Legal Question in Workers Comp in Georgia

W/C & Personal Injury...why am I suffering?

I was in a major auto accident in Feb. 2003 while working as an outside sales rep. I hadn't been employeed long enough to be eligible for health insurance, so from the date of the accident until now I've had to go to indigent care facilities. I have one lawyer representing me for Work Comp and personal injury from the liable party's auto insurance company. I basically have been physically unable to work and am now filing bankruptcy. Does the work comp claim affect my lawyer's ability to settle the personal injury case? Is it also true that any money I could receive from P/I would be subtracted from a W/C settlement, or are they independent of each other? Thanks


Asked on 10/10/03, 7:11 pm

2 Answers from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: W/C & Personal Injury...why am I suffering?

If you have filed bankruptcy there are procedures your attorney will need to follow to have himself appointed as special counsel, and any settlement of the personal injury matter will have to be approved by the bankruptcy court judge prior to your accepting. Failure to do so can severely impact on both you and your attorney. Make sure that he is aware that you have filed for bankruptcy, and that he knows what needs to be done under these circumstances.

As far as the indigent care is concerned, I am not sure why your medical care and treatment is not being provided in the worker's compensation claim. There should be no reason for you to be treated through indigent care unless there is some problem with the coverage by your employer.

I can offer no explanation for why you are suffering if by that you mean why are you not receiving appropriate care and treatment. You should be receiving indemnification for your loss of wage through the compensation claim as well as all of the necessary medical care and treatment.

There are issues relating to reimbursement concerning the insurer for your employer, but again your attorney will know and understand how this will be handled and should be able to tell you what to expect in this regard.

A further answer would require more information and detail. Good luck. You should do well, assuming there is adequate insurance in both the liability claim and the job injury matter. It is a shame you had to file bankruptcy, because this will limit the amount of your settlement you will be able to retain.

Good luck.

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Answered on 10/10/03, 7:36 pm
Benjamin Eichholz The Law Office of Benjamin S. Eichholz, P.C.

Re: W/C & Personal Injury...why am I suffering?

Please call me at 912-232-2791 to discuss your case in more detail.

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Answered on 10/13/03, 12:34 pm


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