Ty Wilson Law Podcast
Ty Wilson Law Podcast
#208 Georgia Workers' Compensation Lawyer - Do You Need A Lawyer For Your Workers' Compensation Claim?

Do you really need a lawyer for your workers compensation claim? Hello. My name is Ty Wilson. I'm a George workers compensation lawyer practicing law in the state of Georgia. And the short answer is, it depends completely upon your injury. If you have a very minor injury, you really don't need an attorney. You need to get the care you need and you need to get back to work. You're going to make more money staying at work and remaining gainfully employed and dealing with the minor injury and  letting the employer and the insurance company pay for the injuries if they're mild. 

So if you have a serious injury where you need surgery or may need surgery, the bigger question is, are you going to be able to physically return back to work? And if that's a question Mark, you likely do need an attorney to help you. And the reason for it is not necessarily what you see, but what is going on in the background. These insurance companies spend a lot of money on nurse case managers, and these nurse case managers are reaching out to the doctor. When you're not around, they're supposed to provide you notice. None of them ever do. They're supposed to notify you. Ten days before they're going to meet with the doctor and invite you as the patient to be there. They never do. So what are they doing? They're working on the doctor releasing you back to work. That doesn't sound like a bad thing. And in fact, that's how they pitch it to the doctor. Hey, Doc, do you think they can get back to work? Maybe light duty, maybe something sitting at a desk, even if that's not your job. 

And so where that comes into play is the employer. If you don't work at a desk job and they make a desk job for you, really, what they're doing is they're stopping the checks for the insurance company and making sure that the employer takes back the employee. But if they created a job, well, the question is, do you think they're going to keep that job that they just created to get you back to work forever? It depends on what you're doing. If they've created a new position, there's a chance. But I don't think that the chances are that great. And so you have to look at the whole picture when you're injured on the job. If you know other people who have been injured on the job, did they return if they did? Well, maybe they had a minor injury, or maybe the employer brought them back to work. Maybe they hired an attorney. Maybe they didn't. Sometimes when you hire an attorney, the employer will take a more aggressive stance towards you. The insurance company will always take the aggressive stance. You are threatening their bottom line, which is money in their account. That's how a fictional insurance company exists, taking in premiums and paying out as little as possible. 

The workers compensation laws are supposed to be there to protect the employee. If you've been injured and you've suffered a work injury, you realize rather quickly the laws appear to really be protecting the employer. However, there are ways to meander through the system, and the reality is there is a sort of balance with the system. And so if you're lost and you're meandering through a system in which you might need a surgery or you need care, you're not getting the care you need. The answer is yes. At that point, you do need an attorney.