If you have been injured on the job in Georgia and are receiving medical care and income benefits, you want to make sure you do not risk losing them by doing something you are required to do under the law.
Clearly this is a conversation you should be having with a Georgia workers’ compensation lawyer, however if you do not have one some general guidelines to follow are:
Report your Injury
It is critical to your work injury claim to report the injury as soon as you are aware of it. If you are not conscious or forced to receive medical treatment you advise your employer/supervisor/boss as soon as you are able. There are deadlines and if the deadlines run, you will be prevent from bringing a claim or your claim will likely be denied.
Follow instructions by authorized treating physician
A huge portion of any workers’ compensation claim is medical care. If the authorized treating physician is someone who treats you like dirt rarely sees you talks to you however returns you to work, you can risk losing benefits if you do not follow their direction. There are other ways to handle this. You should contact a Georgia workers’ compensation attorney immediately, as we are seeing this more and more. Most recently, we are seeing doctors take employees completely out of work. A few days later without having gone back to the doctor, the employee receives a call from the the employer advising the doctor has released them back to light duty. This frustrating especially when you are in a great deal of pain. Call an attorney, you may need them.
If your employer creates a job you can do and properly serves you the proper forms, you must go back to work.
This is known as the 240 return to work process. If the employer wants to you come back to work they can create a job that never existed before just to have you work instead of staying at home. Sounds unfair, but it happens. There are a bunch of rules and requirements, however if they are not handled properly, you could be looking at getting your weekly checks suspended/stopped, without a Judge ruling on if it was proper or not. The law provides for the employers to do this under what is known as the WC-240 process. If you have been served a WC-240 via certified mail, you should reach out to a Georgia workers’ compensation attorney immediately.
Providing Fraudulent information.
It should go without saying if you are filing a false claim, you could have your benefits suspended. The long and short of it is you are not going to fake a work injury for any sustained period of time and you will be prosecuted by the insurance companies, there is a lot of false information sent out as propaganda for the insurance companies which provide fake awards to the person who has “worked the system” to their advantage. The reality is that rarely if ever happens. Don’t even think about it. As an attorney who represents claimants, if I sense something is not right, we will withdraw from representation as we are here to help hurt workers who need help, not people trying to make money off of a system.
Be informed. Be aware. Be prepared.
Ty Wilson is a Georgia workers compensation attorney, serving Chatham, Effingham, Bryan, Bulloch, Liberty, Long, McIntosh, Wayne, Glynn, Camden, Brantley, Appling, Tattnall counties , who provides free information to the injured and the families of injured workers. Visit tywilsonlaw.com to order his FREE Georgia workers compensation “Special Reports” and to read his many articles and to watch his videos.
If you have specific questions for a workers compensation attorney in Georgia, give Ty at call 912-508-4711.