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Hello, my name is Ty Wilson, I'm a Georgia workers compensation attorney, practicing law in the state of Georgia. And our video topic for today is, got a call from someone who was involved in a motor vehicle collision while they were working. So they have two separate claims, they have a workers compensation claim and they have a personal injury claim. And their question to me was, “Which one do I use or set up and move with first? What is the priority of the two claims?”
That is a very personal decision. However, I will say that with the benefits that you're allowed under the Georgia Workers’ Compensation Act, you're allowed medical care for your injuries. And then if you're taken out of work or put on light duty work and your employer is not able to accommodate your light duty, you may then be entitled to weekly income benefits. Whereas on a personal injury side of things, you are obtaining Medical Care on your own and coming out of pocket unless the medical provider is working with you on a lien basis.
And if you are out of work, you are seeking the lost wages at the conclusion of the claim, so they're typically in a personal injury claim. There is no money that's paid out as you seek treatment. It is something where you seek reimbursement for the treatment that you've obtained while you've been getting both the medical care and lost wages. And pain and suffering workers comp on the other hand does not have pain and suffering.
What we like to do is, we like to set up the workers compensation claim, get the income or get the injuries taken care of by medical providers, which is paid for by workers compensation. And then if you qualify for income benefits, we certainly look at obtaining the income benefits. And getting you back to where you were, hopefully prior to the motor vehicle collision. And then dealing with the personal injury later on down the road.
There is a possibility that workers compensation will say, “Hey we want to be paid back.”– it's called subrogation. And so that's something that you definitely want to have an attorney involved with if you have a situation like that. If you have a specific question about a personal injury and workers compensation, we call a “combination claim”. Feel free to check out our other videos. Give us a call and we'll see you on the next video. Thank you.