Ty Wilson Law Podcast

So what can you do if you've been injured on the job and your employer will not approve your claim or file your claim or turn your claim over to the insurance company? Hello, my name is Ty Wilson. I’m a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. 

And the short answer is if the employer is blocking you from being able to obtain or set up a claim or obtain medical care, you should reach out immediately to a Georgia Workers’ Compensation attorney and see what rights you have. 

Another option would be also to find what is called the posted Panel of Physicians. If the employer has a posted panel of physicians, oftentimes at the bottom of the panel of physicians is the contact information and the claim number for the Workers’ compensation insurance carrier. You can often try to set up the claim through them. 

I will tell you that the first thing the adjuster is going to do is they're going to reach out to the employer. And they're going to say, “Been contacted by a worker of yours and they said they're hurt what's going on?” And they're going to talk. And so if you speak with a Georgia Workers’ Compensation attorney and then retain one, they will reach out and do all of that legwork for you to set up that claim and move forward with obtaining medical care for you. Hope that information has been helpful. And we'll see you on the next video. 

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Can I file a workers’ compensation claim if the injury is my fault? 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, “Can you file a work injury if it's your fault or if the reason you got hurt into your fault?” And the short answer is “Yes”. 

The Workers’ Compensation in Georgia, the workers’ compensation system, I should say, in Georgia is a no fault system. And so regardless of fault, you can file for a worker's compensation claim. Now, are you entitled to benefits? Well, there are other things that will come into play. If you were horse playing under the influence of drugs or alcohol, you will be denied a claim regardless of if you file it or not. And so there are certain reasons for them to be able to deny your claim. 

However, being at fault for the injury is not one of them. And so there are always exceptions. So this is a very fact specific area. So you should reach out to a Georgia Workers’ Compensation attorney. Ask them some questions. Tell them how you got hurt because the facts are what matter in these types of scenarios. And speak with them about if they believe you have a claim and should continue to pursue the claim based upon your conversations with them. I hope that information has been helpful and we'll see you in the next video.

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Can I file a new claim if I already have a medical condition and a work accident has made the condition worse? Hello, my name is Ty Wilson, I'm a Georgia Workers' Compensation Attorney practicing law in the State of Georgia. And you've heard our topic for today, and the short answer is “it depends”.

Under workers' compensation, certainly, if you have a new injury where you're injured on the job and you're injured in what is called the course and scope of your employment, you have a worker's compensation claim. However, if you have a pre existing condition or an injury that happened prior to your work injury, there is a possibility that you may have a worker's compensation claim if it was aggravated by a work injury. 

So how do you determine that? Well, the short answer is you don't. It is the doctor, and more likely, the authorized treating physician who will make that determination. And so they need to see you. They need to hear how you've been hurt. And more importantly, you need to describe your job details, what you were doing and what kind of started the event of aggravating your injury. 

Sometimes this is complicated. Sometimes it's not a one time event. Sometimes, it's over an extended period of time, the condition got worse. It's important that you explain with your doctor what's going on, what happened and what pain your feeling in all parts of your body as a result of this injury. And they will then make a determination as to if this has been an aggravation of a pre existing condition which will be covered through workers' compensation. 

However, if they do not believe that this is an aggravation, then it will not be covered through Georgia Workers' Compensation. So it's really critical with the doctor that you get to. As we have seen, some doctors who have told us directly that they do not believe that aggravation injuries should be paid for from workers comp. Well, that's not their determination to make. 

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So can I collect pain and suffering for my workers’ compensation injury? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our question for today is, “Can you collect on pain and suffering?” 

We represent a lot of people who have very painful injuries, ended up having to have surgery and the recovery can be long and can be painful. Unfortunately, the Georgia Workers Compensation Act does not provide any money for pain and suffering. That being said, we know a lot of people still want pain and suffering. It's just not something that the insurance company won't pay for if they do not have to. 

And I know that that can be a hard pill to swallow. However, that is the current law in Georgia. Personal injury cases do have a pain and suffering element to them. Workers’ compensation claims, though, do not. If a workers’ compensation attorney tells you that they can get you pain and suffering, you want to run and you want to run far away quickly because unless the Law has changed, currently 2021 you're not entitled to pain and suffering under Georgia Workers Compensation Act. Hope that information has been helpful and we will see you on the next video. Thank you. 

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So what if you suffer an injury outside of your workplace? Hello, My name is Ty Wilson. I'm a George Workers’ Compensation Attorney practicing law in the state of Georgia. And our question for today is, “Will I qualify for Workers’ Compensation, medical care and income benefits if I was injured outside of the place where I work? And the short answer is maybe, it depends. 

It completely depends upon the facts of the situation. Where were you injured specifically? Were you injured in a parking lot connected to the building? Were you injured three miles away? Those make a big difference as to if Workers compensation benefits could be qualified for. And so it's always recommended you speak with a Georgia Workers Compensation Attorney. 

The law is changing rapidly in this area. And so what is good today may not be good tomorrow and vice versa. So it's important that you speak with the Georgia Workers Compensation Attorney. Let them know specifically the details related to your claim. And they can best serve and try to offer you help. And speak with you about  where the law stands at that point in time. Hope that information has been helpful and we will see you on the next video.

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Can I receive Workers’ Compensation income benefits and medical care if my work injury was my fault? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing Law in the state of Georgia. And our video topic for today is, “Can I receive Workers’ Compensation benefits, both income and medical care if the accident that occurred was my fault?” And the short answer is possibly. 

Facts are incredibly important in a scenario like that. However, we have had situations where someone was arguably at fault for their injury and they were able to obtain workers’ compensation income benefits and medical benefits in order to get back on their feet with their injury. 

And so it's highly recommended that you record and logdown to the best of your memory.  everything that happened that led up to the injury. And that you reach out and speak with a Georgia Workers’ Compensation Attorney and discuss the details because details are very very important when it comes to work injuries that may or may not have been your fault. 

A lot of it depends upon details about the claim, but typically I would say that there is a good chance that you would be entitled to medical benefits. But once again, there's so many exceptions. You're going to want to speak with the Georgia Workers Compensation Attorney to make sure. I hope that's been helpful. And we'll see you in the next video.

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So can your Workers’ Compensation claim be denied if you don't report the accident? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our question for today is, “Can your claim be denied if you don't report the accident quickly?” And the short answer is absolutely it can. 

Currently, there is what is called a “Notice Provision”. It is required that you, as the injured worker, notify your employer as quickly as possible. If that time frame expires and you have not notified your employer within a 30 day time period, there is a very good chance that they will deny your claim. And there's a very good chance that the law will support them in denying your claim. 

So it is critical. It could be one of the most important things or elements in your workers compensation claim. You don't want to play around with providing notice, you want to let them know. The employer has the ability to investigate the claim. And you want to let them know immediately so that they can investigate the claim. Especially if it's a complicated way that you were injured. 

All cases are different. The most important thing, though, is you notify your employer and you ask them for medical care. If you have any questions about workers’ compensation claim you have it's always recommended you speak with the Georgia Workers Compensation Attorney. We wish you luck and we'll see you on the next video.

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Can you sue your employer or co-worker for a work related injury? Hello, my name is Ty Wilson. I’m a Georgia Workers’ Compensation attorney practicing law in the state of Georgia. And the short answer on this is probably not. 

Georgia has what is called the exclusive remedy rule, and what that means is if you are injured because of something your employer did or because of a co worker, then you have to file the claim through the Georgia State Board of Workers Compensation. 

So what does that mean? That means in a situation that if you would not have been at work, you may have been entitled to personal injury, painted suffering, lost wages, full loss wages, etc. However, because it was in a work setting, you must go through the workers compensation system and you will be paid comp benefits instead of lost wages. And you will not be paid pain and suffering. But you also are in what's called no fault system. 

And so that is the supposed trade off for having a work injury. You do not have to prove negligence of either your employer or your co-worker in those types of scenarios. If you have a specific question about a workers’ compensation claim related to your employer and or a co worker, there are exceptions to every rule. And so we would recommend you speak with the Georgia Workers Compensation Attorney to get more information about what you may or may not be entitled to. We hope that information has been helpful and we will see you on the next video. 

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So what is not covered under Georgia Workers’ Compensation claims? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And so some of the things that are not covered as far as injuries are concerned are if the individual who's been injured is either intoxicated by alcohol or drugs. 

Now every situation is unique in the sense of how they were injured. And so it depends on how they're injured, if there is no coverage. There could be a situation where there actually is traces of alcohol and or drugs in the system. And there is coverage because of how the individual got hurt. So there are several situations where the individual may not have been actually doing anything that caused or contributed to their injury. 

If they're intoxicated and they did not cause and or contribute to the injury, there is a possibility they still could qualify for income benefits or medical benefits and then subsequently income benefits as a result. It's very fact specific. It's always recommended you speak with the Georgia Workers Compensation Attorney regarding any type of intoxication issue. 

Now, another area where Workers’ Compensation will deny you outright is if you're horseplaying. If someone is goofing around and then they get hurt or they hurt someone else. If you're part of that goofing around group, the chances are you're going to be denied medical benefits and then subsequently income benefits as a result. However, once again, the situation is always factually specific. So it depends on exactly what happened. 

If you have a question like that, I always recommend you speak with a Georgia Workers’ Compensation Attorney. Tell them what happened and remember, it's not what you know, but it's what can be proven. And so a lot of times witnesses come into play with horseplay type scenarios. I hope that information has been helpful and we will see you on the next video.

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So how will filing a personal injury matter with your workers compensation claim affect your workers compensation claim? Hello, my name is Ty Wilson. I'm a Georgia Workers Compensation Attorney practicing law in the state of Georgia. And our question for today is, “How we're filing a personal injury claim affects my existing workers compensation claim?” And the short answer is, it depends on how your attorney and or attorneys (plural). Some people hire multiple attorneys, some people hire one that can handle everything. 

It depends on how they handle the claim and structure claim. “Are they working together or are they working for each other and not necessarily working together?” which may or may not affect you. And so that is probably the biggest question. The things that you should know about is if you have a worker's compensation claim, they're likely going to try to assert what is called a ‘Right of Subrogation” or “Right of Reimbursement”. They mean the same thing. And that means that the insurance carrier who is paying all the benefits out on the workers compensation claim will potentially attempt to get involved with your personal injury claim to make sure that they're paid back. 

Now, is that a guaranteed right? Well, there's a lot of questions that must be answered. It's important that you have an attorney to help you with that, as that gets complicated. The rules of subrogation and right of reimbursement get complicated quickly. So specific information is important, and that will help determine if, in fact, the workers compensation carrier is entitled to be paid back or if they're not entitled to be paid back. And a lot of that's going to depend upon the severity or seriousness of the injuries and the amount of time you've been out of work, lost wages, etc. 

And so very important that you speak with the Georgia Workers Compensation Attorney. And ask them more information about the claims and how your claims interact. If you have an attorney, they should know what to do with helping you with your subrogation, your right of subrogation. And so you want to speak with them directly. If you get any notice, you certainly want to share that with your attorney. I hope that's been helpful. We'll see you in the next video.

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