Ty Wilson Law Podcast
Ty Wilson Law Podcast
#199 Georgia Workers' Compensation Lawyer - Basics of Workers' Compensation - Medical Care

Hello. This video is about your guide to the basics of workers compensation. Today we're focusing on medical care. Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney, practicing law in the state of Georgia. And so Let's get into medical care. In order to obtain medical care for a work injury claim, you must be an employee, meaning you're not an independent contractor. Now, there are several questions as to what determines if someone is an employee and or an independent contractor. And that's something that we'd recommend you contact, reach out… contact Georgia worker's compensation attorney.

However, typically speaking, an employee is someone who has taxes taken out of their checks, and they are able to be controlled as far as their schedule or as they say, their time, method, manner and means. And so what does that mean? What means an employer can say, Hey, I need you here at eight o'clock and I need you to show up at eight o'clock and you'll be leaving at five. We'll get an hour lunch, you'll get a couple of breaks, etc. And when you get here, I'll tell you what to do. And then they start laying out a schedule for you. And that is typically what an employee is versus an independent contractor is typically someone where they say, I need you to do a job for me. We'll pay you for the job. We're not going to pay you hourly. You bring your own tools and show up whenever you can. We'll have that job for you, and we'll be ready sometime around next Wednesday. Something along those lines. So it's a little bit different.But this video is not meant to determine the difference between an employee and independent contract. We can do a later video on that.

The important thing is if you are injured on the job and you are an employee, that is where you would qualify for workers compensation medical benefits. Now, there are some other things that you need to be aware of. As I said, first of all, you should be an employee. Second of all, you need to be physically injured, meaning a mental injury only will not apply in Georgia workers compensation. Also, you must be injured….Your injury must occur arising out of and in the course and scope of your employment. And those are two separate things. So a rising out of is a connection between your work as an employee and the injury that you received. And so there has to be some sort of connection so that's the arising out of the course and scope of well, that's where the employee is helping the employers business goals. So you must have both in the course and scope of employment. So rising out of and in the course and scope of employment. We typically say that means you were doing the job that you were hired to be doing to help your employer out. There must be a connection between, as I said, your work and the entry that you sustained.

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