At George & Wallach, L.L.L.P., our Forest Park & Stockbridge workers' compensation lawyers have a deep understanding of our clients' perspectives and the various issues they face related to a workers' compensation claim. The claims process can be confusing and frustrating, and is often filled with various parties requesting actions and statements on your part. However, you have rights granted to you under the law, and you should not feel compelled to respond to any party without informed legal counsel.
If you have been injured or disabled on the job and are overwhelmed by requests from your employer or others, we can help. Contact us online or call (404) 366-5724 for a free consultation to discuss your rights and options.
For over 60 years, the lawyers at our Forest Park & Stockbridge, GA work injury law firm have played a central role in the development of Georgia's workers' compensation law, a role that we continue to play to this day. Over the years, we have witnessed employers attempt to trample on the rights of their injured employees. Although nothing can replace the seasoned advice of a skilled attorney, the following list is useful when you are facing a tidal wave of requests from all sides.
You have to sign a Form WC-207 (medical authorization): You do not have to sign this or any other release form that is not designated specifically to doctors who are treating you. This is particularly important when there is no pending hearing.
You must give a recorded statement in a workers' compensation case: Although a recorded statement is sometimes helpful, frequently it is not. You are not required by law to give a recorded statement.
"Subrogation" of a personal injury settlement arising out of a workers' compensation claim is automatic: The workers' compensation carrier is not automatically reimbursed.
You must cooperate with a case manager or rehabilitation nurse: This is a requirement only in circumstances where the insurance company has a state board-certified managed care organization or when your injury has been deemed "catastrophic."
You must settle your claim, or that it is time to settle your claim: Injured workers with incomplete medical treatment or intensive medical treatment should carefully consider future costs before accepting a settlement. We believe that injured workers decide when it's time to settle, not the insurance company.
You should delay treatment until after you settle: It is your body, and you should be able to determine what kind of care you require. Your settlement should consider future treatment costs.
You need or do not need a Medicare Set Aside: You should not rely on their interpretation for whether or not this should occur.
You must use the company doctor in all circumstances: There are procedures for changing doctors, and we can help with this.
They do not have to do anything for you if they send your check late: In actuality, the insurance company may have to pay penalties.
Because you are back at work and earning the same hourly wage as before the injury, you are not entitled to compensation: If you are working decreased hours because of your injury, you are not making the same as your previous wage and may be entitled to compensation.
Because you are over 65 years old, your condition cannot be considered catastrophic: A catastrophic injury is traumatic no matter what your age.
Our Atlanta catastrophic injury lawyers have over 60 years of experience representing employees in workers' compensation actions. We will take a genuine interest in ensuring that you are financially compensated for your injuries. You should only have to worry about getting better, not about your family's financial stability.