Legal Question in Workers Comp in Georgia

settlement with medical care

I injured my knee at work 5/06. I left the company for another company with my workman's comp open. Had knee surgery 7/08 which consisted of knee arthroscopy, partial menisectomy, and debridment. Was off work for 8wks with therapy 3x a wk. I returned to work with continued therapy 2x a wk. The surgery did not improve my injury, I continue to suffer pain, unable to bend , run, jump, or move side to side w/o significant pain. I have worked in the restaurant industry for 30 yrs., and my job requires that I stand, bend, squat, move from side to side, and speed to which I am unable to perform. I am a Gen. Mngr who was written up for lack of performance in my restaurant, and was told to improve or they would get someone else who could do the job. I HAVE NEVER BEEN WRITTEN UP! This company is not aware of my workman's comp injury. This injury is affecting my career and life. I am still under the drs care, therapy, and meds. MY question is am I entitled to a settlement with medical care?


Asked on 1/04/09, 6:39 pm

1 Answer from Attorneys

Lee Biola Law Office of D. Lee Biola, LLC

Re: settlement with medical care

If you have not settled the claim, it is still possible to settle it for a lump sum. However, it is very rare to settle a workers compensation claim that includes an open period of medical benefits. Usually the reason the insurance company is willing to settle out the claim is because they will not have to pay future medical benefits. In unusual circumstances, some work comp insurance companies will agree to a settlement that includes medical benefits for a few months after settlement.

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Answered on 1/05/09, 2:30 pm


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