Ty Wilson Law Podcast
Ty Wilson Law Podcast
#212 Georgia Workers' Compensation Lawyer - Will You Win Your Georgia Workers' Compensation Claim?
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Will you win your Georgia workers compensation case? Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney practicing law in the state of Georgia. And the question we get a lot is “If I decide to go to a hearing while I win?” Well, we cannot tell you yes or no. Everything that matters when you're dealing with a Georgia workers compensation claim is what is called “evidence”. An evidence is what you have that you can prove. We all know that there are certain things that happen, but if you can't prove them in a court of law, it's like they didn't happen. And so evidence is what you must base your case on. And in reality, anybody who says yes, you can win. Well, if you've got a Slam dunk, yes, you can win case, you really shouldn't be out of hearing. Okay. 

There are times when the other side, employer insurer may not know details for some reason, but I think for the most part, once all the evidence is laid out, they're pretty realistic in their expectations and will not drag something into litigation, typically speaking without a reason. And so if there's something they are continuing to fight, there's probably some evidence or maybe some surveillance or video footage of you doing something you shouldn't have been doing or something along those lines. And so it's important to find that out into what is called discovery. But will you win your case? That's a complicated question. 

There is no guarantee that you will win everything you're seeking in a workers compensation claim. And so for any attorney to tell you otherwise, I think is somewhat reckless. The only way you find out if you win is by going through the process. And I'll say this a lot of times. What is considered a win is also a question Mark. In workers comp you're seeking medical benefits as it relates to your work injury and income benefits, if you've been taken out of work for more than seven days or on light duty or out of work completely for more than seven days. If you're on light duty, the employer cannot accommodate your restrictions. Okay. 

Will you win all of that? Well, the question is, what evidence do you have? Do you have work status reports that show that you're out of work or that you're on light duty? Do you have a name of someone at the employer's office that says, hey, just stay home. We can't accommodate your duty restrictions right now. We need somebody who can do work. That does happen doesn't always happen in writing. And so the more evidence you have in support of your contentions, the better chance you have of winning. But as far as Slam dunks, well, those are far and few between they are out there. But once again, if something is a Slam dunk, it doesn't need to be on a hearing calendar.