What if my workers comp surgeon specialist has me on light duty and my workers comp check up doctor puts me on full duty the next day? 🤔 why would my work com specialist say one thing and my work comp doc say another?
Thank you for your comment. So what important in the world of workers' compensation is who is your "authorized treating physician"? It soulds like you were treating with a doctor who referred you to a specialist. Certainly there is a good argument that the specialist has become your authorized treating physician since he has taken over care. I am confused why you were returned to your first doctor if they are not longer able to help you. I think your "work comp doc" is saying he does not have more to offer and has referred you to the "work com speicalist" who will now take over care. So not likely you will need to go back to the "work comp doc". Stick with your "work com specialist". So based upon what you told me it would likely indicate you are on light duty. However, always recommended you speak with a Georgia WC attorney to confirm the facts. I hope that helps. Stay safe, Ty
Thank you fir the very informative information. I’ve asked my lawyer several times this same question her response is consistently “I’m waiting for information” we’ve been waiting for 6 weeks. Because I was dismissed and have not received TTD benefits can I apply and collect unemployment benefits. I asked my attorney and she said no. How is that ok if I was dismissed and I dint have any cash flow,
@@michaelkreisel3573I am not sure it is illegal it depends on many things. Like are you out of work completely? If so you will have a difficult time qualifying for Unemployment. To obtain unemployment in Georgia you must be ready, willing and most importantly able to work meaning your doctor should have released you to some form of work. WC may also get a credit on their benefits so always good to speak with a workers comp attorney. It is good that you were able to get income benefits started. As far as the 20% from the attorney is concerned, in Georgia you must show that you did something to earn those atty fees. Sounds different where you are. Good luck moving forward. Stay safe. Ty
@@TyWilsonLaw Illinois different than Georgia fir sure. And yeah I did ask my lawyer for a receipt what she filed. Her response “I filed electronically” as if there is no receipt. I won’t push it kinda at her mercy but she knows I’m paying attention. Because I was fired while on this claim I should be paid till I get a new job. Right now I haven’t been released to work and I have at least 6 more weeks as I’m on PT and still waiting to be approved for surgery which will take more time to recover
What if your claim was denied and the doctor send you back to light duty but the employer gives you a different position where you lose a lot of wages ( tips ) should you ask the doctor to prolong the disability and collect EDD checks or accept the offer and go back to light duty ?
Good question, if your claim was denied you may need an attorney to attempt to open the claim. If you are back at light duty on a denied claim you should be careful because the employer will consider your injury was not work related so they can send you home or shift your job and reduce your pay with no problem for them. Reach out to a work injury lawyer in your state and discuss the specifics. Good luck and thanks for the question. Ty
What if you are not allowed to work because of your injury even if you are on light duty and you get terminated during this time. Can’t obviously look for work at this point till doctor releases to go back to work.
Be very careful. If you are fired and on light duty, the law requires that in order to keep receiving weekly checks you must perform a diligent job search for work within your medical restrictions. This means you need to be looking for work with the restrictions you have, you should not wait to be released to full duty, this can backfire you. You should be making a list of employers you have applied for. Be very careful, if you want to discuss send me a text and we can hop on the phone so I can explain further. Ty
@@pennyhenry9599 Understood, however, here is some not-so-great news workers' compensation is not concerned if you return to the same line of work. They are requiring you to look for work within your light-duty restrictions, if it is no lifting that just means you should look for no-lifting jobs. There may not be much available, but the law imposes a duty for your to look within your restrictions.
This happened to me in here in Kentucky, I was terminated, discriminated,bullied and harassed and I don't know what my rights are ,. Is the termination settlement part of workers comp, or can a retaliatory discharge claim be filled
Mr. Settle, I am sorry to hear this. You should reach out to a Kentucky work injury lawyer, they will be able to tell you best your next move. Remember you did not want to go back to this employer if they treat you like this when you need them. Stay strong. Ty
If workcomp dr puts you at MMI with a 2% rating on my knee. And my doctor has released me from his care. But my doctor acts like he don't want to see me anymore.. help this make since to me. I'm a broken 57 year old female help me make all this make since. I had my medial meniscectomy surgery meniscectomy medial surgery November 2023. I'm just broken Don't have a clue in mind for settlement offer
You should be free to go wherever you want, just keep in mind if you are dancing and flailing about, you could be captured on video by an investigator. Anything you do in public opens you to criticism. If they think they have caught you aggravating your injury on video you may regret going to the concert. They will take the video show it to your doctor and ask about your restrictions. That said Federal workers' compensation is different than state workers' compensation so you may want to reach out to a Federal Workers' Compensation attorney. Stay safe. Ty
What can a client do if his lawyer have show they wasn’t in their best interest and they received their portion of a check but mysteriously your check was supposed sent to the same address but was sent to another example 16 s street but 15 a street and now the lawyer is saying they not responding to emails and have confirmed the check was canceled but waiting on the cancellation to issue another one and the attorney says they will not per-sue the penalty but wants you to wait and per-sue it yourself , what can a client do to handle this situation thank you so much…..
Wow I am sorry to hear this. If your attorney’s address is listed on the settlement documents correctly then there really is no excuse. Especially if they got payment to your attorney. You hired your attorney to represent you till the matter is completed. I am not sure why they would not seek late payment penalty for a late payment. You should ask them to do so if payment is late. Good luck. Ty
Wow I am sorry to hear this. If your attorney’s address is listed on the settlement documents correctly then there really is no excuse. Especially if they got payment to your attorney. You hired your attorney to represent you till the matter is completed. I am not sure why they would not seek late payment penalty for a late payment. You should ask them to do so if payment is late. Good luck. Ty
That is very unusual. That is not a legitimate reason to fire an employee. Is your state a right-to-work state? If it is a right-to-work state they can fire you for cause or for no cause at all. Firing you for not being able to get in contact with your attorney is one I have not heard of before and has nothing to do with your employment. In Georgia they provide a separation notice and that is where the Employer puts the reason for the termination/separation. Ultimately you may qualify for unemployment if they are terminating you for reasons unrelated to your employment. Speak with your attorney about what is in your best interest based on their actions.
I hired a worker's compensation firm to settle the claim. The worker's compensation insurance responded back saying the maximum they can offer is $7,500 which is nothing. This means I will only get $5,500 and the attorney will get $2,000. The questions is what happens if I don't accept the offer? Will I owe anything to the worker compensation firm attorney in Georgia? The attorney said the case will remain open or that they will withdraw and if they withdraw that I will not owe them anything. Is this true? She said they will file a lien. Does this mean I will owe them? The actual contract says that if I terminate or if the firm withdraws that I will owe them $400 per hour or 25% of the highest settlement that was offered. The lawyer said several times that if I do not accept the offer they will either keep it open or withdraw and that I will not owe anything. Is this true that if I do not accept the settlement, I will not owe anything to the firm? Can you explain what a lean or lien is? Is this done when I agree to a settlement only or is it done when I don't agree to a settlement? The settlement is very little that it will only last 2 months then I will have to find another job. This is why I am not going to accept the offer and continue working with the company as long as I can. The worker compensation insurance is saying I will take FCE test the doctor is requesting. Ever since I opened the claim with the worker compensation firm, the insurance has kept the FCE test on hold. I was told I can see a second opinion for a doctor which I will do. What should I do with the firm attorney I hired? Tell them to withdraw? The longer I keep the claim open, the more money the firm can make? When I see the second doctor with the insurance and the FCE test, the firm attorney will tell me to send them paperwork they can process and therefore charge me more for what I owe them even though I didn't accept the settlement?
First of all, I am sorry about your experience. As far as a lien is concerned, that is the attorney filing to be paid for the time they put in on the file or in your case they would likely seek 25% of the offer. If they withdraw without filing a lien you will not owe them. In Georgia they have 20 days after being terminated to file a lien. If they withdraw they will file the lien when they notify the board. You have to weigh would you make more money continuing working for the company? Are you physically able to perform the work? If so you may not want to settle especially if you can do the work.
@@TyWilsonLaw So why would the attorney tell me on the phone that if I don't accept the settlement that I won't owe anything? She said the case would just remain open or that they might withdraw and I still won't owe anything. How long does a claim with the firm stay open for? She said it will remain open until the 400 weeks is over or when they withdraw. She doesn't want to withdraw so she will continue to represent me and all the treatment paperwork she will continue to process so therefore this means she can get paid more? Should I withdraw now or let them do it? The contract says if I withdraw or if the firm withdraws that I will owe the 25% of the highest settlement that was offer. She is telling me I will only owe money if I accept the settlement.
@@TyWilsonLaw You said that if the attorney withdraws and doesn't file a lien that I will not owe anything. Can an attorney do this on their own decision even though that's not what the contract says?
@@marvelprofessor6324 Yes, if the attorney chooses to withdraw they can waive their lien. That is up to the attorney. They would notify the State Board of Workers Comp in Georgia.
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What if my workers comp surgeon specialist has me on light duty and my workers comp check up doctor puts me on full duty the next day? 🤔 why would my work com specialist say one thing and my work comp doc say another?
Thank you for your comment. So what important in the world of workers' compensation is who is your "authorized treating physician"? It soulds like you were treating with a doctor who referred you to a specialist. Certainly there is a good argument that the specialist has become your authorized treating physician since he has taken over care. I am confused why you were returned to your first doctor if they are not longer able to help you. I think your "work comp doc" is saying he does not have more to offer and has referred you to the "work com speicalist" who will now take over care. So not likely you will need to go back to the "work comp doc". Stick with your "work com specialist". So based upon what you told me it would likely indicate you are on light duty. However, always recommended you speak with a Georgia WC attorney to confirm the facts. I hope that helps. Stay safe, Ty
Thank you fir the very informative information. I’ve asked my lawyer several times this same question her response is consistently “I’m waiting for information” we’ve been waiting for 6 weeks. Because I was dismissed and have not received TTD benefits can I apply and collect unemployment benefits. I asked my attorney and she said no. How is that ok if I was dismissed and I dint have any cash flow,
I am a realist, do what is best for your family to survive. That said you need to ask your attorney why they do not want you filing for unemployment.
@@TyWilsonLaw It's illegal and would be considered fraud. However after 10 weeks workman comp mailed me a check. Of course lawyer took her 20% first.
@@michaelkreisel3573I am not sure it is illegal it depends on many things. Like are you out of work completely? If so you will have a difficult time qualifying for Unemployment. To obtain unemployment in Georgia you must be ready, willing and most importantly able to work meaning your doctor should have released you to some form of work. WC may also get a credit on their benefits so always good to speak with a workers comp attorney. It is good that you were able to get income benefits started. As far as the 20% from the attorney is concerned, in Georgia you must show that you did something to earn those atty fees. Sounds different where you are. Good luck moving forward. Stay safe. Ty
@@TyWilsonLaw Illinois different than Georgia fir sure. And yeah I did ask my lawyer for a receipt what she filed. Her response “I filed electronically” as if there is no receipt. I won’t push it kinda at her mercy but she knows I’m paying attention. Because I was fired while on this claim I should be paid till I get a new job. Right now I haven’t been released to work and I have at least 6 more weeks as I’m on PT and still waiting to be approved for surgery which will take more time to recover
Go with your lawyer. They have a n interest in maximizing your claim for you and them. Good luck with your care. Ty
What if your claim was denied and the doctor send you back to light duty but the employer gives you a different position where you lose a lot of wages ( tips ) should you ask the doctor to prolong the disability and collect EDD checks or accept the offer and go back to light duty ?
Good question, if your claim was denied you may need an attorney to attempt to open the claim. If you are back at light duty on a denied claim you should be careful because the employer will consider your injury was not work related so they can send you home or shift your job and reduce your pay with no problem for them. Reach out to a work injury lawyer in your state and discuss the specifics. Good luck and thanks for the question. Ty
Can your employer drop your health insurance while on workers compensation
Unfortunately yes. The employer can stop providing coverage if you out of work.
Thanks
Good to know...
What if you are not allowed to work because of your injury even if you are on light duty and you get terminated during this time. Can’t obviously look for work at this point till doctor releases to go back to work.
Be very careful. If you are fired and on light duty, the law requires that in order to keep receiving weekly checks you must perform a diligent job search for work within your medical restrictions. This means you need to be looking for work with the restrictions you have, you should not wait to be released to full duty, this can backfire you. You should be making a list of employers you have applied for. Be very careful, if you want to discuss send me a text and we can hop on the phone so I can explain further. Ty
I should have said limited with no lifting. I work in veterinary medicine.
@@pennyhenry9599 Understood, however, here is some not-so-great news workers' compensation is not concerned if you return to the same line of work. They are requiring you to look for work within your light-duty restrictions, if it is no lifting that just means you should look for no-lifting jobs. There may not be much available, but the law imposes a duty for your to look within your restrictions.
This happened to me in here in Kentucky, I was terminated, discriminated,bullied and harassed and I don't know what my rights are ,. Is the termination settlement part of workers comp, or can a retaliatory discharge claim be filled
Mr. Settle, I am sorry to hear this. You should reach out to a Kentucky work injury lawyer, they will be able to tell you best your next move. Remember you did not want to go back to this employer if they treat you like this when you need them. Stay strong. Ty
Unfortunately, I am only licensed in Georgia, so I am not aware of Kentucky law. Reach out to someone who is familiar with Kentucky law. Good luck. Ty
If workcomp dr puts you at MMI with a 2% rating on my knee. And my doctor has released me from his care. But my doctor acts like he don't want to see me anymore.. help this make since to me. I'm a broken 57 year old female help me make all this make since. I had my medial meniscectomy surgery meniscectomy medial surgery November 2023.
I'm just broken
Don't have a clue in mind for settlement offer
😅my dr hasn't released me from his care... what do I do whats my rights in illinios
Please help me understand everything
I have a question can I go to a concert if I'm on federal.workers comp ?
You should be free to go wherever you want, just keep in mind if you are dancing and flailing about, you could be captured on video by an investigator. Anything you do in public opens you to criticism. If they think they have caught you aggravating your injury on video you may regret going to the concert. They will take the video show it to your doctor and ask about your restrictions. That said Federal workers' compensation is different than state workers' compensation so you may want to reach out to a Federal Workers' Compensation attorney. Stay safe. Ty
Thank you so much for the information !
@@deedeemoore6096 You got it. I hope that was helpful.
What can a client do if his lawyer have show they wasn’t in their best interest and they received their portion of a check but mysteriously your check was supposed sent to the same address but was sent to another example 16 s street but 15 a street and now the lawyer is saying they not responding to emails and have confirmed the check was canceled but waiting on the cancellation to issue another one and the attorney says they will not per-sue the penalty but wants you to wait and per-sue it yourself , what can a client do to handle this situation thank you so much…..
And this is in Georgia thank you so much
Wow I am sorry to hear this. If your attorney’s address is listed on the settlement documents correctly then there really is no excuse. Especially if they got payment to your attorney. You hired your attorney to represent you till the matter is completed. I am not sure why they would not seek late payment penalty for a late payment. You should ask them to do so if payment is late. Good luck. Ty
Wow I am sorry to hear this. If your attorney’s address is listed on the settlement documents correctly then there really is no excuse. Especially if they got payment to your attorney. You hired your attorney to represent you till the matter is completed. I am not sure why they would not seek late payment penalty for a late payment. You should ask them to do so if payment is late. Good luck. Ty
@@TyWilsonLaw thank you brother
What if they fired you because they said they could not get in contact with your attorney? Thats what happened to me.
That is very unusual. That is not a legitimate reason to fire an employee. Is your state a right-to-work state? If it is a right-to-work state they can fire you for cause or for no cause at all. Firing you for not being able to get in contact with your attorney is one I have not heard of before and has nothing to do with your employment. In Georgia they provide a separation notice and that is where the Employer puts the reason for the termination/separation. Ultimately you may qualify for unemployment if they are terminating you for reasons unrelated to your employment. Speak with your attorney about what is in your best interest based on their actions.
I hired a worker's compensation firm to settle the claim. The worker's compensation insurance responded back saying the maximum they can offer is $7,500 which is nothing. This means I will only get $5,500 and the attorney will get $2,000. The questions is what happens if I don't accept the offer? Will I owe anything to the worker compensation firm attorney in Georgia? The attorney said the case will remain open or that they will withdraw and if they withdraw that I will not owe them anything. Is this true? She said they will file a lien. Does this mean I will owe them? The actual contract says that if I terminate or if the firm withdraws that I will owe them $400 per hour or 25% of the highest settlement that was offered. The lawyer said several times that if I do not accept the offer they will either keep it open or withdraw and that I will not owe anything. Is this true that if I do not accept the settlement, I will not owe anything to the firm? Can you explain what a lean or lien is? Is this done when I agree to a settlement only or is it done when I don't agree to a settlement? The settlement is very little that it will only last 2 months then I will have to find another job. This is why I am not going to accept the offer and continue working with the company as long as I can. The worker compensation insurance is saying I will take FCE test the doctor is requesting. Ever since I opened the claim with the worker compensation firm, the insurance has kept the FCE test on hold. I was told I can see a second opinion for a doctor which I will do. What should I do with the firm attorney I hired? Tell them to withdraw? The longer I keep the claim open, the more money the firm can make? When I see the second doctor with the insurance and the FCE test, the firm attorney will tell me to send them paperwork they can process and therefore charge me more for what I owe them even though I didn't accept the settlement?
First of all, I am sorry about your experience. As far as a lien is concerned, that is the attorney filing to be paid for the time they put in on the file or in your case they would likely seek 25% of the offer. If they withdraw without filing a lien you will not owe them. In Georgia they have 20 days after being terminated to file a lien. If they withdraw they will file the lien when they notify the board. You have to weigh would you make more money continuing working for the company? Are you physically able to perform the work? If so you may not want to settle especially if you can do the work.
@@TyWilsonLaw So why would the attorney tell me on the phone that if I don't accept the settlement that I won't owe anything? She said the case would just remain open or that they might withdraw and I still won't owe anything. How long does a claim with the firm stay open for? She said it will remain open until the 400 weeks is over or when they withdraw. She doesn't want to withdraw so she will continue to represent me and all the treatment paperwork she will continue to process so therefore this means she can get paid more? Should I withdraw now or let them do it? The contract says if I withdraw or if the firm withdraws that I will owe the 25% of the highest settlement that was offer. She is telling me I will only owe money if I accept the settlement.
@@marvelprofessor6324I am sorry I can not speak to what your attorney said or why.
@@TyWilsonLaw You said that if the attorney withdraws and doesn't file a lien that I will not owe anything. Can an attorney do this on their own decision even though that's not what the contract says?
@@marvelprofessor6324 Yes, if the attorney chooses to withdraw they can waive their lien. That is up to the attorney. They would notify the State Board of Workers Comp in Georgia.
Are you an attorney for Georgia and ky