Georgia Worker's Compensation - Help For Injured Georgia Workers

• Georgia Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Georgia Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 5 of 5
  1. #1
    Join Date
    Dec 2009
    Posts
    6

    Default WC Benefits - Hearing and Deposition

    Hello can someone please help me with some info about WC an how it works this is my firstt time going through this.

    I was hurt on my job back in september of this year. I was Driving a stand up forklift when the wheels on the lift jammed and i was crushed between a rail beam and the machine fracturing my ribs in several diffrent places. I was sent to the WC doctor (choice Care) in Hapeville GA the day of was treated an sent back to work the next day on restrictions. I showed to work the next day unable to hardly walk. I gave my employer my paper work from doctor an told them that i cant work right now i can barley stand I advised them that i needed time off so that i could rest an heal. I stayed of work continuing to go to the doctor for treatment and regular checkups still on restriction by WC doc. I returned to work maybe 2 weeks later still on light duty i could not do the light duty work so i left. I got an attorny an my own doctor he took me out of work all togeather an continued to treat me for my injuries.
    My employers filed a WC claimed on my behalf so did my attorny. I recieved a letter from WC WC-1anWC-3 explaining my claim,injuries and benifits. Under seection B of the letter it shows my weekly benifit amount to be expected and then under section C it shows benifits will not be paid because there is no medical evidence to substanciate indemnity benifits. My lawyer told me not to worry they almost all the time deny benifits for that reason. Durning this time i believe my employer fired me. I tried contacting them but no one will return my phone calls. I have not recieved any benifits as of yet and its been almost 3months. I just had a depositon on the 30th of november. What I now need to know is what happens now? why want my employer speak to me? what happens after this depo? When will i start recieving WC benifits? Will they try to settle this case with me an how long will it take? I havee no income rite now an im so behind on all my bills my doc has not released me to work yet should i go back to work? My lawyer is not alot of help. Please i need somee advice.. thank you

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: WC Benifits/ Hearing an Deposition

    If attys took the time to educate IW's on the process, they wouldn't have time to represent you in court when there is a dispute.

    You can, and should make yourself as educated as possible to the GA statues governing the provision of comp benefits...what is, and isn't available to you... begin here with the EE/IW handbook...http://sbwc.georgia.gov/vgn/images/p...e_handbook.pdf

    Some of your questions can't be answered... ie why your ER is not responding. Likely as your AA/applicant atty, has notified the ER they have been sued. When the ER files a claim with their IC, the IC becomes the ''ER'' for all intent and purpose during the life of your claim, and benefits paid. The ER steps aside until you are released to RTW.

    When will i start recieving WC benifits?
    Can't tell. Your AA may have to take this to comp court for a judge to order benefits paid. You'll be contacted when your input is necessary.
    Will they try to settle this case with me an how long will it take?
    You may see offers to buy out the claim. As a rule though, its' not a good idea to cash out a comp claim until you have finished treatment, and been determined to have reached a stable condition/MMI. At that point you'll be rated for PPD/impairment, and paid indemnity... a pre determined number of weeks continuing benefits based on the rating. Medical remains available based on necessity. You can't force a lump sum payment to settle the claim.

    There is a FAQ here http://sbwc.georgia.gov/00/channel_m...749189,00.html that will help answer many of your questions.

  3. #3
    Join Date
    Dec 2009
    Posts
    6

    Default Re: WC Benifits/ Hearing an Deposition

    So what normally happens after the deposition? how much time do they have to respond?
    Is my employer not paying me benfits because they fired me? Does it normally take this long for WC to pay benifits.
    Someone told me that i should have started recieving payments within 7 days after injury.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: WC Benifits/ Hearing an Deposition

    You are asking questons that no one on a message board can answer for you... all those answers would be based on the facts of your claim.

    Benefits can be with held/delayed where there are disputed issues. Some up to 90 days or longer, if there is need to go to court.

    A deposition does not mean you will be paid benefits. A depo is used to develope the record of your claim... your side/story of what happened, and what you claim you cannot do due to the injury. Hopefully you provided vague answers where you were not sure of something, and didn't say ''I never...", because that can come back to bite you in the ass. They will use you depo answers to discredit your story.
    Someone told me that i should have started recieving payments within 7 days after injury
    Ya know, it doesn't help you to listed to what ''someone'' tells you... when you need legal advise, you ask an attorney. And a message board should not be a substitute for that.

    Have you gone to the links I gave and READ the information there...?
    Thats where you'll find lots of your questions answered.

  5. #5
    Join Date
    Dec 2009
    Posts
    6

    Default Re: WC Benifits/ Hearing an Deposition

    ok thank you.

Similar Threads

  1. Benefits Before Settlement Hearing
    By shawnw315 in forum North Carolina
    Replies: 3
    Last Post: 08-15-2009, 07:22 PM
  2. Deposition
    By pomo in forum California
    Replies: 5
    Last Post: 03-30-2009, 07:08 PM
  3. How Long After Hearing Will I Receive Benefits?
    By timwishy in forum Wisconsin
    Replies: 2
    Last Post: 03-28-2009, 05:09 PM
  4. Hearing for Gain of Benefits
    By candyman03011 in forum Disability Benefits
    Replies: 3
    Last Post: 09-14-2008, 05:36 PM
  5. First deposition
    By jlr in forum California
    Replies: 40
    Last Post: 09-13-2006, 11:37 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer