Legal Question in Workers Comp in Georgia

what to do

Aug 5 2003 I was injured while working on scaffold. Scaffold collapsed crushing left wrist and tearing bi-ceps tendon in right arm. have had 4 surgeries in last 2 yrs. 2 on wrist and 2 on shoulder. Finally got to the point of determining disability rating in Aug. 2005. 10% right upper extremety or 6% total body.- 5% left upper extremety or 3% total body. unable to perform type work previously employeed in. currently enrolled in classes to change professions. Insurance Co. classified my injuries at 350 wks total. already used 108. agreed to pay additional 52 wks at 425.00. and 190 wks at 284.00 and keep medical open for life. or pay a lump sum of 75,000.00 with no medical.Dr.'s last report said that future treatments was a probability on right shoulder. still have metal in wrist. bottom line as I uderstand it is that they valued my PPD. for next 20 yrs or until retirement {at 65} is worth 34 wks.at 425.00 or 14,450.00. was told max. payout for this claim was 93,000.00. but asked what was the least I would take. told them 85,000.00 with future medical and they countered with 75,000.00 with no medical. don't really know what is fair or appropriate as I've never dealth with anything like this.need advice ASAP Thank You very much!


Asked on 9/07/05, 5:59 am

2 Answers from Attorneys

David Glass Law Offices of David H. Glass, LLC

Re: what to do

It would be in your best interest to sit down with an attorney to discuss your options under the Workers' Compensation law. You should be able to receive another IME and possibly increase your PPD rating, thus increasing the value of your settlement. If you would like to discuss this matter, please contact my office at (404) 529-9081.

Sincerely,

David H. Glass

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Answered on 9/07/05, 3:08 pm
Scott Delius Delius Law Firm, P.C.

Re: what to do

There's no way for me to give you a complete answer in this short space. However, don't be fooled by the insurance company telling you what the "max payout" is on the claim. They're just telling you what they're willing to pay. Nothing prohibits them from paying more. Everything is negotiable. If you would like to discuss further, please give me a call at 404.352.3400.

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Answered on 9/07/05, 6:35 am


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