Legal Question in Workers Comp in Georgia
Do you have to use your company doctor?
My back started hurting at work during the week .i made it until the end of the week thinking it would just get better ,but it progressivly got worse. That same weekend I had to go to the hospital. I was refered to a orthapedic doctor inwhich we started treatment. I called work when he told me to be out of work and explained to them what was going on. My work never told me to come in and fill out a incident report until 4 weeks later .In that time I had not been back to work at all. The company sent me to their doctor who said go back to work with a long list of what not to do,and work said there is nothing you can do here. I have made great progress through the specailist I was seeing and the theropy I was receiving and they have recorded my progress. do i reserve the right to continue treatment with the doctor who has been there since day one . If I do is there anyway the company can still pay for it under worksmans comp. Also repay me for all the money I had to spend on medicine and doctor visits(co-payments)since it took them 4 weeks to have me come in and fill out a incident report. I hope you undrstand my question and I thank you for your time . -
2 Answers from Attorneys
Re: Do you have to use your company doctor?
Under certain circumstances, you can get an Order from the State Board of Workers' Compensation which will allow you to treat with a doctor who is not a "company doctor." However, until you are able to get this Order, you will have to pay for your medical treatment or you will have to treat with a "company doctor." If your employer did not show you a panel of physicians or if your employer did not allow you to chose a physician from their posted panel, you may get the Board to rule that they did not follow Board rules; therefore, you should be allowed to treat with any doctor you chose. If you need the assitance of an attorney, please do not hesitate to call me at 800-859-4060.
Re: Do you have to use your company doctor?
A gradual injury is compensible under Georgia Workers compensation law as long as the problem is either caused by or aggravated by your work duties. You must give notice of the injury within 30 days in most cases. You must use a doctor on the company's panel of physicians unless they controvert the claim. If you don't, they will not have to pay the bills unless it was emergency treatment.
Most employers and their insurers tend to fight gradual injury/aggravation claims. You will likely need an attorney to effectively present your case.
We handle workers comp claims on a contingency basis.
DISCLAIMER: It is not possible to give specific legal advice based on the limited information in your query. Information in our response should be considered general information only and NOT advice specific to your situation. Furthermore, no attorney � client relationship is intended to be created by this correspondence. You are not a client of Morgan & Morgan Attorneys at Law, P.C. unless and until we specifically agree to represent you and the appropriate fee contract has been signed.
You should not rely on this information alone in deciding your course of action. We recommend that you speak to an attorney of your choice and seek specific advice and representation.
Morgan & Morgan Attorneys at Law, P.C is licensed to practice law in the state of Georgia only. The general information contained in our response is based on Georgia law. If you or another party to your dispute resides in another state, the information provided may not be applicable.
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