Ty Wilson Law Podcast

Got a question the other day about someone who has settled their case.  And they're wondering, "Well, how long does it take to get a copy of the release in the settlement document?" And the short answer is, that just depends.  Typically, if you're receiving income benefits, they find a way to get that tea pretty quickly because they wanna end those weekly checks. However, if you're not receiving income benefits, it can take a little bit longer as they're in no big rush. And once an agreement has been made,  it's really just your attorney's job to really stay on top of them and say, "Hey!" "What's the status?" 'Come on this has been a couple of weeks now." "What is going on here?" You can always request a hearing. However, that's a long way to go when it all it is is paperwork that you're waiting on. So, you wanna kindly reach out to the other party and just keep reaching out to them. At some point, the squeaky wheel gets the grease.  If not, you can always like I said file a hearing and move forward that way if you have an attorney. If you don't have an attorney, you may wanna speak with one to see what can happen to facilitate anything and helping get this matter close. Hope that information has been helpful, and we'll see you on the next video. 

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All right, this is gonna be a question that we received recently. "Can I continue to get workers compensation payments if my employer has brought me back to part time work?" and the short answer is, Yes. It does sound like you can. But you're gonna have to put pencil to paper if you will.  Depending upon what your income benefit rate is or your comp rate that you're receiving in weekly checks. The question is:  "Is that part time worth they brought you back?" "Are you making more money?" "Grossing more money", meaning before anything's taken out are you making more money than what you were receiving with those weekly checks in workers comp? If you are not making more money then there is some exposure or responsibility from the employer insured to issue you what are called temporary partial disability benefit checks. That means you are temporarily partially disabled because you're on light duty.  And so, you would be entitled to those checks depending upon how much income you earn through the part time job.  You still certainly have medical without question. If for any reason the part time job ceases or stops. then you would go back to temporary total disability if they were no longer able to provide light duty work for you. Hope that's been helpful. And we'll see you on the next video. 

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We received a question today. "Will I be forced to quit my job if I follow workers' compensation claim?" And the short answer is, not if you file it to know not if you file a workers compensation claim. If you settle a workers' compensation claim, a lot of times the insurance company will request that a resignation be signed if you're going to settle for a lump sum amount. If you file the claim only, you get the medical care you need. Get return back to work, and you're happy. And you get paid any permanent partial disability, and all the weekly checks, And get the medical care. You do not necessarily have to quit your job or resign your position. Now, you do wanna keep an eye on the people that have gone before you. Anyone who has been injured on the job that you know of before you get injured on the job. Question is: "What happened to them?" "Did they return back to work?" "Or did they just disappear?" If they disappeared, it may be something where they settled the claim. Or it may be something where they found a way to terminate them anyway. So, you wanna be careful about what your employer may do. If they're vindictive, you may wanna try to work the claim into a settlement. So that you don't have to worry about being terminated later with nothing to show. We hope this information has been helpful. And we will see you on the next video. 

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Well,l if you've been injured by a co-worker who's on the clock in the course and scope of their employment, you have a workers compensation claim but you don't necessarily have a personal injury claim. And so, the exclusive remedy says, "If the employer injures you or a co-worker, you have to go through Georgia workers compensation." That is the exclusive remedy. Meaning you cannot just file a personal injury lawsuit against either the employer or the co worker. Now, there are many many situations where that may not apply. It's very fact specific. And so, you want to really speak with the Georgia Workers Compensation attorney. Find out, is there possibly a third party action that would allow you to proceed forward with a personal entry case? It is not often. But however, there are exceptions to every rule. So, we hope this information has been helpful and we will see you on the next video. 

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Got a question the other day. "Someone cut me off in traffic causing me to swerve and hit the car next to me. We were both injured. Should I file this on my insurance or what? Do I file mine on my insurance and his on mine? What about the person who cut us off? How does that all work together?" Well, if someone actually hit and drove off and you have no contact information, when you call the police they're not gonna have any contact information either. You can attempt to locate them by looking to see if there's any type of cameras nearby etc but that is a long shot. Probably what you have to do is you probably have to go through your uninsured motorist coverage. Now, keep in mind that is optional coverage not everybody has it. And so, you wanna make sure that you do have it in order to pursue it. If you don't have uninsured motors coverage you can't find the other drivers insurance coverage. You may be left paying for those injuries on your own. Stay safe! 

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We got a question the other day. "I was injured on my job by a customer. The insurance company said they would not pay because I should have had an insurance policy. What is that? And why should I be required to have it?" Alright well… I have more questions and answers on this one.  If you are an employee then the workers compensation insurance coverage for the employer. If they have it should be the one who picks up the coverage and you should have a workers compensation claim. So, you should then reach out to a workers compensation attorney if you're already receiving resistance this early in the claim. You've got a long road ahead. If you're an independent contractor, you have to provide your own workers compensation insurance coverage. So, that could be what they mean. So, the difference is being an independent contractor versus being an employee. Stay safe! 

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We got a question the other day. If I was injured by a customer while working at my company or a company, do I need a police report or something? I don't know what to do to pay for my hospital bills. Okay, so this could be a gray area. I would recommend that you file  a report with your employer. If they refuse to pay or to set up this claim which we have seen happen before you have to ask yourself, is the injury serious enough to move forward with the workers compensation claim? And what I mean by that is there is a chance that they will require you to resign or they will force you out and not have any work available for you. And so, if the bills are quite substantial in the injury substantial, it's an easy decision. If they're not that's where it becomes difficult. If the bills aren't that much you may make more money staying employed and paying those bills. Stay safe!

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So, we received a call the other day about someone who was hit by an uninsured driver. And they had to file the claim through their uninsured motorist coverage. And their question was, "Why is my insurance company treating me like I'm the problem?" And had to explain to them, "Look, the insurance company or the insurance businesses in general are all about taking money in in the form of premiums and paying out as little as possible." And so, as a result of that, whenever you're filing a claim with your insurance you are in fact the enemy of sorts because they you are looking for money from them even though they set up that policy to protect you. They do treat you like you're the enemy. Wanna be careful. There are some obligations that uninsured motors carriers have with you as the insured that the liability don't. You should speak with a Georgia personal injury attorney if you have that situation. Especially if you've been in a car wreck. Stay safe! 

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So, what is subregation from a standpoint of workers compensation? Well, subregation is the right for the insurance company in a workers compensation claim to be paid back. Well, where do they get this right? Well, this right is written in the laws. However, what it usually means is it's a scenario where you have a personal injury and a workers compensation claim. If you have workers comp paying out a great deal of medical care and income benefits on your behalf, if they can prove that you have not been compensated, completely compensated of all, economic and non economic damages, well, then they arguably have the right to be paid back what they paid out. That is called subregation. They would be paid back from the personal injury claim if there is a big enough recovery. And if they can prove all economic and non economic damages have been recovered. Stay safe! 

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So we received a call the other day from someone wondering how negligence interacts with the workers' compensation claim. And so, in Georgia the workers' compensation claim or the system is what is called the no fault system. What that means is you do not have to prove that the injury was the fault of the employer. Now, there are other things that have to happen you have to be what is called in the course and scope of your employment. Meaning you have to be really doing the job or the type of work that you were hired to do. You can't be on drugs you can't be on intoxicated by alcohol and you can't be horse playing Those are ways that the employer and the insurance company can deny your claim. So, stay safe. Let us know if you have any other questions. 

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