Legal Question in Workers Comp in Georgia

Knee Injury at Work
I received a knee injury at work in September 2006 that resulted in surgery January 2007. I have given my employer numerous doctors limitations and restrictions notifications, but no accomodations have been made. In July 2007, I formally gave my employer a written request for an accomodation and have not received a response. In August 2007, I posted for another position which my qualification meet the requirements, but was the ''unsuccessful'' candidiate. In August 2007, the doctor gave me an adjustable brace to wear on my knee. Favoring the knee has now caused me both back and foot problems. My WC adjuster has been unsuccessful in getting the employer to accomodate me. It appears my employer is attempting to force my resignigation. My doctor advises me I need to make a change, but what are my legal rights. I am going to be 59 years old and was planning on working until 65.

Asked on 8/29/07, 10:06 pm

3 Answers from Attorneys

Tom Brown Burdine & Brown

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Re: Knee Injury at Work

You might ask the doctor to refer you to a Functional Capacity Evaluation (FCE). This is performed by a registered Physical Therapist and is designed to go into much greater detail about your physical restrictions. Then, if your employer does not want to take you back in your physical condition, you at least have the accurate restrictions in which to look for other work. If the employer does not want to take you back, the insurance adjustor will want to settle your claim with you. Be careful not to settle if you are not at your MMI (Maximum Medical Improvement). How much your case is worth varies upon many different factors, some of which are your inability to find alternative, suitable work, your PPD rating, your age and transferrable skills. It would probably be best if you do not negotiate a settlement of your case without an attorney. Experienced attorneys can usually get much more, but it is not without substantial effort to build the case to demonstrate the true value and the true exposure to pay future benefits. Tom Brown

Answered on 10/10/07, 1:36 pm

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SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

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Re: Knee Injury at Work

You should consult with a workers comp attorney in your area.

Answered on 8/29/07, 10:23 pm

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