Legal Question in Workers Comp in Georgia

getting fired on comp

went to dr, on wc and was sent to hand surgeon for carpul tunnel, am trying to be a server with hand brace on, not going so well, have to wear it 3 weeks, dr says I can work, I don't think so, hurts bad, if I call out of work due to pain can they fire me? Dr. says he does not put people out on comp,if I call in on my own can they fire me?


Asked on 12/18/06, 7:44 pm

1 Answer from Attorneys

Michael Martin Michael R. Martin, P.C.

Re: getting fired on comp

Your best move may be to request a "one time panel switch", which means that you would treat with another doctor that is on your employer's posted panel of physicians. If your employer has a valid posted panel of physicians, you are entitled to a one-time switch to another doctor on the panel. If they do not have a posted panel, or if it is invalid, you are entitled to treat with the doctor of your choice. The second option may require the assistance of an attorney, but can be accomplished without an attorney if your employer and their insurer are reasonable. Otherwise, such a situation generally leads to some sort of litigation. As an aside, if your doctor told you that he does not ever take people out of work for work related injuries, then he should not be treating patients under workers' compensation.

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Answered on 12/19/06, 9:33 am


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