Ty Wilson Law Podcast

10 COMMON MISTAKES THAT WILL RUIN YOUR WORKER'S COMPENSATION
Mistake #2: Not Seeking Medical Treatments

TITLE: 10 COMMON MISTAKES THAT WILL RUIN YOUR WORKER'S COMPENSATION

MISTAKE #1:  Failing to report your injury

It's crucial to understand your rights under Georgia Workers' Compensation law. Knowing what you're entitled to can make all the difference in getting the support you need after a work injury.

If you’re injured on the job or involved in an accident, contact Ty Wilson Law for assistance with your legal needs.

So, what's the first thing that the insurance company looks for when they're looking at an injured worker or workers compensation claim in the state of Georgia? Well, first thing they say is the person who's injured. Are they even an employee or they an independent contractor? And so, that's a huge deal. If they're an employee, okay now they go the next step. Well, is the employer subject to the act? What does that mean? Well, that means they have to have three or more employees on a full time basis in order to be required by the Georgia Workers Compensation Act to have workers compensation insurance coverage. They don't have insurance coverage. You're going straight after that employer and usually it's a small mom and pop organization that may not have the money to actually cover the damages that's something that an attorney will be looking at on the other side if not the insurance adjuster. Stay safe! 

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We received a call the other day about someone who was talking about a deposition. And their question was, "How do you win a deposition?" And the short answer is, you really can't win a deposition. You really can't win your case with a deposition. You can lose your case with the deposition depending upon how that goes but you usually will not be. Winning your case with the deposition. Deposition is usually meant to lock down your oral testimony in questions and answers so that that defense attorney knows how you're going to respond. If you change it up and respond differently they're gonna attack your credibility and make it look like you are  someone that can't be believed and that all of your testimony and all of your comments should be taken as untruthful. You don't want that so you wanna be honest. Matter of fact, and non argumentative. Hope that helps. Stay safe! 

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So, what is discovery In a workers compensation claim in Georgia? Well, discovery can mean several things but it's usually written documentation. It can also be a deposition. But typically you see them most commonly in what are called request for admissions where you are requesting that the other party admit that a statement is true. Interrogatories: Fancy word for questions, to where someone ask a question and is seeking information back to answer that question. And then request for production of documents. Well, pretty straightforward. That is when you are saying, "I would like to request this particular document. If they have it, they can either produce it or they could object to producing it.  Same thing within derogatories you answer the question or you can object to answering the question as long as you do so properly. And then request for admissions. Those are different animal. Either admit or deny them. Or do not have enough information for them. Stay safe!

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We were contacted the day by someone who works at a bar. "One night a customer assaulted her during her work. She filed a police report. And the police said, "Unless she knows who her attacker was they cannot do anything." So, the employer will not pay for her hospital bills. And she has no health insurance. What should she do?" this is a case where she potentially has a workers compensation claim so long as she was not on break or was not off the clock if she was in the course and scope of her employment meaning doing the work that she was hired to do at that bar then she was employed and as long as she wasn't intoxicated either by drugs or alcohol or horse playing she should have a workers compensation claim which will at least provide her to the medical care she needs and if the doctor thinks she needs to be out of work well then she could qualify for income benefits stay safe!

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We received a question the other day. "I was driving on the highway and a large tractor trailer in front of us lost part of its tire. We were injured and the police came. However, there was no way to get the driver's information because he was long gone. He kept driving. We did get the name of the trucking company. Our insurance company says we need to follow up with them for our bills. Is there anything we can do? Well, the short answer is you would want to try to set up a claim through that employer's insurance company. They will do an investigation. And they will see if they will either accept liability or deny liability based upon the circumstances of the claim. If need be you may have to file a lawsuit and subpoena that information. If not. then you can go after your uninsured motorist carrier. Stay safe! 

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Hello, Ty Wilson here. We're answering a couple of questions that we've received over the last couple of weeks. This question is, "I have a case currently. I was on work restrictions. So, sounds like a work injury, and my supervisor made me work full duty regardless am I liable for that." I'm not sure I understand the whole, "Am I liable for that?" But if you are on medical restriction from a work injury claim and the employer put you to full duty the question is in those job duties can you complete or do the job duties that you have to do for your employer if you can that's fantastic. Noove forward if it's aggravating your injury "Need to return back to your what they call authorized treating physician." Mainly your main doctor in your work injury claim. And let them know you're having issues And if you know specifically what you're doing that aggravates the injury. You wanna tell the doctor that. They will adjust your restrictions. Now, take that back to the employer. The employer may say the same thing. "Hey! I don't care." "Full duty or you go home." If you are sent home because you cannot do full duty well then they may have to pay you a weekly checks in your workers compensation claim. Now, something to seek but something to back you up. And so something to think about. if you have any questions you always wanna reach out to a Georgia workers compensation attorney. Just speak with them about the claim doesn't mean you have to retain them. We speak to a lot of people and I would say the vast majority of them we do not retain. But we do try to find out where their claim is let them know what possible problems there are issues they could run into with their claim. And what might be the best move moving forward. We hope this information has been helpful. We will see you on the next video 

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