Legal Question in Workers Comp in Georgia

Continuing Employment at Job

I have a knee injury, job related, now requiring surgery. I have another job offer pending. Can I leave my current employer and still receive Workmans Comp benefits that are related to the injury that occured on the job? Or, do I have to ''stay'' employed with current employer until knee is fixed?


Asked on 10/20/07, 5:42 am

1 Answer from Attorneys

Tom Brown Burdine & Brown

Re: Continuing Employment at Job

In the best of all possible worlds, you would be able to ask your new employer to hold the job open for you, get the surgery under the first employer's WC insurance, then settle your claim, then take the new job once your knee is better and you are able to work and do not need further medical care for your knee. I predict that if you leave your job now and take the new job, you will not want to immediately leave the new employer and have surgery and be out of work...that does not look good for you with your new employer. So, what will you do? You will put the surgery off for a while. When you are ready to have the surgery, the old employer and their WC carrier, will say that you aggravated your knee on your new job and withhold surgery approval. That is the worst of the worlds. Maybe something in between these two scenarios will happen. Good luck.

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Answered on 10/21/07, 12:46 pm


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