What Happens to Your Work Injury When You Don't Get Better? | Georgia Workers’ Compensation Attorney
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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. So there's a lot of things that they can do to manipulate those checks that you're receiving.
And so it really is a good time to reach out to a Georgia workers compensation attorney and discuss what options are available to you. As far as settlement trying to resolve the claim, maximize what you can get in a lump sum. And figure a way to move into either going back to school reeducating yourself or getting trained in something that will not put the pressure on your body that your original work injury did. We hope this information has been helpful and we'll see you on the next video.
You should do a video of what happens to your work injuries that don’t get better and you get fired. I’ll tell you. LOUD CONSISTENT DISTURBANCES HATE TEXTS INVASION OF PRIVCY and FALSE RUMORS
Omg beyond helpful 👍🏾
I am at that point now !
great videos!
Thank you for your comment. I hope you are able to recover. Hang in there. Ty
@@TyWilsonLaw well the only I am worried about they didn’t tell me to keep log book they find a job with 5pound limit
I have failed back syndrome
79% aww 1889 week
@@anthonywylie9607 Depending on where you were injured the laws could be different than in Georgia. So you may want to check with local counsel if you have specific questions about your state.
I was injured at work. Went to the hospital complaining of a bad headache, and major pain in my neck shoulder and wrist. They xray my chest and wrist then discharge, no pain meds and straight to physical therapy. They never treated my head or neck at all in the 3 years I was on workers comp. 4 months after the injury I find out my collar bone was broken. It's still broken ( 5 years later) . They basically financially killed me in to settling. The pains been getting worse and worse and idk what to do. No doctor will treat me because it was workers comp. What do I do? Please help me!!!
Wow, I am very sorry to hear this. I had a very similar case where my client broke/fractured his lower back and hurt his neck/cervical spine. However, he did not complain for 6 months and multiple doctor's visits. We attempted to get the care for his neck which at that time was surgery picked up by WC. We lost and appealed and lost again. The time frame from which you have the injury and complain to the doctors is very important. You said they "financially killed me in to settling?" Are you able to seek out any care for your collar bone? If WC denied it, it can not be used against you. Meaning if it was a WC injury, and they denied it. It is no longer WC. You can attempt to explain to the doctor that it is NOT workers comp. You can explain you no longer have a claim. The issue is that it is now your responsibility not WC. Doctors stop attempting to treat when they find out it is a workers' comp claim. The reason is they do not get paid, unless it is approved and authorized by the WC insurance company. The doctors do not want to work for free nor do they want to chase down the small amount WC pays for claims.
Do you have any form of insurance or medical assistance like Medicaid? You should consider your options with that and possibly consult with a Social Security Disability Attorney to see if you have any options there. SSDI may qualify you for Medicare, which could also help pay for medical care. Again, I am sorry about the world you find yourself in. I hope this was helpful in providing you some guidance moving forward. Good luck. Ty
Great video I just had a Long bar limited me back in April 2022 I am going to need future medical they even say I might need surgery again sometimes it feels like my back will break if I try to bend or lean forward and this sucks
Thank you for the kind words. I am sorry you have been injured. If you think you will need future medical care including a surgery you may want to remain in comp system.
@@TyWilsonLaw I talked to a lot of people and they tell me that to do a compromise and release because it's difficult for the insurance company to approve anything even with my lawyer we have to fight to get MRI we have to fight to get a lot of things approved
@@edwardkareem6446 You should speak with your lawyer on if that is what is best for you based upon where you are at in your claim. The system can be very frustrating.
@@TyWilsonLaw I'm just over it I already got surgery I already did physical therapy I already went to qme after that I had a deposition I think the only thing that we're waiting on is the report
@@edwardkareem6446 Sounds like you are near the end. I wish you and your attorney luck, in getting this matter resolved quickly so you can move on with your life and put this behind you. Stay safe, Ty
Hey I’ve had a work injury to my foot and I have nerve damage it was caused by a coworker who wasn’t properly trained I have to do multiple exercises just to be able to go about my day any help also my therapist tells me and also my doctor that it can be permanent I work here in Georgia any advice?
Carson I’m sorry to hear about your work injury. If you like give me a call or shoot me a text at 912-233-1100 and we can try to get on the phone and discuss your claim. Ty
I was just wondering, my doctor released me back in February. And I’m about to run out of unemployment and I still haven’t gotten better. During that time I’ve had four different Cortizone injections. And an MRI on my thoracic spine and they found I had a disc herniation. I’m being sent back for another MRI on my lumbar spine. And my doctor is requesting surgery for the second time.
Originally, I was supposed to get surgery back in June. When we requested in April. Worker’s Comp. didn’t respond for two months, and they said no because he didn’t get Cortizone injections. And they denied those in the first place.
I also found out that I won’t be getting temporary disability after my surgery because I didn’t have wages to match. Despite that I was not ready to go back to work because of my injuries. I also have three disc herniations, a disc bulge, a partial, labrum thickness tear in my hip, and I’m trying to get an MRI of my shoulder blade.
I was wondering if my doctors can be held accountable for releasing me when I shouldn’t have been released. And if it’s still possible that I can make a case that I wasn’t ready to go back to work and I can get temporary disability.
I was also wondering if Worker’s Comp. themselves can be held accountable for denying me care that I needed and delaying treatment.
Ok, this is pretty involved, is your claim in Georgia? If yes, when is the last time you received temporary total disability weekly checks? Did you quit your job or did the employer terminate you for reasons unrelated to your work injury? This maybe one best suited for a phone call if it occurred in Georgia? Let me know, there are a lot of moving parts here. Ty
To answer your questions if in Georgia, Workers comp is not held accountable for delaying treatment, their goal is to delay, delay deny. That sounds like what you are going through. That said WC knows they do not have to pay for pain and suffering so we see a lot of cases where the delay in treatment screws the injured worker from recovering. Since there is no penalty for delay they are not concerned.
The doctors can only be held accountable if they malpractice themselves but by releasing you they are saying that is their opinion typically speaking if a doctor does not blow the standard of care, he will not be held accountable.
You still potentially have an ongoing case and depending upon your situation maybe entitled to income benefits and should be entitled to continue medical care.
What if you are injured at work with hernia did first surgery n then another surgery for hematoma n during the second surgery the doctor noticed the blood levels were off n got referred to a specialist n then been told you have some kind of cancer!
First of all, I am sorry to hear of your cancer diagnosis. I hope this is something where they caught it early. Cancer is something that would be difficult to show was causally related to your work injury. I hope you become cancer free quickly.
Afternoon SIR
I got hurt in 2020
I got laminectomy
And a rating 21%
Still hurting done whole lot of therapy
Went to a specialist
He suggested L5-S1 fusion
Still don’t feel or move
correctly ,it’s gonna be a year next Feb in I had fushion
Very unstable got appointments for F CE
This month
Also sacroiliac injections at the end of the month
I am electrician 59 years of age what should I expect
Mr. Whlie, good afternoon. Several questions, is your case in Georgia? Do you have counsel? Are you receiving temporary total disability checks currently? Did the FCE, state whether you can work sedentary duty or very light duty? Has your surgeon said you are at MMI- maximum medical improvement? Do you agree or are you looking for a second medical opinion?
Well I had light duty after 1st fce
I work 9
Then qme put me on ttd
No I am not in Georgia
New Mexico
After the surgery qme ask me to bring ss application so he can fill it out I won’t see my surgeon till dec 27.
Qme was that might another fushion every 2 years thank you for replying
@@anthonywylie5771 So New Mexico could be different from Georgia. So I hate to say it but I do not know New Mexico law. You should speak with a New Mexico workers' compensation attorney and a New Mexico SSDI attorney. It would be best if they were the same person or in the same office so you know everyone is on the same page. Because the states are so different in their laws, and not practicing in New Mexico, I can not offer any advice moving forward. You would do yourself a disservice to attempt to resolve without an attorney who knows what you are entitled too, and knows a valuation that would be fair. I would seek one out. Even paying attorneys fees you will come out ahead because of the experience with the WC system. Good luck. Ty
I denied the fusion after my laminectomy It’s not worth it. Keep letting them cut on you is not good
More like a sales talk.
Thank you for your comment.
What option/s do I have when no WP case is found in my name but they handed me the WP card (with the case number, etc.)?
Thank you for your comment to make sure I understand your question, please tell me what "WP" stands for?
@@TyWilsonLaw Thank you for your time, meant to type WC -> Worker's Compensation.
@@blackfa5823 I am not familiar with WC cards. I would call the workers' compensation board or commission in the state you are in. If they can not find you, you may need to speak with an attorney about getting the case started properly as the insurance adjuster may not have filed what they are supposed to file with the board/commission. I hope that helps.
@TyWilsonLaw Very much appreciated and thank you a lot for your time.
@@blackfa5823 Hopefully that helps point you in the right direction.