Legal Question in Workers Comp in Georgia
A few months ago my wife had carpal tunnel surgery. The doctor said it was work related...but her employer denied her workers comp claim because she could not give a date and time that the injury ocurred?? Were they right?
2 Answers from Attorneys
No, some work injuries it is hard to know when you injury occurs. Georgia law only requires you to report your injury within 30 days of the date you realize the injury was work related for repetitive motion injuries like carpal tunnel or gradual onset back pain.
-First, make sure you report your injury immediately to your supervisor/human resources officer/employer in writing.
-Second, go to the break room at work and find the pink poster listing all the workers compensation doctors available and go see one of them about your carpel tunnel injury immediately (take the medical records from your family doctor indicating that the injury is work related to show the workers compensation doctor). If you employer does not have a proper panel (pink workers compensation doctor listings poster - usually in the break room or by the time clock) or they have a poster but it is blank then take a picture of it.
-Third, immediately retain a workers compensation lawyer. We handle workers compensation cases like yours all the time and would be happy to assist.
Your wife's employer was wrong. Repetitive motion injuries like carpal tunnel occur over time and not on a specific date. The insurance company should assign a date to the claim.
From what you have written, it sounds like your wife already told her employer that the carpal tunnel is work-related and the employer denied the claim. If the Employer formally controverted the claim (using a form WC-3), your wife should be able to choose her own doctor rather than be limited to the workers' compensation panel.
It sounds like you do need a lawyer. If I can be of help, please let me know.