Legal Question in Workers Comp in Georgia

back injury

I was hurt at work by falling on the job. I am a gardener for a mueseum. I went to the workmans comp doctor and have been recommended to have physical therapy. My place of business refuses to pay for time missed from work due to the injury. I have missed minimal work(1 1/2 days so far), but the therapy would make me miss 3-5 hours a week until finished and I don't have enough sick leave. What are my rights?


Asked on 9/21/04, 12:34 pm

2 Answers from Attorneys

Lisa Schrage Law Offices of Lisa S. Schrage, P.C.

Re: back injury

While you are not yet entitled to temporary total disability benefits (ttd), you may be entitled to temporary partial disability benefits (tpd) for the time you are missing due to your work-related injury. If you are missing time from work due to your injury and you are not earning the same weekly wage you were earning prior to your injury, then your employer/insurer should compensate you two-thirds of the difference (i.e. prior to injury, you were making $300.00/week, now $200.00/week due to time out for therapy; your employer/insurer should pay you $66.67/week). I suggest that you inform your employer that you must take the time off for therapy (provide them with any documents you may have evidencing your appointments) and then each week, submit to the insurer your check along with a letter requesting payment of tpd. If the insurer does not compensate you for your lost time, you should file a claim with the State Board of Workers' Compensation and request a hearing to seek relief. Good luck!

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Answered on 9/22/04, 9:03 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: back injury

With very few exceptions, if you have been injured on the job, you are likely to be entitled to benefits provided by the Workers� Compensation Act. The basic types of benefits fall into three categories: (1) provision of necessary medical treatment, (2) weekly income benefits, which are a partial compensation for lost wages, and (3) weekly benefits for permanent partial disability. In order to receive any of these benefits, you must first report your injury to your supervisor or employer within thirty (30) days from the date of your injury. Normally, you must also file a claim for benefits with the State Board of Workers' Compensation in Atlanta within one year of your injury. Otherwise, part or all of your claim may be barred, although there are exceptions. If you would like to discuss an further issues, please feel free to contact my office. Thank you.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 9/21/04, 1:07 pm


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