Legal Question in Workers Comp in Georgia
workers comp
I was injured 3 yrs. ago. W/C has asked me to settle several times.
Yesterday I rceived an mmi and total disability prognosis from my Dr. She advised engaging an attorney and consider filing for ssi.
What is the insurer obligated to pay in the way of future medical, and for the total disability?
6 Answers from Attorneys
Re: workers comp
It sounds like you need to speak with an attorney regarding your Workers' Compensation and Social Security issues. I handle both types of cases. You can contact me directly via email to discuss your issues. In some cases Workers' Compensation does pay for future medical expenses, but it depends on the severity of your work related injury. You could also qualify for a cash settlement based on your disability. As far as the Social Security, your doctor was probably suggesting that you file for Social Security Disability based on you health. I can also discuss that process with you.
Re: workers comp
Laurie,
I am the attorney that received your email through LawGuru. Please email me a few more details about your medical condition and your future prognosis. What was your disability rating? I'll be happy to help you in any way that I can. Please email me at [email protected]. The main focus of my practice is representing injured workers all over the State of GA.
Thanks,
Linda Bass
Re: workers comp
If you do not settle your case, the insurer is obligated to pay for your future work related injury medical expenses for as long as you need it. If you are totally disabled and not likely to ever work again, then your injury may be categorized as catastrophic, which would qualify you for income benefits beyond the 400 weeks that you could get now and lifetime medical treatment for hte injury.
Insurers typically settle cases to eliminate their future exposure to payment of medical and indemnity benefits. I woudl imagine that they have significant exposure in your case and that is why tehy want to settle.
They will reduce the future exposure to a present day value and offer some percentage of that as a settlement. Before you settle your case, I suggest that you consult with several attorneys for guidance. Your case has some complicated issues and its important that you understand all of your options before settling.
You can start the SSI process without the aid of an attorney by contacting your local SS office. Depending on the severity of your disability and factors such as your age, they can give you an idea of whether you will qualify and how much you wouldlikely receive. Many times people do not qualify and then have to appeal the initial SSA decison. At that point it would be prudent to obtain the services of an attorney to pursue the appeal.
Re: workers comp
If your doctor has placed you on permanent disability for your workers' comp injury, you absolutely should seek the advice of an attorney experienced in catastrophic workers' compensation cases as soon as possible. Most attorneys give free consultations which would give you a much clearer idea of how social security and workers' compensation dovetail in serious injury cases such as yours, and the types of ongoing benefits to which you may be entitled. Please feel free to contact me to discuss your specific situation further, but I highly encourage you to seek the advice of an attorney period.
Re: workers comp
I am one of the attorneys who received your question. I believe that all the attorneys would agree that each case is different and needs to be specially analyzed. However, in general, workers comp is required to pay medical benefits for life for your injury based on your doctor's instructions. Weekly benefits and total disability benefits are based on your doctor's opinion of your ability to work and the "impairment rating" that you receive. Certain time limit rules also apply.
You can begin the social security process on your own by going to your local office. However, an attorney can often spot certain things in your medical records that will be importatnt that a claimant might not know about. That is why I like to assist with social security from the very beginning of a person's claim.
I would be happy to speak with you regarding your situation. I handle workers compensation and social security cases throughout the state of Georgia.
Re: workers comp
If you have not yet hired a lawyer, please consider our firm regarding your Workers' Compensation and Social Security issues. We handle both types of cases. You can contact me directly via email to discuss your issues. In most cases Workers' Comp does pay for future medical expenses. You could also qualify for a cash settlement based on your disability. Regarding Social Security, your doctor was suggesting that you file for Social Security Disability based on your health and inability to work again. We can also discuss that process with you. Call me at 404.444.5797. It's a free consultation.
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