Ty Wilson Law Podcast

We're covering some questions that we have received over the last couple of weeks. And I'm just gonna read the question. "I'm having a terrible time getting answers from the insurance company that represents the person that hit my daughter. They have so many excuses. But meanwhile, my daughter's car is towed. And she is still having medical issues from the accident. This s...

We received a couple of questions I want to try to go through today. And so let's start with the first one. "Can an employer deny your workers compensation playing If you've been on the job for three days?" Well, the short answer is no, they cannot. We've represented people who were injured on the first day literally. Signing the agreement to work with the employer or walk...

So another question we received the other day is, "Is it true that you can't get money from a settlement if your injuries are back and neck?" Well, this is a very short answer but, no. That's not true at all. In fact a big portion of the claims that we have represented have been neck and or back claims. And so, there's no barring or saying that you can't settle. A lot...

Look, Ty Wilson here. I'm Georgia Workers Compensation attorney practicing law in the state of Georgia. and our video topic for today is choke points and what we mean by choke points are. What are some of the things in workers compensation claims that can cause unnecessary delay denial, frustration what have you? And so, when someone first gets injured on the job one of the most important thi...

We received another question the other day. Someone had been injured on the job. They got surgery on one of their legs and they got returned back to work. And when they got returned back to work they were subsequently fired at work. And then, they're still getting medical care. And so it looks like they're gonna need another surgery down the road or at least that's what they're...

We received a good question the other day from someone who was asking, "Can an independent medical evaluation or defense medical examination doctor put you on modified duty when they're not your authorized treating or your main doctor?" And the short answer is, they can put that in their records. They can make that recommendation. However, the reality is your authorized treating phy...

We received a question the other day about someone who had been terminated as a result of a work injury. And they were asking well, "How long does the employer have to wait to post a job for my position?" Well, here in the state of Georgia, we are At-will State. They can terminate you for cause or for no cause at all. And so, there is no set time out or time frame from which they have to...

And the fact of the matter is you can settle the case without a lawyer. You will probably do better if you have a lawyer. That being said, there are some people who are absolutely opposed to hiring attorneys. And so, you will basically resolve your case for whatever the insurance company  wants to resolve their case for. When you have an attorney, there are some arguments that can be made that mak...

Got a question the other day about someone who has settled their case.  And they're wondering, "Well, how long does it take to get a copy of the release in the settlement document?" And the short answer is, that just depends.  Typically, if you're receiving income benefits, they find a way to get that tea pretty quickly because they wanna end those weekly checks. However, if yo...

All right, this is gonna be a question that we received recently. "Can I continue to get workers compensation payments if my employer has brought me back to part time work?" and the short answer is, Yes. It does sound like you can. But you're gonna have to put pencil to paper if you will.  Depending upon what your income benefit rate is or your comp rate that you're receiving i...

We received a question today. "Will I be forced to quit my job if I follow workers' compensation claim?" And the short answer is, not if you file it to know not if you file a workers compensation claim. If you settle a workers' compensation claim, a lot of times the insurance company will request that a resignation be signed if you're going to settle for a lump sum amount....

Well,l if you've been injured by a co-worker who's on the clock in the course and scope of their employment, you have a workers compensation claim but you don't necessarily have a personal injury claim. And so, the exclusive remedy says, "If the employer injures you or a co-worker, you have to go through Georgia workers compensation." That is the exclusive remedy. Meaning...

Got a question the other day. "Someone cut me off in traffic causing me to swerve and hit the car next to me. We were both injured. Should I file this on my insurance or what? Do I file mine on my insurance and his on mine? What about the person who cut us off? How does that all work together?" Well, if someone actually hit and drove off and you have no contact information, when you call...

We got a question the other day. "I was injured on my job by a customer. The insurance company said they would not pay because I should have had an insurance policy. What is that? And why should I be required to have it?" Alright well… I have more questions and answers on this one.  If you are an employee then the workers compensation insurance coverage for the employer. If they have it...

We got a question the other day. If I was injured by a customer while working at my company or a company, do I need a police report or something? I don't know what to do to pay for my hospital bills. Okay, so this could be a gray area. I would recommend that you file  a report with your employer. If they refuse to pay or to set up this claim which we have seen happen before you have to ask yo...

So, we received a call the other day about someone who was hit by an uninsured driver. And they had to file the claim through their uninsured motorist coverage. And their question was, "Why is my insurance company treating me like I'm the problem?" And had to explain to them, "Look, the insurance company or the insurance businesses in general are all about taking money in in th...

So, what is subregation from a standpoint of workers compensation? Well, subregation is the right for the insurance company in a workers compensation claim to be paid back. Well, where do they get this right? Well, this right is written in the laws. However, what it usually means is it's a scenario where you have a personal injury and a workers compensation claim. If you have workers comp pay...

So we received a call the other day from someone wondering how negligence interacts with the workers' compensation claim. And so, in Georgia the workers' compensation claim or the system is what is called the no fault system. What that means is you do not have to prove that the injury was the fault of the employer. Now, there are other things that have to happen you have to be what is ca...

If you've been injured on the job, you need to know that the mileage rate is recently gone up. And so, now after July 1st of 2023 the mileage rate has gone from $0.40 cents to $0.45 cents. So, what does that mean? That means for every visit where you drive from your home to the doctor from your home to the physical therapist from your home to the pharmacy and back of course you're a tota...

Getting orders. We've talked about this in another video. So, if you've been injured on the job, and your doctor says, "You know what?" "This injury… "I think we need to get an MRI again." You wanna ask for the script. And what I mean by that is they will write a script out or the doctor will give you something in writing. And that's the key. Something in wr...

The key to getting your medical care approved quicker faster and not an unreasonable delay. Which is kind of the name of the game when you're injured on the job, is when you see a doctor, if they order physical therapy, MRI EMG, nerve conduction study anything. Xray. Anything they tell you. Anything outside the office. "We're gonna order you this." "We're gonna prescr...

If you've been injured on the job, you likely will need medical care. And if the medical care stops at an urgent care clinic, okay. Well, that's great. Your injury has been sufficiently taken care of as long as you believe it has been. However, if it's more serious a lot of times, if you're at an urgent care clinic, they refer you to a specialist. Or if you're going to go...

A defense medical examination. This is where the employer insure have paid a doctor to see you for a one time visit. They're seeking an opinion. They may be seeking a second opinion on your doctor saying if you need surgery. There's all kinds of reasons they can do that. But, can a schedule one that is five hours away? We had that happen recently.  We had someone out. Out in the Savannah...

So, how to not handle the job search? If you've been injured on the job you're released to light duty and the employer cannot accommodate your light duty work. So, now you have to look for a job or perform a diligent job search. And so, one of the things we hear all the time is, "Yep!" "I looked for work." "I couldn't find anything." So, well that'...

So, what happens if you're injured on the job in Georgia, and you get your health insurance provided through your employer? Well, if you're out of work completely you're no longer collecting a paycheck from your employer. You are receiving income benefits from the workers compensation insurance carrier. Why is that important? That's important because when you're working wi...