Legal Question in Workers Comp in Georgia

I broke my foot while at work in 2010, and I received appropriate workers compensation. I re-injured the foot at the same job again in 2012. I returned to the same doctor under the same case, and was told that the bone had healed incorrectly after the first fracture and the only way to fix it would be surgery that may or may not be successful. The doctor decided not to recommend surgery and told me that I would likely be bothered by this injury for the rest of my life. A year after the second injury, my foot is frequently in pain, and the bone healed in such a way that I can only wear certain types of shoes (there's a big bony lump on the side of my foot now). Do I have any rights here? I want to see another doctor for the pain, but wonder if I can still consider it the same worker's comp claim. I'm also concerned that my employer would terminate me for being such an annoyance with this... Do I have any protection against that? Thank you so much in advance!


Asked on 7/18/13, 6:19 am

1 Answer from Attorneys
Robert Gardner Hicks, Massey & Gardner, LLP

Your concern about the employer wanting to fire you is something that happens sometimes. However, in Georgia they could fire you any time anyway, so you need to at least explore your options, and although the injury is related to the prior claim, it would be a new claim because of the re-injury. It also sounds like you need to get a second opinion to determine if this is something which can be corrected, or if you are just going to have to live with it as it is. If the former, surgery is the likely option. If the latter, you may have a permanent disability which you need to be compensated for. Give either us or another worker's comp attorney in your area a call and go in and sit down for a free and confidential consultation.

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Answered on 7/18/13, 6:33 am


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