Legal Question in Workers Comp in Georgia

Help with Insurance
I ws injured on the job in Aug and was laid off due to lack of work at the end of Aug. I was laid off with restictions on my left arm. I know I am entitled to work comp benefits but was told no because I was on light duty work before layoff. I was eventually restricted to no use of left arm etc. Is there anyway I can get what is due me without retaining an attorney? Please help this has been ongoing since Aug. Suggestions please.

Asked on 1/12/05, 4:34 pm

4 Answers from Attorneys

David Moskowitz Moskowitz & Carraway, P.C.

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Re: Help with Insurance

In workers' compensation cases, there is no retainer fee for hiring an attorney. The attorney is paid on a contingency basis (which means that you do not come "out of pocket"). You always have the option to attempt to pursue your own case. However, with the facts of your specific situation, I would highly recommend that you hire an attorney to represent you. Our firm practices solely workers' compensation law, and I can be reached at (404) 321-4060 if you wish to discuss your case further.

Answered on 1/14/05, 12:04 pm

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Jim Hough Thomas J. Hough, Jr., P.C.

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Re: Help with Insurance

It is not necessary to pay a retainage for representation before the State Board of Workers' Compensation. Fees are awarded on a the basis of a contingency fee contract in most cases. In any event, all fees are subject to approval by the State Board.

Most attorneys will be happy to discuss this matter with you on a free consultation basis. If you would like to discuss it further with me, please call 770-607-5300.

Jim Hough

Answered on 1/13/05, 9:45 am

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Lisa Schrage Law Offices of Lisa S. Schrage, P.C.

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Re: Help with Insurance

Since you were laid off while on light duty status, it is very likely that you are entitled to benefits. The question is whether you were truly laid off because of lack of work or were you let go because of your work-related disability? If you can prove that you were let go because of your work-related disability, then you are entitled to benefits without having to do a job search. Were you the only person laid off? Were only the people on light duty laid off? Is your "regular duty" job still available? If the answer to these questions is "yes" then you have a good argument that you were laid off due to your work-related disability and you are entitled to benefits. If more people were laid off and it is clear that your lay off was due to lack of work, you need to do a job search. If after doing a job search you cannot find work due to your disability, you have a good shot at getting benefits. Good luck and feel free to call if you have any questions.

Answered on 1/14/05, 4:33 pm

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