April 2010 Archives

April 29, 2010

If I'm a healthcare professional and hurt my back at work, do I have more say in my medical care?

Several of my clients are nurses, nurse practitioners, or physicians' assistants. They tend injure their backs while lifting patients: disc bulges, disc protrusions, herniated discs, sciatica, etc. Because they have backgrounds in medicine, they often want to have more control and "say" in how their care is delivered.

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If your workers' compensation claim is accepted by the insurance company, and you are receiving disability benefits, you do have to attend your medical appointments to avoid a motion to suspend your benefits. However, if your doctor is suggesting you have surgery, and you don't want it, you can certainly get another opinion or opt to wait and instead treat conservatively for longer (using physical therapy, medication, injections, etc.).

Feel free to call my Atlanta law office to speak with a workers' compensation lawyer about your options and recommendations for getting quality medical care while on workers' comp in Georgia.

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April 20, 2010

How should I respond to questions about past injuries and claims in my workers' comp deposition?

If you file a workers' compensation hearing request in Georgia, you will almost certainly have your deposition taken by the insurance defense attorney. You may be a bit nervous about sitting in a conference room with a couple of lawyers and a court reporter, but in general, it's not an event to dread.

Your deposition allows you a chance to tell your side of the story.  It gives the attorney representing your employer and its insurer a chance to see what kind of witness you'll make--how good your memory is, whether you appear injured, how articulate you are, and how truthful your demeanor is. Most of the time, the workers' compensation claim will start moving toward litigation or settlement after the deposition and any medical records requests that follow are completed.

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When the questioning attorney asks you questions, you are under oath. Always tell the truth. Listen carefully to questions asked. If you don't know the answer to a question, say so; don't speculate. And if you think an answer to a question is harmful (such as questions about old injuries, car wrecks, and workers' comp claims in your past), be truthful anyway. Let your attorney worry about how to handle the facts. Chances are, the information you're worried about revealing won't be an issue anyway (especially in Georgia, where an aggravation of a past injury is a new injury under workers' compensation law).

The worst response you can give in a deposition is an untruthful one. If you look like a liar in front of the Administrative Law Judge, you will have a hard time winning your case or getting anything reasonable as a settlement offer. Again, listen to the questions carefully, tell the truth, and trust your workers' compensation attorney at Moebes Law to present your case for you.

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April 14, 2010

It's April 15. Does this mean I need an Atlanta workers' compensation attorney?

Having trouble paying your taxes because you've been injured at work in Georgia? Then you need a workers' compensation attorney.

Frustrated because the Titanic sank on this day, like your income potential from getting hurt? You obviously need a good workers' comp lawyer.

Trying to figure out whether anyone will bring you chocolate on Earth Day? A perfect opportunity to come see a workers' comp attorney.

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Lucky for you, my Atlanta office is well-populated with Georgia law experts and a workers' compensation attorney. See? There's hope. Even on April 15.

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April 8, 2010

If the Georgia State Board of Workers' Compensation sends my case to mediation, do I have to accept?

Most of the time, if you and the employer and/or insurer have been scheduled to mediate your Georgia workers' compensation claim, it is arranged by agreement of both sides and by filing a Board Form WC-100 with both sides' signatures. However, I have been involved in a contentious workers' compensation hearing in Atlanta, and the Judge ordered us to go down to the ADR (alternative dispute resolution) unit to mediate the case. In a case such as that one, we were required to attempt to resolve our issues with a mediator, but we weren't required to settle (and we didn't).

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In short, you cannot be forced to accept a settlement offer from the insurance company. You may be force to attend a mediation and attempt to settle your case, but if the best offer given is not good enough for you, you may walk away. If you would like help with evaluating and pricing your workers compensation claim in Georgia, feel free to call my Atlanta law office for a consult.

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