been helpful. And we'll see you in the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
If you've been injured at work and you're receiving income benefits and then you get returned back to work, is there any possibility that you could receive additional workers’ compensation benefits? Hello, my name is Ty Wilson and I'm a Georgia Workers’ Compensation Attorney, practicing law in the state of Georgia. And our topic is you've started receiving income benefits, then you return back to work, the income benefits stopped, and the question is, “Are you entitled to receive any more income benefits?” And the short answer is that depends.
That depends on your injury. Is your injury improving or is there something that you're doing at work that aggravates the injury, and the doctor either pulls you back out or all of a sudden you were on the fence as if you needed surgery. And now based upon returning back to work, you definitely need surgery. The doctor is going to remove you back from work. And then, yes, you would be qualified and eligible for income benefits. So long as you are within the same time frame of your initial work injury. What does that mean? Well, that means if you're within the 350 to 400 weeks of your initial injury, you should be entitled to income benefits.
If you have specific questions, it's always recommended you speak with the Georgia Workers’ Compensation Attorney. And discuss with them your particular situation. All claims are different and certainly all insurance carriers are different and how they view these things and so or opposing counsel. We hope that information has been helpful and we'll see you in the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So can you get Social Security Disability after Workers’ Compensation settlement? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our topic for today is, “Can you get Social Security Disability after you've resolved your workers’ compensation claim?” And the short answer is Yes. However, there is a caveat or you want to be careful.
If you've settled your workers compensation claim, there are some things that you need to be concerned about. If you are potentially Social Security disability eligible, there's what is called a Medicare set aside. This is a pretty complicated topic. However, what you should know is if you are close to retirement age and are going to be filing Social Security disability, you need to really talk to your attorney, or you should have an attorney if you're going to be closing out that claim and you're agreeing to settle it because typically speaking, you want to have what is called a Medicare set aside.
So why do you care about this Medicare set aside? Well, Social Security disability does not want to be picking up what is the responsibility of workers’ compensation insurance carriers. And so, what you have is you have a situation where Medicare wants Medicare set aside, put out to cover what the expenses are expected to be if Social Security Disability has to pick up this claim after the close of a workers compensation settlement. So it's something that if you know that you're injured seriously enough or you're going to be seeking Social Security disability.
A lot of times in the settlement, it'll say the claimant does not expect to file for Social Security disability within the next 30 months or something along those lines. And so it's very important that if you actually are planning on filing Social Security disability and rather quickly after a workers’ compensation, settlement that you not necessarily sign that documentation until you've discussed with your attorney or with a Georgia Workers Compensation Attorney. What your options are and what could be required or needed to protect you and your interest in obtaining the Social Security disability benefits and obtaining the past due benefits, more importantly. So, there's specific language that needs to go in the settlement documentation, and there may or may not be the need for a Medicare set aside.
The important thing for the attorneys is to make sure that Medicare interest is considered. And so that is kind of a vague topic. However, it's important, depending upon the nature of the injuries of the claimant or the injured worker. What are the possibilities that this person will be filing for Social Security disability depending upon their injuries? Hope this information has been helpful. And if you have specific questions, you should always reach out to a Georgia Workers’ Compensation Attorney and speak with them about your specific situation. We'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
If you’ve been permanently injured on the job, can you seek just a Lump Sum payment instead of the weekly checks that are paid by the employer? Hello, my name is Ty Wilson. I’m a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our topic for today is, “Can you seek a lump sum payment instead of weekly payments?” And so this question draws a lot more questions for me initially. But the first thing I would ask you is, “Is this a catastrophic claim?”
When you said permanently injured, is it a catastrophic claim where you’re not able to work in any capacity, whatsoever. And you are receiving the maximum amount of income benefits which currently is $675 that changes often by the way. And so instead of getting paid that $675 a week, you’re looking as if there is a Lump Sum payout. Well that would be, what we call a settlement. And in order to obtain a settlement, both parties have to agree.
We have seen situations in certain scenarios where in a catastrophic claim the insurance company will settle the income benefits or weekly check portion only. And then the medical care will continue to go on. That is dependent upon the insurance company. They could say NO or either want to settle everything or will want to settle nothing. And that just depends on them. And as I said, settlement is, it has to be agreed by both parties. They have to mutually agree to settle the claim.
Now if you don’t have the catastrophic claim, your claim is non-catastrophic, you’re entitled to 400 weeks of income benefits if you’re injured on the job. However, if you’re released a light duty, a light duty could be sedentary duty. We see a lot of situations where doctors will release injured workers to sedentary duty knowing that they probably are not able to work. This is due pressure from the insurance companies.
However, if they do that, you are released then to light duty and it cuts your income benefits from 400 weeks to 350 weeks. For more information on that, you should always reach out and discuss that directly with a Georgia Workers’ Compensation Attorney. And they’ll be able to explain to you, what is called the “change of condition”.
And so, if you have 350 weeks or 400 weeks of income benefits minus what has been paid, does the insurance company want to settle just the income portion with you. Typically the answer is NO. The motivation of the insurance company to wish to settle the claim is to be done with all aspects of the claim. And to close the claim out in its entirety and the bi position of that is medical care.
Is there a possible future surgery? Well, they leave that medical open and there's still pain. There is always the possibility that things will actually get worse, not necessarily better, and then you might need a surgery. And they’ll be on the hook for that or have to pay for that, if in fact they have not closed that. Their motivation, typically what is called a non-catastrophic claim, is to try to resolve everything, if they want to resolve the case at all.
Once again, both parties must agree. And so, if you have a situation where you have questions specific to that type of scenario, it’s always best to speak with a Georgia Workers’ Compensation Attorney to find out what options are available on the table. We’ll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what can you do if you've been injured on the job and your employer will not approve your claim or file your claim or turn your claim over to the insurance company? Hello, my name is Ty Wilson. I’m a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia.
And the short answer is if the employer is blocking you from being able to obtain or set up a claim or obtain medical care, you should reach out immediately to a Georgia Workers’ Compensation attorney and see what rights you have.
Another option would be also to find what is called the posted Panel of Physicians. If the employer has a posted panel of physicians, oftentimes at the bottom of the panel of physicians is the contact information and the claim number for the Workers’ compensation insurance carrier. You can often try to set up the claim through them.
I will tell you that the first thing the adjuster is going to do is they're going to reach out to the employer. And they're going to say, “Been contacted by a worker of yours and they said they're hurt what's going on?” And they're going to talk. And so if you speak with a Georgia Workers’ Compensation attorney and then retain one, they will reach out and do all of that legwork for you to set up that claim and move forward with obtaining medical care for you. Hope that information has been helpful. And we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Can I file a workers’ compensation claim if the injury is my fault? Hello, my name is Ty Wilson. I'm a Georgia Workers Compensation Attorney practicing law in the State of Georgia. And our topic for today is, “Can you file a work injury if it's your fault or if the reason you got hurt into your fault?” And the short answer is “Yes”.
The Workers’ Compensation in Georgia, the workers’ compensation system, I should say, in Georgia is a no fault system. And so regardless of fault, you can file for a worker's compensation claim. Now, are you entitled to benefits? Well, there are other things that will come into play. If you were horse playing under the influence of drugs or alcohol, you will be denied a claim regardless of if you file it or not. And so there are certain reasons for them to be able to deny your claim.
However, being at fault for the injury is not one of them. And so there are always exceptions. So this is a very fact specific area. So you should reach out to a Georgia Workers’ Compensation attorney. Ask them some questions. Tell them how you got hurt because the facts are what matter in these types of scenarios. And speak with them about if they believe you have a claim and should continue to pursue the claim based upon your conversations with them. I hope that information has been helpful and we'll see you in the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Can I file a new claim if I already have a medical condition and a work accident has made the condition worse? Hello, my name is Ty Wilson, I'm a Georgia Workers' Compensation Attorney practicing law in the State of Georgia. And you've heard our topic for today, and the short answer is “it depends”.
Under workers' compensation, certainly, if you have a new injury where you're injured on the job and you're injured in what is called the course and scope of your employment, you have a worker's compensation claim. However, if you have a pre existing condition or an injury that happened prior to your work injury, there is a possibility that you may have a worker's compensation claim if it was aggravated by a work injury.
So how do you determine that? Well, the short answer is you don't. It is the doctor, and more likely, the authorized treating physician who will make that determination. And so they need to see you. They need to hear how you've been hurt. And more importantly, you need to describe your job details, what you were doing and what kind of started the event of aggravating your injury.
Sometimes this is complicated. Sometimes it's not a one time event. Sometimes, it's over an extended period of time, the condition got worse. It's important that you explain with your doctor what's going on, what happened and what pain your feeling in all parts of your body as a result of this injury. And they will then make a determination as to if this has been an aggravation of a pre existing condition which will be covered through workers' compensation.
However, if they do not believe that this is an aggravation, then it will not be covered through Georgia Workers' Compensation. So it's really critical with the doctor that you get to. As we have seen, some doctors who have told us directly that they do not believe that aggravation injuries should be paid for from workers comp. Well, that's not their determination to make.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So can I collect pain and suffering for my workers’ compensation injury? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our question for today is, “Can you collect on pain and suffering?”
We represent a lot of people who have very painful injuries, ended up having to have surgery and the recovery can be long and can be painful. Unfortunately, the Georgia Workers Compensation Act does not provide any money for pain and suffering. That being said, we know a lot of people still want pain and suffering. It's just not something that the insurance company won't pay for if they do not have to.
And I know that that can be a hard pill to swallow. However, that is the current law in Georgia. Personal injury cases do have a pain and suffering element to them. Workers’ compensation claims, though, do not. If a workers’ compensation attorney tells you that they can get you pain and suffering, you want to run and you want to run far away quickly because unless the Law has changed, currently 2021 you're not entitled to pain and suffering under Georgia Workers Compensation Act. Hope that information has been helpful and we will see you on the next video. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what if you suffer an injury outside of your workplace? Hello, My name is Ty Wilson. I'm a George Workers’ Compensation Attorney practicing law in the state of Georgia. And our question for today is, “Will I qualify for Workers’ Compensation, medical care and income benefits if I was injured outside of the place where I work? And the short answer is maybe, it depends.
It completely depends upon the facts of the situation. Where were you injured specifically? Were you injured in a parking lot connected to the building? Were you injured three miles away? Those make a big difference as to if Workers compensation benefits could be qualified for. And so it's always recommended you speak with a Georgia Workers Compensation Attorney.
The law is changing rapidly in this area. And so what is good today may not be good tomorrow and vice versa. So it's important that you speak with the Georgia Workers Compensation Attorney. Let them know specifically the details related to your claim. And they can best serve and try to offer you help. And speak with you about where the law stands at that point in time. Hope that information has been helpful and we will see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Can I receive Workers’ Compensation income benefits and medical care if my work injury was my fault? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing Law in the state of Georgia. And our video topic for today is, “Can I receive Workers’ Compensation benefits, both income and medical care if the accident that occurred was my fault?” And the short answer is possibly.
Facts are incredibly important in a scenario like that. However, we have had situations where someone was arguably at fault for their injury and they were able to obtain workers’ compensation income benefits and medical benefits in order to get back on their feet with their injury.
And so it's highly recommended that you record and logdown to the best of your memory. everything that happened that led up to the injury. And that you reach out and speak with a Georgia Workers’ Compensation Attorney and discuss the details because details are very very important when it comes to work injuries that may or may not have been your fault.
A lot of it depends upon details about the claim, but typically I would say that there is a good chance that you would be entitled to medical benefits. But once again, there's so many exceptions. You're going to want to speak with the Georgia Workers Compensation Attorney to make sure. I hope that's been helpful. And we'll see you in the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So can your Workers’ Compensation claim be denied if you don't report the accident? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our question for today is, “Can your claim be denied if you don't report the accident quickly?” And the short answer is absolutely it can.
Currently, there is what is called a “Notice Provision”. It is required that you, as the injured worker, notify your employer as quickly as possible. If that time frame expires and you have not notified your employer within a 30 day time period, there is a very good chance that they will deny your claim. And there's a very good chance that the law will support them in denying your claim.
So it is critical. It could be one of the most important things or elements in your workers compensation claim. You don't want to play around with providing notice, you want to let them know. The employer has the ability to investigate the claim. And you want to let them know immediately so that they can investigate the claim. Especially if it's a complicated way that you were injured.
All cases are different. The most important thing, though, is you notify your employer and you ask them for medical care. If you have any questions about workers’ compensation claim you have it's always recommended you speak with the Georgia Workers Compensation Attorney. We wish you luck and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Can you sue your employer or co-worker for a work related injury? Hello, my name is Ty Wilson. I’m a Georgia Workers’ Compensation attorney practicing law in the state of Georgia. And the short answer on this is probably not.
Georgia has what is called the exclusive remedy rule, and what that means is if you are injured because of something your employer did or because of a co worker, then you have to file the claim through the Georgia State Board of Workers Compensation.
So what does that mean? That means in a situation that if you would not have been at work, you may have been entitled to personal injury, painted suffering, lost wages, full loss wages, etc. However, because it was in a work setting, you must go through the workers compensation system and you will be paid comp benefits instead of lost wages. And you will not be paid pain and suffering. But you also are in what's called no fault system.
And so that is the supposed trade off for having a work injury. You do not have to prove negligence of either your employer or your co-worker in those types of scenarios. If you have a specific question about a workers’ compensation claim related to your employer and or a co worker, there are exceptions to every rule. And so we would recommend you speak with the Georgia Workers Compensation Attorney to get more information about what you may or may not be entitled to. We hope that information has been helpful and we will see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what is not covered under Georgia Workers’ Compensation claims? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And so some of the things that are not covered as far as injuries are concerned are if the individual who's been injured is either intoxicated by alcohol or drugs.
Now every situation is unique in the sense of how they were injured. And so it depends on how they're injured, if there is no coverage. There could be a situation where there actually is traces of alcohol and or drugs in the system. And there is coverage because of how the individual got hurt. So there are several situations where the individual may not have been actually doing anything that caused or contributed to their injury.
If they're intoxicated and they did not cause and or contribute to the injury, there is a possibility they still could qualify for income benefits or medical benefits and then subsequently income benefits as a result. It's very fact specific. It's always recommended you speak with the Georgia Workers Compensation Attorney regarding any type of intoxication issue.
Now, another area where Workers’ Compensation will deny you outright is if you're horseplaying. If someone is goofing around and then they get hurt or they hurt someone else. If you're part of that goofing around group, the chances are you're going to be denied medical benefits and then subsequently income benefits as a result. However, once again, the situation is always factually specific. So it depends on exactly what happened.
If you have a question like that, I always recommend you speak with a Georgia Workers’ Compensation Attorney. Tell them what happened and remember, it's not what you know, but it's what can be proven. And so a lot of times witnesses come into play with horseplay type scenarios. I hope that information has been helpful and we will see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So how will filing a personal injury matter with your workers compensation claim affect your workers compensation claim? Hello, my name is Ty Wilson. I'm a Georgia Workers Compensation Attorney practicing law in the state of Georgia. And our question for today is, “How we're filing a personal injury claim affects my existing workers compensation claim?” And the short answer is, it depends on how your attorney and or attorneys (plural). Some people hire multiple attorneys, some people hire one that can handle everything.
It depends on how they handle the claim and structure claim. “Are they working together or are they working for each other and not necessarily working together?” which may or may not affect you. And so that is probably the biggest question. The things that you should know about is if you have a worker's compensation claim, they're likely going to try to assert what is called a ‘Right of Subrogation” or “Right of Reimbursement”. They mean the same thing. And that means that the insurance carrier who is paying all the benefits out on the workers compensation claim will potentially attempt to get involved with your personal injury claim to make sure that they're paid back.
Now, is that a guaranteed right? Well, there's a lot of questions that must be answered. It's important that you have an attorney to help you with that, as that gets complicated. The rules of subrogation and right of reimbursement get complicated quickly. So specific information is important, and that will help determine if, in fact, the workers compensation carrier is entitled to be paid back or if they're not entitled to be paid back. And a lot of that's going to depend upon the severity or seriousness of the injuries and the amount of time you've been out of work, lost wages, etc.
And so very important that you speak with the Georgia Workers Compensation Attorney. And ask them more information about the claims and how your claims interact. If you have an attorney, they should know what to do with helping you with your subrogation, your right of subrogation. And so you want to speak with them directly. If you get any notice, you certainly want to share that with your attorney. I hope that's been helpful. We'll see you in the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Can I see my own doctor if I've been injured on the job? Hello, my name is Ty Willson and I'm a Georgia Workers’ Compensation Attorney. Pricing on the state of Georgia. And our topic for today or our question for today is, “Can you see your own doctor if you managed on the job?” And the short answer is, maybe.
Not always. It depends on, “Does your employer have what is called a “Posted Panel of Physicians'' or a list of doctors that you can treat with, if you're injured on the job?” Then the next question is, “Does that “Posted Panel of Physicians” or list of doctors meet the legal requirements to be what is called a legally valid posted panel of physicians?
This can get pretty detail oriented pretty quickly. So in order to best serve you, it's always recommended that if your employer has a posted panel of physicians, you snap a Photo of it with your phone and then speak with the Georgia Workers’ Compensation Attorney. They'll be able to take a look at that panel, give you an estimate if they believe it's a valid panel or if it's not.
And if there isn't one, another reason to speak with the Georgia Workers Compensation Attorney with “What is the next step if there is not a valid panel?” Hope that information has been helpful. We look forward to seeing you in the next video.
Call us: 912-208-2992
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So when do your benefits end? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the State of Georgia. And our question for today is, “When do my benefits end?”
And so the question is which benefits? You're entitled to medical benefits. And then if you're out of work for more than seven days, you're entitled to income benefits. There is also the possibility that you could be entitled to income benefits by being released on light duty, but your employer cannot accommodate your light duty restrictions. So then you would also be receiving income benefits.
And so, typically speaking, when you're injured on the job, you're entitled to 400 weeks of medical benefits unless there is what is called a change of condition. And that would be being released to light duty, maximum medical improvement, etc. If you are released to light and you're receiving income benefits, there is a good chance that you're going to continue to receive those income benefits unless the employer has or can create a new job for you, or if there's a hearing filed and the judge suspends your benefits or if you settle the case.
And that depends obviously, if the employer is also interested in settling the case. Settlement is completely optional on a worker's compensation claim, so both parties must agree. And so those are really the scenarios where your benefits may end. It's always good to speak with the Georgia Workers’ Compensation Attorney if you're concerned about your benefits ending, especially if you're concerned about the ending prematurely. I hope that information has been helpful and we will see you in the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So who's going to pay for your medical bills if you've been in a car wreck? Hello, my name is Ty Wilson. I'm a Georgia Personal Injury Attorney practicing Law in the state of Georgia. And our topic for today, our question for today is, “Who will pay for your medical bills if you've been in a car wreck?” Well, if you have health insurance, it's always recommended that you use your health insurance. However, there are a lot of people who do not have health insurance.
The next question we often have is, “Do you have what's called medical payments coverage through your automobile insurance?” If you do, they are the primary insurance to pay for your medical care. Up to the limits of your medical payments coverage. You'll want to check with your automobile insurance carrier, see if you have medical payments coverage. And if you do, that's what you want to use.
If you don't have medical payments coverage and you do not have health insurance, you may want to see about contacting medical providers to work on what is called a “Lien basis” where they don't make you pay money up front. If you cannot find someone who will work on a lien basis, you don't have medical payments coverage, you don't have health insurance coverage, then you will have to pay your doctor as you go. And then you will be seeking reimbursement for your medical cost at the end of your personal injury suit.
And so this can be tricky because this can stop you from care depending upon the severity or seriousness of your injuries and the amount of money you have. Especially if you're taken out of work as a result of your injuries. You will have to possibly use savings if you have none of the medical payments coverage, health insurance, or the ability to get medical care on a lien.
Always recommend you speak with the Georgia personal injury attorney. They may be able to help you find the medical care that you need to get back on to your feet without coming completely out of pocket for all the medical expenses. Hope that information has been helpful and we will see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
What if I'm injured in a car wreck outside of the state of Georgia? Hello, my name is Ty Wilson. I'm the Georgia Personal injury Attorney practicing law in the state of Georgia. And our question for today is, “What happens if I'm injured out of state?”
And the short answer is you need an attorney from the state that you've been injured in. Or if you live in Georgia and you have someone that is also licensed to practice law in that other state, well, you can certainly sign up with them and have them represent you.
However, the short explanation is jurisdiction, which is a legal term, really determines where the case will be brought if there is an action filed or legal action file. And so if you've been injured out of state, it's always best to obtain Council who is licensed within that state.
Can you hire someone in Georgia? Yes, people do it all the time. However, if you are required to go to trial, you will need someone licensed to practice law within that state. So it just depends upon the circumstances related to your claim.
If you wish to hire someone initially or if you wish to hire someone in Georgia and then work with them to try to co-council or get another attorney involved, that's something that can be done as well. Hope that information has been helpful and we will see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest What if I'm injured in a car wreck outside of the state of Georgia? Hello, my name is Ty Wilson. I'm the Georgia Personal injury Attorney practicing law in the state of Georgia. And our question for today is, “What happens if I'm injured out of state?”
And the short answer is you need an attorney from the state that you've been injured in. Or if you live in Georgia and you have someone that is also licensed to practice law in that other state, well, you can certainly sign up with them and have them represent you.
However, the short explanation is jurisdiction, which is a legal term, really determines where the case will be brought if there is an action filed or legal action file. And so if you've been injured out of state, it's always best to obtain Council who is licensed within that state.
Can you hire someone in Georgia? Yes, people do it all the time. However, if you are required to go to trial, you will need someone licensed to practice law within that state. So it just depends upon the circumstances related to your claim.
If you wish to hire someone initially or if you wish to hire someone in Georgia and then work with them to try to co-council or get another attorney involved, that's something that can be done as well. Hope that information has been helpful and we will see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest Will Workers Compensation cover me for work related injuries or illnesses that aren't the result of an accident? Hello, I'm Ty Wilson. I'm a Georgia Workers Compensation Attorney practicing Law in the state of Georgia. And our topic or question for today is, “Will Workers’ Compensation cover me for work related illness or injuries that aren't the result of an accident?” Well, that's a tricky question.
The most important thing is that facts matter. And what I mean by that is how you got injured or how the injury developed. There is something called repetitive motion injuries where there is not what we would call a precipitating or main event. Your typical injury, when someone's lifting something, they feel a pop in their back, we call that a man or precipitating event. And so that's something that indicates that it happened when they were lifting something at that time.
Whereas repetitive motion injuries are a little bit different. That's where someone is doing the same motion over and over. And over time, their body part breaks down or becomes injured. And so in those cases, there is still technically an accident date. You have to figure that out, and that's something that you should reach out to a Georgia Workers Compensation Attorney and discuss what may or may not be your options there as far as timing of all that.
But the short answer is, “It depends”. And so, just because you do not have that precipitating event where you're lifting something and you hear a pop and feel pain and need care. If you have an injury and you feel pain, you need to investigate it. You need to speak with a medical professional. You need to speak with your employer, if it's something that occurred while at work. And it needs to be determined, if in fact, it is a work injury.
I would always recommend that you speak with a Workers Compensation Attorney. And ask them in your initial consultation or your free consultation. What their opinion is based upon the facts of your particular situation. We hope that's helpful. And we'll see you in the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello, this is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our video topic for today is, “Are Workers’ Compensation Settlements taxable?” This is a very quick and short NO. They are not taxable to non-taxable event.
If you're receiving income benefits through workers compensation, there are no taxes taken out. However, you pay two thirds (⅔) of your average weekly wage. And so a big portion of that, that is missing usually is taxes. And so workers compensation payments are a non taxable event.
If you have further questions, it's always recommended if you speak with a tax professional regarding your specific situation, as your settlement may vary and you may be in a different state. But in the state of Georgia, the settlement proceeds from a Georgia work injury are non taxable. We'll see you on the next video. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest Can workers’ comp just stop paying you checks out of nowhere? Hello, my name is Tie Wilson. I'm a Georgia Workers’ Compensation Attorney, practicing law in the state of Georgia. And our question for today is, “Can workers’ comp just stop your checks? The short answer is no.
However, there are some triggering events which can help get your check stopped. If a doctor has released you full duty, then they can stop your checks immediately at that point. And you're, at that point, able to go back to work full duty. And so the workers’ compensation checks would stop at that point.
If you are released to light duty and they serve you what is called a “Form 240”, that is a return to work form. That means that they've gone to your doctor. They've told your doctor that they have a specific job for you. They've laid out the details of that job in this form. They've sent it over to the doctor. And the doctor has signed off that you can, in fact, do that job. And they've served you with that form saying, “Please show up for work Monday morning, eight o'clock, nine o'clock...” whatever. It's all spelled out on that form to start this job that we've created on your behalf to accommodate your light duty restrictions.
If you do not show up for work, according to that notice, at that point, they can suspend your income benefits. There are other situations where they really must get a decision from the Georgia State Board Workers’ Compensation in order to suspend your income benefits. Those are the two main reasons, full duty release and a 240, and you do not show up for work. There may be other examples. This is not meant to be all inclusive, but this would give you a good guideline.
If you had your benefits suspended for anything other than that, you may want to reach out to either a Georgia Workers Compensation Attorney or keep reaching out to the adjuster. These adjusters love to set these checks up on autopay. However, they don't want to set it up to pay you for the rest of your life. So they'll send it, set it up to expire in a couple of months. And if they don't hear from you and you're not receiving checks, sometimes they just leave it alone. So it's the squeaky wheel, gets the grease. So start with your adjuster. If you need help, you can always contact George Workers Compensation Attorney. We'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest Hello, Ty Wilson here, Georgia Personal Injury Attorney, practice law in the state of Georgia. And our video question for today is, “How come I keep getting a bill from the hospital after my car wreck?” Now, this question came from an individual that I know has health insurance. And so their big question is, “Why is the health insurance company not paying for my medical care? As I have health insurance so that they can pay for that.”
Well, the hospital has the option to bill the hospital or to bill you directly. If they bill you directly, they want to get paid 100% of their charges. If they agree to bill the health insurance, they'll have to take a discount. And some health insurance policies have you pay the balance. Some health insurance policies have what's called a “Capitated Plan” where there is no additional payment that need to be made.
Unfortunately, that is up to the hospital. And so we're seeing a lot more hospitals that are relying on their lien through the state of Georgia that says that they should be paid back for their services. And they are waiting for the conclusion of the personal injury case so that they can get paid back dollar for dollar. So that's what we're seeing.
Now, as far as the insurance At-Fault Insurance company, they're not required to pay for medical care as you go. This is a common myth that's out there. And a lot of people are surprised when they find out, “Well, I need to go to the doctor and I can't afford it. How do I get to the doctor?” Well, the insurance company, the At Fault insurance company is not going to pay as you go. If they pay you, they're going to try to settle the case for one time and be done with it.
And so that's why it's critical if you are injured in a personal injury claim that you complete all your care. You know at least where your care is going if you haven't completed it. And you're comfortable with where you're at, because there is no going back to the insurance company later. Well, we hope you found this information helpful. Feel free to come check out our other videos. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our video topic for today is, “Can you get fired for being injured on the job?”
Well, let's back up a second. George has an at-will state so you can be terminated for cause or for no cause at all. And so yes, there are times when we see that someone is fired because of being injured on the job. If it can be proven that you are fired because you were injured on the job, the employer will then likely be responsible for what is called income benefits to the workers compensation system.
There are many details that revolve around these types of claims. They are very factual based. The question is, “Did they let you go because you were injured or was it because of something else that you may have done by not following their policies and procedures?”
And so, very specific, always advisable that you reach out to a Georgia workers compensation attorney. And find out what your rights are and find out what can be done moving forward with your claim. If you've been terminated and you're not receiving income benefits. We hope that you found this information helpful. We thank you for watching this video. And if you have any specific questions or comments, please post them below. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest Can you get punitive damages in a workers compensation claim? Hello, my name is Ty Wilson, Georgia Workers’ Compensation Attorney. And our question today is, “Can you give punitive damages on a workers compensation claim?” And the straight answer is NO.
There are no provisions currently under the Georgia workers compensation act to get punitive damages. Just as there are no provisions under the Georgia workers compensation act to get pain and suffering in a workers compensation claim.
So we hope that you found this information helpful. And we hope that you'll come check out our other videos. We’ll see you on the next one.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney, practicing law in the state of Georgia. And our video topic for today is, “Do I get paid if I'm injured at work?” Just being injured at work does not necessarily get you paid. If you are hurt and taken out of work for more than seven days then generally speaking, you may qualify for Georgia Workers’ Compensation Income Benefits.
However, the most important thing is, once you do get hurt, is to notify your employer. Let them know immediately that you've been hurt and that you need medical care for your injuries. Once you do that they should send you or direct you to a list of doctors that you can choose from. Once you go to the doctor, the doctor will give you what is called a “Work Status Report”. You should get this for every doctor's visit that you attend throughout your workers compensation claim.
What that work status report says is one of three things; It says either you're out of work completely; You’re at light duty modified duty or limited duty all mean the same thing light limited or modified duty all mean the same thing; And then lastly that you’re full duty. If you're full duty, pretty self-explanatory you can return back to work. You do not qualify for income benefits at all. If your light duty you have to speak with your employer your employer may or may not have light or limited or modified duty.
Before you do that, it is very important that you speak with a Georgia workers compensation attorney so that you can determine what your rights are in a light limited or modified duty release. And then of course, if you're out of work, if you're out of work for more than seven days you likely qualify for income benefits under the Georgia workers compensation system. However, you'll want to speak with a Georgia workers compensation attorney, and it also depends upon the doctor who took you out of work.
So there are many factors involved. Always speak with a Georgia Workers’ Compensation Attorney. Find out what your rights are. The consultations are free. There is no obligation, especially if you contact our office. If you have any questions, please post a comment or question below or feel free to give us a call at the number on the screen. We hope that you found this information helpful. We hope that you'll come check out our other videos. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello, my name is Ty Wilson. I’m a Georgia Workers Compensation Attorney practicing law in the state of Georgia. And our video topic for today is, “How do I give notice?” In several of our other videos we say it's very important that you give notice. And so, what exactly is giving notice and how do you do it?
Well, if you're injured on the job, the first thing you need to do is tell your supervisor and or your boss that:
- You've been injured on the job.
- You need medical care for your injuries.
If they refuse to give you medical care or help you get medical care for your injuries, you should immediately reach out to a Georgia Workers’ Compensation Attorney. If they provide you information on how to get medical care, you should seek medical treatment for your injuries. Tell the doctor from head to toe, everything that hurts as a result of your work injury and how you got hurt.
After you’re done with that, if you're concerned about how you're being treated on the job, you should reach out to a Georgia Workers’ Compensation Attorney. Speak with them. Find out what your rights are. The consultation is free. There is no obligation to retain an attorney by just talking to them.
If you have any specific questions about your Georgia workers compensation claim, feel free to give our office a call at the number below. We hope that you found this information helpful. And we hope that you'll come check out our other videos and our website with other helpful information. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest If I'm out on workers comp, do I have to go back to work? Hello, my name is Ty Wilson with Georgia Workers’ Compensation Attorney practicing law in the State of Georgia. And our question is, “If you are out of work on Workers’ Comp., do you have to go back to work? Well, that is a tricky question because it is possible that you do have to go back to work. It depends upon the employer.
If the employer says I cannot have you back in my job, without you being at full duty, well, then you're not going to return back until the doctor releases you to full Duty. However, the trickier area is whenever a doctor releases you to light duty. Then the question is, “Can the employer accommodate your light duty restrictions?” If they can, there is a chance that they can bring you back to work. It's What's called the “240-process” “The Return to Work Process” under Georgia law.
So there's this form 240 in which the employer will List out what your job duties would be. The lifting and how often and so forth. And then they would submit that to your authorized treating physician or the main doctor on your workers compensation claim. And ask that doctor to sign off on this job to return you back to work. If they do not do this returning back to work is strictly optional, but if the employer wants you back at work, there is always the possibility that they will ask you to come back to work.
Keep in mind, the insurance company is who pays you whenever you're out on workers compensation, not the employer. So it can create some messy situations when you're dealing with health insurance and other benefits because your health insurance benefits are taken out whenever you are earning money through the employer, not through workers comp. So if you're making you're getting paid through workers comp, then you need to make arrangements to make sure that you still have health insurance coverage if that's something that's applicable to you. We hope that you found this information helpful, and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest How long do workers compensation benefits last? Hello, My name is Ty Wilson of Georgia Workers Compensation Attorney practicing law in the State of Georgia. And our question today is, “How long do workers compensation benefits last?” And that really depends on the injury.
If you have what is called a “Medical Only Claim” then once you're able to return back to work, whether it's in a light-duty capacity your employer can bring you back in light duty, or if it's in a full due to capacity, typically, you've had what's called a “Change of condition for the better”. Meaning you've gotten better and the claim will kind of just Linger on and and close out at some point. If you need further care, you can always reach out.
So initially when you get injured you're entitled to 400 weeks of medical benefits related to this work injury. Most people do not need 400 weeks in order to get better and get back to work or move on with life. And so, that is on a “Non-catastrophic claim”. If your claim is catastrophic that would be a very serious injury. Loss of limb would be an example. If you lose your arm or you lose your leg then that would be what is called, “Automatically Deemed Catastrophic”. That is Lifetime medical benefits. That is a lifetime Income Benefits.
So in a non-catastrophic, it depends on when you get better and that depends on your medical care. And that depends upon getting the care providing notice with the employer. So we hope that you've found this information helpful, and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest Hello Ty Wilson here, Georgia Attorney, practicing the law in the State of Georgia. And our video topic for today is, we have someone who is injured and they were getting treatment. And while they are still getting treatment, they got into another, either work or a motor vehicle collision. It could be for anyone. This particular individual got into both. They drive for a living and they got into a car wreck.
Now, both car wrecks were not their fault. And so, the question is, “What happens to the first claim once I have a new claim? Do I have two claims and everybody is paying for the Medical Care?” The answer to that is NO. When you have a new accident and if you’ve injured the same body parts, you have something that has intervene and stop the first claim and start the second claim. And so, it’s somewhat of a tricky scenario.
Always recommended that you speak with a personal injury attorney in your State or in the State of Georgia if you’ve been injured there. And find out what exactly your rights are. And what happens to the first claim versus what happens to the second claim? Do you get Medical Care? Or a lot of it depends on, “Are you hurt?” “Was it a serious collision?”
If not a serious collision, you may not receive medical treatment and may not change things at all. If you’re hurt seriously or the injuries, the same injuries were aggravated or there are additional injuries, well everything’s probably going to go to the second claim. And so, it is very fact specific. And so, we hope that you found this information helpful. Anyway, feel free to come check out our other videos. Thank you!
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest Is Workers’ Compensation Insurance mandatory for all employers? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney, practicing law in the State of Georgia. And our video topic is, “Is Workers Compensation Insurance Coverage mandatory for all employers?” And the short answer is NO.
What is required is, if an employer has three or more employees, they are then subject to the Georgia Workers’ Compensation Act. And from there, they are required to obtain Workers’ Compensation Insurance Coverage.
There are exceptions to certain types of work. Where they do not need or are not required to have Workers Compensation Insurance Coverage. If you have any questions about a claim that you have, or a loved one has, always recommended to reach out to a Georgia Workers’ Compensation Attorney. We’ll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest What does Workers’ Compensation Insurance coverage cover? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing Law in the State of Georgia. And our video topic for today is, “What does the Workers’ Compensation Insurance cover?”
Well, it covers if you're an employee and you're injured on the job in what is called the course and scope of your employment. You're doing the job that you were hired to do and there are always exceptions to these rules. But typically you're doing the job you were hired to do and you get injured. Those injuries would fall under workers compensation insurance coverage. And so it covers the medical care for your injuries.
And then if you're taken out of work for more than seven days by an authorized treating physician, you may be entitled to income benefits as well. If you have any injury that takes you out of work for more than seven days, it's important that you always get the out of work excuse from the doctor. And share a copy of that with the insurance company so that they realize that you are out of work completely for at least seven days.
If you have any specific questions about a claim that you have you should always speak with the Georgia workers compensation attorney. Hope this has been helpful and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest So what is diligent job search? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our video topic for today is, “What is a diligent job search?” “How many jobs do I have to look for?” I get this question all the time when we talk about a diligent job search.
Well, the Georgia legislature has intentionally provided diligent job search as a vague term. And ultimately the decision of if you've made a diligent job search or not is going to be up to the administrative law judge. If you're in a hearing, and that would be based on, if the employer has determined or filed a hearing saying that they don't believe you made a diligent job search.
So when do you need to search for work? Well, if you've been released to light duty and your employer cannot accommodate your light duty restrictions and they've started paying you income benefits. You can't sit down and just enjoy those income benefits. You need to be doing what is called a “Diligent Job Search”. So that means you need to be making every effort you can within your medical restrictions to find employment.
And you should keep what is called a “Job Log”. We have one we can provide you free of charge with no obligation. However, you want to get the details of the information: “When did you apply for the job? Did you get an interview for the job? Did you do it online? Did you do it in person?” And you want to get as many as you possibly can.
You want to prove and you don't want to leave it up to a judge to say, “Don't think you've made a diligent job search”. You want that judge to see your list of all the people you've applied for work with and say, “Wow, they've done their job. They've worked hard to try to find a job. And they just haven't been able to find one because of their medical restrictions.” Hope that information is helpful and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest Hello, this is Ty Wilson of Georgia workers compensation attorney practicing law in the state of Georgia. And our video topic for today is really just a notification. If you happen to drive and operate a vehicle of any sorts for your job and are involved in a motor vehicle collision, you may have both a workers compensation claim and a personal injury claim.
It’s something to look into and determine what your rights are. Some people don't want to open up workers compensation claims if they have a personal injury claim, certainly an option. However, if you have two claims, there's two benefits. Are there several benefits to using them together? Depending upon the extent of your injuries.
If you want more information, you should always reach out to a Georgia workers compensation attorney. We hope this information has been helpful and will look for you on the next video. Thank you.
Hello, Ty Wilson here. Georgia Workers Compensation Lawyer practicing law in the state of Georgia. And our video topic for today is about a combination claim. And what I mean by that is someone was working and driving as part of their job. And was involved in a motor vehicle collision or an auto accident. And so the question is, “Why would I want workers compensation to pay for my medical treatment?”
Well when you have two separate claims in workers compensation, the employer / insurer is responsible for the medical care as it relates to the injuries that were created in the work accident. And so they will be paying for the care out of their pocket. Now in order to do that, they have to authorize the care and they have a great deal of control depending upon specific facts in your claim.
Whereas in a personal injury matter you are obtaining the care on your own but then you're also responsible for paying for the medical care that you obtained. And seeking reimbursement towards the end of the claim or if you have to file suit. And so they're two entirely different claims. However, workers compensation will pay for the medical care so long as it is related to the work accident.
For more details on that, you always want to reach out to a Georgia workers compensation attorney. And more specifically someone who handles both Georgia workers compensation and Georgia personal injury, so you can get the understanding of what's going on on both of those types of claims. If you have any specific questions about a, what we call a “Combination Claim”-- where you've been involved in a motor vehicle collision and a workers compensation claim at the same time. Feel free to give our office a call and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello, my name is Ty Wilson. I'm a Georgia workers compensation attorney, practicing law in the state of Georgia. And our video topic for today is, “Can I handle my work injury claim on my own without an attorney?” And the short answer is yes.
However, I would warn you that there are certain mistakes that are made early on in the claim that could prove detrimental to your claim. What do I mean? Well in selecting the doctor, do you know if that employer has what is called a valid posted Panel of Physicians? How do you know? These are some of the things that a work injury lawyer can help you with.
If you've been taken out of work and now the employer says, “We have work for you”. Should you go back? I would say that you need to speak with a Georgia Workers Compensation Attorney before you make that fatal error as it could have a detrimental impact on your claim. And the bigger question is, “To what extent are your injuries?”.
If they're minor injuries and you're getting back to work. Absolutely, you can handle this claim on your own. However, if you're kidding yourself and you're hurt seriously and you're not going to be able to return back to the heavy work that you were doing. You need to reach out to a Georgia workers compensation attorney. You need to Speak to him. Get an understanding of what you're entitled to under workers comp. It's not the same as a personal injury case. And ask questions. Then determine, “Is it in your best interest to obtain an attorney?” And if so, “Why?” “Have that attorney explained it to you?”
We try to explain that in every consultation that we have. Our consultations are free, most of them are. And so you can speak with several workers compensation attorneys. And get their idea on what they would do in your case where you're at. Is it something that they wish to take on? Some attorneys won't take on minor injuries. Some attorneys won't take on hand injuries only. Some attorneys won't take on hernia injuries.
The’re a whole bunch of different types of ways that you can get hurt in the workers compensation world. And so reach out, speak to them and you have to have a comfort level with whoever you're seeking representation from. You want to make sure that somebody you feel like you can contact. Somebody that's going to be doing everything they can to help you. And to be more importantly communicating with you. We hope this information has been helpful and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello, my name is Ty Wilson, I'm a Georgia workers compensation attorney, practicing law in the state of Georgia. And our video topic for today is, got a call from someone who was involved in a motor vehicle collision while they were working. So they have two separate claims, they have a workers compensation claim and they have a personal injury claim. And their question to me was, “Which one do I use or set up and move with first? What is the priority of the two claims?”
That is a very personal decision. However, I will say that with the benefits that you're allowed under the Georgia Workers’ Compensation Act, you're allowed medical care for your injuries. And then if you're taken out of work or put on light duty work and your employer is not able to accommodate your light duty, you may then be entitled to weekly income benefits. Whereas on a personal injury side of things, you are obtaining Medical Care on your own and coming out of pocket unless the medical provider is working with you on a lien basis.
And if you are out of work, you are seeking the lost wages at the conclusion of the claim, so they're typically in a personal injury claim. There is no money that's paid out as you seek treatment. It is something where you seek reimbursement for the treatment that you've obtained while you've been getting both the medical care and lost wages. And pain and suffering workers comp on the other hand does not have pain and suffering.
What we like to do is, we like to set up the workers compensation claim, get the income or get the injuries taken care of by medical providers, which is paid for by workers compensation. And then if you qualify for income benefits, we certainly look at obtaining the income benefits. And getting you back to where you were, hopefully prior to the motor vehicle collision. And then dealing with the personal injury later on down the road.
There is a possibility that workers compensation will say, “Hey we want to be paid back.”-- it's called subrogation. And so that's something that you definitely want to have an attorney involved with if you have a situation like that. If you have a specific question about a personal injury and workers compensation, we call a “combination claim”. Feel free to check out our other videos. Give us a call and we'll see you on the next video. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So what is the general process of a Georgia Workers’ Compensation claim? Hello, My name is Ty Wilson and I am a Georgia Workers’ Compensation attorney. And our question today is, “What is the general process of a Georgia workers compensation claim?” Typically speaking, if someone is injured on the job, it's important that you immediately notify your supervisor and or boss that:
- You've been injured on the job
- You need medical care for your injuries.
Once you get that set up, they will put together an injury report. And typically you will be in communication at some point with the adjuster and this is if you do not hire an attorney. The adjuster will set up an appointment for you to get some medical care. If it's urgent you can go to an urgent care clinic as long as you know, the question is, “Is there a panel of Physicians with the employer?” and so forth.
If you speak with a Georgia workers compensation attorney, they will kind of Take the Lead make sure the appointment is set up for your medical care. And start moving your case along and the question is, “Where does your medical care go?” “Is it something that's minor and you're getting back to work quickly in less than seven days?” You won't be entitled to any income benefits. And so if you're back at work within three or four days, then you're back at work.
If the entry gets worse you go back to the doctor they may or may not adjust your restrictions. And that they may or may not take you out of work. And if you are never taken out of work for more than seven days and you're back at work, you have what's called a medical only claim, where the insurance company will pay for the medical care as it relates to your claim and you're not entitled to income benefits.
If on the other hand, you're taken out of work for more than seven days, the first seven days, they don't have to pay you for, initially. After seven days, They should start your income benefits. After the income benefits, if you're paid income benefits for 21 days, three weeks in a row, then they will pay you for the first seven days. And from there you're receiving Medical Care and you're receiving the workers compensation checks.
Typically speaking that will go on until you get better or you reach what is called maximum medical improvement. Where the doctor believes that they cannot improve you medically anymore at that point in time. They will release you from care. They will give you an impairment rating which could provide you with a permanent partial disability disability benefit or payment as well. Once that happens, the question is, “Are you able to get back to work or not?”. If you're able to get back to work, they'll pay you out the permanent impairment rating weekly. And then you're back at work like it never happened.
If you're not able to return back to work for whatever reason, then there is a possibility that the workers compensation insurance adjuster may or may not want to settle the claim. It just depends on where you are in the process. That's the general process of workers compensation claim, if you're receiving income benefits, or if you're just a medical only claim.
If you have specific questions, always recommended you speak with Georgia Workers’ Compensation Attorney. The consultations are free. So you have nothing to lose. And you can find out more information quickly in a phone call especially with the specifics of your particular claim. We hope that that's answered your question and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website •
Do you have to use the doctor that's on their panel? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney, practicing law in the State of Georgia. And our video question for today is, “Do you have to use orthopedic that's on their list of, what's called, “Posted Panel of Physicians”?.”
Well, the question is, “Is the posted panel of Physicians a legally valid Posted Panel of Physicians?” or is this something that the employer just said, “Go to this doctor”. So there's a lot of questions, probably more questions than can be answered on this video. If there is a legally valid posted panel of Physicians, you are required to use them as far as your medical care. However, there are a lot of questions. Is the orthopedic someone who is an orthopedic for your foot and you have a back injury? Is it an orthopedic for the back and you have a foot injury? So there are a lot of questions that go into that.
My recommendation would be, reach out to a Georgia workers compensation attorney. Pick their brain. Get an idea of, you know, “Is this something that is worth pursuing to get the medical care that I need so that I can get back on my feet and get back more importantly to earning the income I was earning before I got hurt on the job?” We hope that this has been helpful and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Website: www.TyWilsonLaw.com
Call us: 912-208-2992
So, how do you report a repetitive motion injury? Hello, my name is Ty Wilson. I'm a Georgia workers compensation attorney practicing law in the state of Georgia. And our question, our video topic for today is, “How do you report a repetitive motion injury?”. Well, most injuries are an event that occurs or an injury that happens such as lifting something and you feel a pop in your back and all the sudden you have all this pain. That would be an event that occurred that caused the injury. Whereas a repetitive motion injury, a little trickier, is where you're moving the same body part in the same direction and gradually over time it gets worse and worse and worse.
Our suggestion is once you get to the point where you're feeling a great deal of pain, you need to report it to your supervisor and or boss. You need to ask them for medical care as it relates to your injury. And see if in fact they will give you Medical Care. Some employers will not, some employers will. If they will, seek medical care, let them know what you were doing. Exactly what your job functions are and how you were doing it. And let them know what kind of pain you're in as a result of that. They will determine. Do they believe that this is work-related or not work-related? And on you go.
The important part is that, once you start feeling the pain and it's not going away, we all have different types of general soreness from doing something. However, if the pain is reoccurring over and over and getting worse and worse, you need to report that to your employer. You need to let them know because that could be an indication that you're about to get into a great deal of pain and not be able to function as an employee. If you don't tell the employer, the employer will think that you one injured yourself doing something else to do not need medical care and will potentially terminate you.
If in fact you're a no-show or you can't do the work at the same speed and what have you. And so it's very important that you monitor yourself in the sense of, “Is the pain getting worse?”, “Do you just need a day or two off?”, “What are the circumstances?”. If you have any specific questions, always reach out to a Georgia Workers’ Compensation Attorney. We hope that answers your question and we will look for you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Website: https://www.tywilsonlaw.com/
What is the process for getting a diagnostic test, MRIs? What have you, whatever my doctor has asked me to do or ordered me to do, medically speaking, in my workers compensation claim? What's the process? Hello, my name is Ty Wilson. I'm a Georgia workers compensation attorney, practicing law in the state of Georgia. And there is a process to minimize the amount of delay.
One of the biggest frustrations in workers compensation is the unnecessary delay of getting these diagnostic tests, MRIs, prescriptions, refilled and all this other stuff approved from the adjusters. So, “the process”. If your doctor tells you that you need an MRI, for example. You need to wait around after the appointment for the script, or the prescription-- script is short for prescription; the prescription in writing from that doctor that says you need an MRI. And it will say what type of MRI; lumbar, cervical, what happened or of different body part.
Anyway, you want that documentation. You want to take that documentation and you want to email it and or fax it, preferably fax it to the adjuster. Get a fax confirmation. In that you want to say, “Here is a script for my MRI. Please let me know when this will be authorized.”. And then you want to follow up with a phone call. If you have an attorney, they certainly can help you and will take the lead on this. However, the attorney still needs your help. They need your help in the sense that they need that written script. If you say, “Ooh The doctor said, they'll send it to the adjuster. No big deal.”. Well as an attorney, I have to still follow up with the doctor's office. And maybe they've done the script, maybe they haven’t.
This work injury is more important to you than it is to the staff at the doctor's office. So, in order to help facilitate your claim, it's important that you participate. And you participate by waiting, making sure you get the script and then sending it either to your attorney and or the adjuster to keep things moving. These cases go through a lot of delay. And a lot of it is you don't know if that doctor's office has actually sent the script. You don't know if that doctor's office actually has the script, unless you have it in your hands and you can forward it onto the adjuster. When you contact the adjuster, the adjuster may or may not have it and they may still tell you, “Well, I still got to get the script.”. You need to eliminate all that. Give them the script and say, “Well I fax you the script and here's confirmation that says it went through to you. I'll fax it to you again. I need you to confirm that you received it.”
Now, you've eliminated the whole guesswork of, “Did the doctor's office send it to the adjuster?” “Did the adjuster actually receive it?”. Now, you've eliminated all that. Now, it's get it scheduled as quickly as possible. It helps minimize delays for you and your care. And when you're in a lot of pain, that can mean a lot. So we hope that you found this information helpful. If you have any questions, please feel free to contact our office and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Website: https://www.tywilsonlaw.com/
You were injured on the job, and the first question you have is, “should the employer be paying for your medical bills?”. Hello, my name is Ty Wilson. I'm a Georgia workers compensation attorney. And our question today is “Is it the responsibility of the employer to pay for your medical bills?” Which it seems like a straightforward question, but the reality is there is an employer and there is an insurance company.
Not all employers are what is called subject to the workers compensation act and therefore not all of them are required to have Workers Compensation Insurance. A good guideline would be, does your employer have three or more employees? If they do, then there's a good chance that they're supposed to have workers compensation under the workers compensation act or Workers Compensation Insurance under the workers compensation act. So that is a good guideline to go by.
Just because I have three or more employees, doesn't always mean that they have Workers Compensation Insurance. You can contact the Georgia State Board of Workers’ Compensation. They have what is called a coverage unit. You can ask them. You can give them your employer's name and address. And they should be able to tell you if there is workers compensation insurance coverage.
The insurer is typically the one who pays the medical bills and potentially weekly checks, We've covered those in other videos. However, they’re long and short videos. The employer would pay, if there is no workers compensation insurance coverage. If they have the ability to do so. It gets trickier when there's no insurance coverage on the plan. We hope that answered your question. We'll see you in the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello, my name is Ty Wilson. I'm Georgia workers’ compensation attorney. And our question for today is what exactly are income benefits? When you get injured on the job, you may be entitled to income benefits. So what is that?
Well, if you are taken completely out of work for more than seven days by what is called an authorized treating physician, that is kind of a tricky deviation there. You may be entitled to income benefits as it relates to your injury. Now, a couple things you need to know:
- As soon as you get hurt on the job, you need to tell your employer immediately.
- I've been hurt on the job. I need medical care for my injuries.
If you get to a medical doctor and the doctor takes you out of work for seven days, and the employer has approved the medical doctors' visit and authorized it then you arguably should be entitled to income benefits. What does that mean? And it's not lost wages. Income benefits, what happens is workers comp takes 13 weeks prior to your injury. They average out your pay. It's called your average weekly wage and then they pay you two-thirds of that wage. And they cap it. Currently, the cap rate has recently been increased. And so the current maximum comp rate in Georgia is 675 that is changing from time to time.
So it's always important depending upon when you're watching this video that you speak with a Georgia workers compensation attorney or you contact the Georgia State Board of workers compensation and inquire as to what is the maximum rate or where you can find the maximum comp rate. Now, if you're getting, if you're qualified to get income benefits, they should start paying you the checks promptly after you've been taken out of work for more than seven days. That's going to require some communication with the insurance adjuster.
And so, you want to make sure that you keep great records. If a doctor takes you out of work and gives you a work status slip that says you are out of work and it gives you a particular time period that you're out of work. You want to keep that because that is your proof that you may be entitled to income benefits.
If you have specific questions, it is always recommended that you speak with a Georgia workers compensation attorney. If you have any specific questions, feel free to give us a call at the number on the screen or come visit us at our website. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
What is the maximum amount of income benefits you can receive under Georgia workers compensation? Hello, my name is Ty Wilson. I'm a Georgia workers compensation attorney. And our question today is what are the maximum benefits you can receive in workers compensation in Georgia?
Currently, this is being filmed in August of 2020. The highest workers compensation comp rate is six hundred and seventy-five dollars per week. How’d they get to that number? Well, they take your average weekly wage.
First of all, from the date of your injury, they go back 13 weeks. They take your average weekly wage of those 13 weeks and then they pay you 67% or two-thirds (⅔) of that and then it is capped if your average weekly wage is above 675. They're only going to pay you 675. That's the current top rate. And keep in mind that these rates change from time to time and they've changed rather frequently about every year they've been changing.
And so, if you're watching this video well beyond 2020, there is a high possibility that the Rate has gone up. You'll need to speak with a Georgia workers compensation attorney and or take a look on the web. And maybe contact the Georgia State Board of workers compensation, if you just want that information. We hope that you found this information helpful, and we'll see you on the next video.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello, my name is Ty Wilson with Georgia workers compensation attorney practicing law in the state of Georgia. And our video topic for today is what is actually considered light duty or limited Duty or modified duty. They all mean the same thing. The answer to that question really depends on the type of injury you have.
Your doctor is the one who will determine if you are on light duty or limited Duty or modified duty and what your limitations or modifications will be. If you injured your back likely a light-duty restriction would be no bending, no stooping, no lifting more than a certain amount of weight. That's for the doctor to determine that you see.
That's why it's important if you do get hurt on the job that you notify your employer immediately and that you request medical attention for your injuries. The doctor will determine what your duties and light duties and restrictions are. The employer has the opportunity to accommodate those restrictions, or if they cannot accommodate those restrictions you may qualify for income benefits under the Georgia workers compensation system.
Always recommended that you speak with a Georgia workers compensation attorney to find out what your rights are under the law. We hope that you found this information helpful. We hope that you'll come check out our other videos. And if you have any specific questions about your Georgia workers compensation claim, feel free to give us a call at the number below or check out our website and look at the other great free information that we have. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello, my name is Ty Wilson with Georgia workers compensation attorney practicing law in the state of Georgia. And our video topic for today is, “Do I get paid if I get injured at work?” or on the job and the short answer is that depends.
If you're injured on the job, the most important thing that you can do is notify your employer that you've been hurt and that you need medical care immediately. Once you get medical care, the doctor will help determine if you're entitled to income benefits because the doctor is going to determine if you can or cannot return to work.
They're either going to take you out of work completely, put you on limited light and or modified duty, we've heard them all called they're all the same thing. And that means that you can work in some capacity but not full duty heavy work, if that's the type of work that you do. And then lastly, they may release you to full duty and that means that you can do everything you could do before the injury.
And so depending upon, if you're taken out of work or not, or if you're provided light limited or modified duty, the employer may have to pay you income benefits, if they cannot accommodate any light modified or limited duty work.
Before you go back to work, it is important and critical that you speak with a Georgia workers compensation attorney immediately to find out what your rights are and where your claim may be going from that point in time.
We hope that you found this information helpful. We thank you for watching the video and we hope that you'll come check out our other videos and check us out at our website. If it questions don't hesitate to give us a call at the number on the screen. Thank you.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Okay so now you’re receiving medical care for your work injury. What can you expect next? Hello my name is Ty Wilson. I’m a Georgia Workers’ Compensation attorney practicing in the state of Georgia. And so, if you’ve received medical care, the first question would be… What is your work status?
The doctor you’ve seen should have said that you’re either out of work completely, you’re light duty and provided you restrictions or you’re full duty. If you’re fully duty, you return back to work and that’s what you can expect unless your injury gets worse and you are taken out completely from work or you are on light duty. So if you are at light duty, the question is, does the employer have work to accommodate your light duty restrictions.
This is a time where you should reach out to a Georgia Workers’ compensation lawyer immediately. Talk to them, find out what your rights are, because it is a critical step in your claim. If you choose not to, and return back to work, it can have an effect on your claim in the future.
If you’re out of work completely, what can you expect? The first seven days, nothing. After seven days, then they’re supposed to start issuing you income benefit checks. If you’re out of work for more than 3 weeks or 21 days, they should pay you for those first 7 days in which you got nothing initially. A lot of claims are resolved within those first 7 days so that the system or the legislature has put it in to place where they do not owe any income benefits for the first seven days. We hope that this information’s been helpful. We hope that we’ll guide you along if you need any guidance or help with your Georgia Workers’ Compensation claim. Please feel free to give us a call at the number below and we’ll see you on the next video.
Stay safe,
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello, this is Ty Wilson, and I wanted to say thank you for listening today. Let's get straight to it. We get a lot of questions about Georgia workers' compensation claims, and one of the first ones is usually when someone gets hurt, the first question they have is how do I get help? How do I start this whole process? And so the first thing you should do, probably one of the more important things you should do is you need to notify your supervisor.
We have a lot of people who contact us that say yeah, I don't know if the injury's serious and I don't necessarily want to get workers' comp involved because I'm hurting, but at the same time, I don't want to lose my job and so forth. Well, these are things you definitely want to think about. If your injury is minor, you may want to go get the care yourself, but you're going to have to pay for that care, and if you're willing to do that, well then you don't file a workers' comp and after 30 days you haven't provided legal notice, and your claim will be denied.
The more important thing is if you're injured to the point where you cannot do your job, it's causing you a great deal of pain, what is critical at that point is that you notify your supervisor and/or boss, preferably in writing, that you've been injured – and you want to tell them also – but you've been injured, you're hurt on the job, and more importantly, you need medical care for your injuries. A lot of these employers will do the right thing and say, hey, here's our panel. This is a list of doctors.
Select one of them and schedule you an appointment and on you go and they get a report and so forth. We do have a set of employers, though, that are not as kind about it, and they say we don't believe you're hurt. We don't think you got hurt on the job, and they just kind of push you away, or they terminate you would be the absolutely worst-case scenario. Certainly, if they terminate you, you're not worried about losing your job.
However, what's critical is that you do reach out to them, that you ask them for medical care as it relates to your injury, and get checked out and make sure that your injury is not one that is going to prevent you from working because being afraid of losing your job with a company that you may never be able to return back to work with because of your injury is a little silly. If you can't return back to work, they're probably going to terminate you anyway. And the reality is if you've got a serious bodily injury from an on‑the‑job accident, it is critical that you get the medical care paid for so that you can get and return to some form of work in the future. It will bankrupt you if you try to pay it out of your own income just from the fact that if it's a serious injury requiring surgery, that can get very expensive very quickly, and that is the No. 1 reason people file for bankruptcy is the high cost of medical care.
We'll see you on the next podcast. Thank you. Also, we do have a series of books and special reports that we've written on workers' compensation claims, special reports for the workers' compensation claims. If you're interested in getting those sent to you, please reach out to us via text message or telephone call at 912-233-1100.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello, Ty Wilson here, and our Georgia workers' compensation question today is what is a posted panel of physicians? What does it look like? Where can you find it, and what do you do with it? So, those are some great questions.
What is required under Georgia law is that the employer has what's called a posted panel of physicians if they want to control medical care for the work injury. So, typically, that is something that is posted up in a breakroom or where they have other government documentation printed up, such as federal wage and hour rules, minimum wage law rules, and all the stuff that people see all the time, but they never really take a close look at.
Well, that's typically where the posted panel of physicians is.
There are several rules that are related. We're not going to get into that as this would be a very long podcast otherwise, there should be at least six doctors. It's important if you need help with the panel, the question is, is it a legally valid panel. The easiest thing to do is to take a picture of the panel, reach out to an attorney or reach out to our office, we'll do it absolutely free of charge.
Why is that important? Well, it's important because if it's a legally valid panel by law, you need to remain on the panel and choose one of those doctors. Another reason if it's not a legally valid panel, then you get to choose whoever you want to go to as a doctor as long as they accept workers' compensation patients, and that can change everything.
Whoever controls the medical care in a claim controls the claim. It can be the difference between being taken out of work or put on light duty or being sent back to work full duty even though you're in pain.
There is a form. If you would like to see the form, you can go to the Georgia State Board of Workers' Compensation. Do a Google search, and when you get there, you want to look at forms, and when you see forms, there is a list of all the forms. That will give you a blank form as to what it looks like and what should be posted.
If there is not one posted, you do need to still reach out to the employer. You need to talk to them. Say I need medical care as it relates to my work injuries; what are the list of doctors, is what we can refer to a posted panel as, as well.
What is the list of doctors I have to choose from so I can get my medical care? Okay? So, that will cover what does it look like. We talked about where you can typically find it. It should be posted up somewhere. And what do you do with it? Well, once you find a panel, you want to look at it, you want to see is this panel legally valid, is this panel not legally valid. If you don't care about that, and you just want to get medical care, well you can select it. Sometimes some of these doctors on these lists can be friends of the employer, but you can certainly select one of them. You'll need to contact the adjuster who is also typically listed on the panel, and set up an appointment as each and every medical appointment in a workers' compensation claim must be authorized and approved by the insurance company on the workers' compensation side. There is obviously exceptions if there is an emergency situation. However, if it's not an emergency situation, it needs to be approved. So, it has to go through the workers' compensation insurance adjuster, and they're going to want to know what happened and get an idea of how you got injured. And so, that's all going to have to go through your conversation with your employer, whether it be HR, whether it be your boss or your supervisor. So, we hope that that has answered those questions.
Stay safe,
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233
One of the biggest myths related to Georgia car accidents is that the at-fault insurance will pay for your treatment as you seek it. That is not true. Listen to today's podcast and find out how these Georgia car wreck claims normally work. You maybe surprised?
Stay safe.
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
There is a lot of "fake news" about car wreck claims. One of them is that the at-fault insurance company has to pay for all of my medical bills from a car accident.
The reality is there are many reasons why the at-fault insurance company does not have to pay for all of your medical bills. The at-fault insurance first must confirm that their driver was liable or at-fault. If their driver is 50% or less at-fault, you will find it hard to recover any of your medical bills.
If there are major gaps in medical care, there is a high probability that the at-fault insurance company will not pay for all of your medical care. The reality is they view injury claims to be important and if it takes you two weeks to receive any medical care, they are likely going to deny paying for any of that care, unless it requires surgery.
If the at-fault driver has only minimum limits in Georgia ($25,000/$50,000) they may not pay for all of your medical care. Policy limits mean no more than $25,000 per person and no more than $50,000 per accident no matter how many people are injured.
So if you are involved in a crash with 10 people and everyone is hurt and the at-fault insurance company has minimum limits, unless your medical bills are very small there is a high likelihood that the at-fault insurance company will not pay for all of your medical care.
These are just a few examples, however, it is important that you know that the at-fault insurance company is not just going to pay for anything.
Stay safe,
Ty
This is the Ty Wilson Law podcast where we discussed legal topics, a Georgia workers' compensation, Georgia personal injury law and other general topics to help educate about the law. This is for informational purposes only. We do not represent you until we have a written agreement to do so. Our goal is to provide helpful information. Enter educate listeners. If you have a specific question on a Georgia legal topic, feel free to contact us toll-free at 877-960-4585.
Ty Wilson here, welcome My podcast were revisiting some common myths on Georgia personal injury claims in Georgia car accident claims that we see here in Georgia and one of the many misconceptions that people who were injured in Georgia car wrecks have is that the insurance company will cover all of their bills and pay for all their medical care. The reality is under Georgia law, they're only required to pay what is reasonable and necessary medical care
Thank you for listening. This has been to Ty Wilson law podcast if you have any specific questions on Georgia law or would like to obtain any of Ty's, books or special reports on the topics of purchasing auto insurance, headline car wrecks or Georgia work injuries call us today toll-free at 1-877-960-4585.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
When you are injured in a car accident and get hurt. First, you need to seek medical care for your injuries. It is important to discuss what you do for work so the doctor can determine if you are physically/medically able to return to work without restrictions based upon your injuries. If the doctor takes you out of work, you should request a work status report in writing stating that you are not able to work.
If you fail to get a work status report, it is highly likely that the insurance company will consider that you took yourself out of work and will not reimburse you for your lost wages. So once again, it is critical that you obtain a work status report stating how long the doctor is taking you out of work. You will also want to share this document with your employer.
Stay safe,
Ty
This is the Ty Wilson law podcast where we discussed legal topics of Georgia workers' compensation, Georgia personal injury law and other general topics to help educate about the law. This is for informational purposes only. We do not represent you until we have a written agreement to do so. Our goal is to provide helpful information. Enter educate listeners. If you have a specific question on a Georgia legal topic, feel free to contact us toll-free at 877-960-4585 Now, without further delay, here is Ty Wilson.
Hello, this Ty Wilson and our frequently asked question for today for is for Georgia auto accidents. How do you calculate lost wages or how are lost wages calculated? Well, first, you have to determine what are lost wages. If you were employed and you were injured and you medically been taken out of work, do you have to have a medical excuse saying that you're out of work? If you are out of work, then you could be entitled to lost wages or a lost wage claim.
If you're injured in an automobile accident, how do you calculate your lost wages? Well, it would be dependent upon how you earned your income. It is simple if it's a straight hourly calculation. If you were making $15 an hour and you missed 12 hours in one week, well, you multiply 15 times 12 and that's your lost wages.
However, if you earn money in another way, such as commission or non-standard hourly calculations such as tips, it becomes a little more complicated to establish your lost wages. What must be done typically is you must obtain what your wages were over the course of the last three months. When you average that pay for the last three months, that should give you an average, monthly and weekly and daily rate. Then you can calculate how much time you missed according to your medical excuses, and that will give you a good indication of what you're lost wage claim would be if you're involved in a George Auto accident.
Once again, one of the more critical things if you are injured in a George Automobile accident, is to make sure that the medical providers have provided you a work status Report which says you are unable to perform your job duties as the insurance companies typically require that to even consider a lost wage claim. Well, we hope that answers your question. I would love for you to come to check out our other audios and podcast, and we'll see you on the next podcast.
Thank you for listening. This has been to Ty Wilson law podcast if you have any specific questions on Georgia law or would like to obtain any of Ty's, books or special reports on the topics of purchasing auto insurance, peddling car wrecks or Georgia work injuries calls today toll-free at 877-960-4585.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
We get calls. Some people we can help and do, but there are a bunch of people who need help in areas of the law that we do not practice in. That said if we know of an attorney in that area of the law, we are always happy to provide you contact information so you can speak with an attorney more likely to answer your questions.
Let us know if you have questions and we will try to answer them or find others who can answer them.
Stay safe.
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
If you are an employee, it should be your employer, if you are an independent contractor you could be responsible for your own workers' compensation insurance coverage. If you are in a sub-contractor/contractor role you may be required to provide coverage to the contractor who hired you in order to work on a specific job.
If you have any questions, please call us at 912-233-1100.
Stay safe,
Ty
This is the Ty Wilson Law podcast, where we discuss legal topics of Georgia worker's compensation, Georgia personal injury law and other general topics to help educate about the law. This is for informational purposes only. We do not represent you until we have a written agreement to do so. Our goal is to provide helpful information and to educate listeners. If you have a specific question on a Georgia legal topic, feel free to contact us toll-free at 1-877-960-4585 Now without further delay. Here is Ty Wilson,
Who pays for workers' compensation insurance coverage? If you are an employee, your employer will pay for the Georgia worker's compensation insurance coverage. Not all employers are required to pay for workers' compensation insurance, and it is important that you know if your employer is subject to the Worker's Compensation Act, and that is pretty easy to determine. If there are three or more employees, then your employer is required to provide worker's compensation insurance coverage. There are instances where you have employers with less than three employees, and they also apply and are covered under the Georgia Worker's Compensation Act.
So it's important that you reach out to a Georgia work injury attorney. They can tell you pretty quickly if your employer has insurance coverage or you can contact the Georgia State Board of Workers, compensation the coverage in it and they'll be able to let you know that would be important and moving forward as it makes a claim a lot more difficult if the employer has no worker's compensation insurance coverage.
Thank you for listening. This has been to Ty Wilson law podcast if you have any specific questions on Georgia law or would like to obtain any of Ty's, books or special reports on the topics of purchasing auto insurance, peddling car wrecks or Georgia work injuries call us today toll-free at 1-877-960-4585.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
When you do not get to choose your own doctor after being injured, it is very frustrating. So a common question is what if I disagree with the workers' comp doctor. If you do not agree with him/her what are your options?
Can you change doctors? Is it recommended? Who will you change too? Is there a limit on who you can choose? We attempt to answer these questions and more.
Let us know if you have any questions about your workers' compensation claim.
Stay safe,
Ty
This is the type of also law podcast where we discussed legal topics of Georgia worker's compensation, Georgia personal injury law and other general topics to help educate about the law. This is for informational purposes only. We do not represent you until we have a written agreement to do so. Our goal is to provide helpful information and to educate listeners. If you have a specific question on a Georgia legal topic, feel free to contact us toll-free at 877-960-4585 now, without further delay, here is Ty Wilson.
Hello, my name is Ty Wilson, I am a Georgia worker's compensation attorney practicing law in the state of Georgia. And our video topic for today is, what if I disagree with the workers' compensation doctor on my injuries and my medical treatment? We have a situation a lot of times where the employees are not happy with the medical care they're receiving from the doctor that has either been selected for them or they have selected through worker's compensation. What is important is that you're comfortable with your medical care.
If you're not happy with your medical care, you're not seeing any improvements and you don't feel like you are being listened to by your doctor. You have options to change doctors. Unfortunately, it's not open-ended. It's not something where you could just change doctors like you change your clothes. So what you want to do is you want to speak with Georgia worker's compensation attorney.
You want to find out what your options are and what your ability to changes is and that will depend a lot on. Is there a valid posting panel of physicians or a list of doctors? Or did you find your doctor in some other way and his workers comp paying for it? Or is your health insurance paying for it? Where are you at in the claim? There's a lot of specifics that kind of pull in the answers for a worker's compensation attorney to provide you your proper legal rights and where you are in your claim.
Thank you for listening. This has been the Ty Wilson law podcast. If you have any specific questions on Georgia law or would like to obtain any of Ty's, books or special reports on the topics of purchasing auto insurance, peddling car wrecks or Georgia work injuries calls today toll-free at 1-877-960-4585.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Hello, my name is Ty Wilson, I am a Georgia Workers' Compensation Attorney. I have put together these frequently asked questions in a podcast format for information only. We do not represent you until we have a written agreement to do so.
What recourse do you have if you are being denied medical care from the adjuster? What really makes matters worse is some of the adjusters do not answer their phones and NEVER tell you they are going to deny your claim, they just avoid you and avoid you and avoid you hoping you will get frustrated and just get back to work.
The only problem with this is, when you are seriously injured you can not just get back to work. You need medical care to get better. Listen to this podcast to find out what you should do if you are being denied medical care or ignored to the point where you think you could be denied by silence. Stay safe, Ty.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
One of the big complaints we hear about the medical care the injured worker receives is that they are using "comp doctors". Well, you may not have to depend upon your claim, listen to our podcast about Georgia Workers' Compensation.
If you have a question feel free to email it to Ty@Tywilsonlaw.com or text or call us at 912-233-1100.
Stay Safe.
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
When you get injured on the job. One of the biggest concerns is how long can you receive medical treatment?
We visit this topic in this podcast. If you have any questions regarding Georgia workers' compensation claim, please call or text us at 912-233-1100.
Stay safe.
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
From time to time we have people who are concerned about the statute of limitations running on their Georgia workers' compensation claim. They know they have a claim but may not be ready to commit to hiring an attorney or the attorney may not think they need an attorney.
Regardless of the reason, the injured worker should still protect their claim as the Employer and insurer are not there to help them and typically will not explain what the injured worker needs to do.
Often the injured worker is on his/her own and left to learn Georgia workers' compensation law while they are injured, in pain and/or recovering from surgery and lost in the strange world of Georiga workers' compensation.
While you can contact the Georgia State Board of Workers' compensation, they can not and will not provide you legal information. If you require legal information you will need to contact a Georgia workers' compensation lawyer.
If you have questions you would like answered please do not hesitate to call or text us at 912-233-1100. Stay safe. Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
In our podcasts today, we received a question about if an injured worker could sue anyone related to the cause of his injury? We discuss what options you have under the Georgia Workers' Compensation Act and laws.
If you have a question about Georgia workers' compensation, give us a call and we will attempt to answer the question to help you and other injured workers.
Stay Safe.
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
If you are injured on the job, you have more questions than answers. Everything seems to happen so quickly. You need answers you can trust. We have been practicing Georgia workers' compensation law for 15 years plus. If you have a question regarding your Georgia workers' compensation injury, give us a call or reach out to our office. We are happy to try to help.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
If you are hurt on the job. You will likely experience very quickly that your Employer is not very happy. In fact, they may move you to a different position or send you home if they can not accommodate your light duty restrictions and they may be rude or mean in how they handle you if you are injured.
In this podcast, we discuss if you should quit and what may or may not happen if you do quit your job. Listen and let us know if have any questions you would like answered. Text or call us at 912-233-1100. Stay safe. Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
When you get hurt in a car wreck, the most important matter is liability and then liability insurance coverage. If you are partially at-fault it can affect your ability to recover the damages you have. If there is no liability insurance for the at-fault party, then it is up to you and your insurance policy to provide coverage. If there is no insurance coverage, the claim becomes a lot more difficult to recover on.
In this podcast, we explain what a $25,000/$50,000 insurance policy means and how it may or may not affect your Georgia car wreck.
If you have questions, text or call us at 912-233-1100. Stay safe.
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
When you get injured at work and are taken out of work completely for more than 7 days, you should start receiving weekly checks also known as income benefits. So how long will you receive them, you know unless you are catastrophically injured you will not receive them for life. So how long?
Well in this podcast we discuss ways you can get an estimate of how long to expect to receive income benefits.
If you have questions you would like for us to answer, please text or call us at 912-233-1100.
Stay safe,
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
We are contacted often by people who have been injured and they find out that the at-fault driver either has minimum coverage ($25,000.00) or no coverage. When the injuries are serious and valued either over the coverage at-fault party has, then what can you do?
You should contact your auto insurance and see if you have UM coverage. UM coverage stands for uninsured motorist or underinsured motorist coverage. It is add on coverage that you must either select to include in your auto insurance coverage or you must select that you do not want UM coverage.
UM coverage is critical if the other driver has no insurance or not enough. Often times the insurance companies will not let you purchase more UM coverage than liability coverage, but they will let you purchase the same amount. Is it expensive? No, not relatively speaking. You see you can not stop the teenager from texting and driving into your and your family, nor can you stop the drunk from drinking and driving. But you can do everything in your power to make sure you have enough insurance coverage so you are not hurt twice, once physically and once financially.
If you have questions about Georgia personal injury claims you would like discussed on this podcast, contact us either by phone or text at 912-233-1100. Stay safe, Ty.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
When you are injured on the job, you need to find medical care quickly. In a perfect world, your employer will properly direct you to a posted panel of physicians (aka list of doctors) you can review and select a doctor to seek treatment from. However, more and more we are seeing that the panel is not posted and in fact often times there is no panel that the employee/injured worker is aware of. The panel is in a drawer somewhere. So much for being posted. However, lately, we see the courts think this is ok and still allow the Employer control of medical care.
Medical care is critical, if you are injured on the job, you need to let your supervisor/boss know and request medical care. If you have questions you would like answered shoot us a text or give us a call at 912-233-1100.
Stay safe.
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
There is a lot of bad information out there on Georgia workers' compensation claims. If you are injured at work, you need to speak with a Georgia workers' compensation attorney to find out what your rights are and what benefits you may be entitled too.
If you have a question about a Georgia workers' compensation claim or Georgia personal injury claim, contact us by text or telephone call at 912-233-1100.
Stay safe,
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Not everyone is fortunate enough to have an employer pay for their health insurance. If you are hurt in a car crash, you will need medical care for your injuries. It gets more complicated if you are not able to work and have no money coming in because of the motor vehicle collision. Listen to this podcast for ideas on how to obtain medical care if you do not have health insurance.
If you have questions you would like answered, text or call us at 912-233-1100 and we will be happy to attempt to answer your questions. Thank you and stay safe.
Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Probably one of the more common questions we get from potential new clients. Listen and find out the various factors that go into valuing a personal injury claim. There are many moving parts and any attorney who can provide you value is an attorney you want to run away from. If they will provide you value, they will say anything to have you sign a contract with them to represent you. Be Informed, Be Aware Be Prepared.
If you have any questions you would like to discuss, please contact us by either calling or texting us at 912-233-1100. Stay safe, Ty.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
There is a great deal of confusion about workers' compensation claims and personal injury claims. My office often gets calls where an injured worker has been hurt at work and it was due to something everyone knew about a wobbly ladder or equipment that needs to be fixed and they typically very upset when they get hurt.
The first thing they typically ask is can I file a lawsuit against my Employer since he knew of the dangerous condition and did nothing about it. Well as you will find out in this episode the Georgia Legislature has created what is called the Exclusive remedy rule which requires an injured worker who is not hurt by a third party meaning was hurt by his Employer's negligence or a co-workers' negligence, must file their claim through the Georgia workers' compensation system.
While not great, news you need to know what you can and cannot do. What questions do you have, send them to us at 912-233-1100 or text them to us. Stay Safe, Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
At various points in a workers' compensation claim, the Employer/Insurer may ask if you would like to settle your claim. What does that mean and more important is that a good idea? Well, it really depends on where your claim is as far as medical care? Are you getting medical care, is the doctor about to return you to work? Are you receiving income benefits, if so how long are you likely to receive income benefits? Do you need surgery? Do you want the surgery that is being ordered? These are just a couple of questions that may be going through your mind. If you settle what do you give up and what to do get? All good questions and all questions that are fact and case-specific. If you have specific questions you would like to discuss, feel free to contact our office. We hope you find this information helpful and come listen to our other podcasts. Stay Safe, Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
When you get hurt in a car wreck some people believe that the at-fault insurance company is required to pay for your medical care. Listen to our podcast and let us know if you have any questions we can help answer. Stay safe, Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Georgia workers' comp lawyer Ty Wilson discusses resignations and workers' compensation claims. Many people are concerned about being forced to resign their jobs if they are injured on the job. The better question is will you be physically able to continue doing the job. Send us your questions at Ty@TyWilsonLaw.com or text them at 912-233-1100, we will be happy to answer them on an upcoming podcast. Stay safe, Ty.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
So when you get hurt on the job, you need to know what to do otherwise you could be denied medical care or income benefits. In this short podcast, Georgia workers' compensation lawyer Ty Wilson discusses what you need to do if you are injured on the job. Listen and if you have any questions about a Georgia work injury, send them to us and we will be happy to answer. Stay safe, Ty.
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest
Georgia attorney Ty Wilson discusses briefly in this short podcast if you should give a recorded statement after being injured in a motor vehicle collision.
Typically, when you are injured in a car wreck, you reach out to the at-fault insurance company to repair your vehicle and possibly for a rental vehicle and one fo the first things the adjuster will ask is for you to provide a recorded statement so they can "complete their investigation".
Listen to the podcasts and contact our office with any questions you have that relate to Georgia car wreck claims. You can call or text us at 912-233-1100 or email us at Ty@TyWilsonLaw.com. Come check out our other podcasts and watch our videos for common questions related to Georgia personal injury law and Georgia Workers' Compensation law. Stay safe. Ty
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
• Website • Facebook • Pinterest