I wanted to know if there was anything that could be done to help me. I had surgery on my left shoulder and have reached MMI with a disability rating and significant work/lifting restrictions (I’m a nurse). Now, my right arm is starting to grind and bother me. I know it’s from overuse of it because I had no problems with it until I kept having surgeries on my left (3) and had to use it all the time. Is this a part of my workers comp. claim or do I have to be on my own with this?
Sonji
Jodi Ginsberg replies: Sonji, he injury to your right arm is potentially compensible as part of your workers’ compensation claim. If your authorized treating physician will agree that the problems you are having with your right arm are consistent with overuse that is reasonably and logically the result of having only one functioning arm then you have a strong argument for benefits.
[tags] arising out of the course of employment, georgia workers compensation, overuse syndrome [/tags]
I injured my ankle back in August. I have missed work, been place on restricted hours. I finally got sent to a specialist this past thursday. I start rehab on Monday. I had a phone interview with my workers comp. represenative and she told me that i would be reimbursed for time i missed worked and the days that i worked limited hours.
She told me that it would take 13 weeks from today before i would receive any compensation. She also told me that I have to have 13 weeks of time worked prior to the date of the injury and that time worked is a factor of how much i am to receive.
I am hoping that physical therapy will help my ankle so that i can go back to working full time. Is the workers Comp. rep. trying to get over on me or is the 13 weeks waiting period normal. please let me know as soon as possible. Thank You
–Jason
Jodi Ginsberg replies: Jason, thank you for your inquiry. The answer is "NO." You do not have to wait 13 weeks (91 days) to get payment when an authorized treating doctor gives you a "no work" form or puts you on light duty and the job has no light duty.
The ins company rep is not telling you the correct information. The law states that when there is an accepted claim, there is a 21 day waiting period from the date of accident and then you can recover TTD (temporary total disability) benefits. The 13 weeks comes into play when they look at your average weekly gross wage so they can figure how much to pay you in TTD weekly. There is obviously a big difference between waiting 3 weeks as opposed to 13 weeks. Again, you only have to wait 21 days (3 weeks) for your first check if the insurance company accepts responsibility for the claim.
Your TTD benefit is an average of the past 13 weeks of gross wages of your salary OR if you were not there for 13 weeks then of a similar employee. The TTD benefits are 66 2/3 % of average wage and depending upon the year there is a cap paid. Right now the cap is $450 per week for injuries in 2006.
You are welcome to call me at 770-351-0801 to discuss your case further and rights you have under the law when it comes to benefits, proper medical care, payment, reimbursement and settlement. Please be careful when dealing with the ins company as they may tell you things that are not always correct or that you misinterpreted.
[tags] TTD benefit in Georgia, 21 day waiting period workers comp, 13 weeks and georgia workers compensation, georgia workers comp benefits [/tags]
Filed under Georgia Workers' Compensation, Income benefits by 
Here is a question I received from a gentleman named Leon: Injured shoulder 11/16. Have seen Comp Dr. twice. Mentioned pain and ‘popping’ in shoulder. Diagnosis is a mussle or ligament tear. There was no mention of a possible rotator cup injury. Comp. insurance company has approved 2-3 weeks PT. Company has said they will pay me thru this period @full pay while on ‘light duty’. I have agreed to this. It was skilfully implied that this arrangement was in lieu of filing a claim. Can I wait to see if this PT is effective and file a claim at a later date?
Jodi Ginsberg responds: Leon, the thing you need to realize is that if you wait to file a claim you may be compromising your claim should you need to pursue it. There are many complications that can occur when you hold off on filing. For example, your employer may try to use your delay against you by contending that you hurt yourself at home or that you had a pre-existing claim. Some employers try to pursuade you not to file the claim so their premiums do not go up. If you agree and then find yourself with no claim, no coverage and no job and a denial of the claim.
There is a 30 day notice requirement to report the injury to a supervisor and a one year filing requirement with the State Board of Workers’ Compensation to perfect the claim.
Although workers’ compensation is supposed to be a "no fault" system that covers you if you are injured while on the clock, over the years it has become a very adversarial system. In some instances, employers will turn on loyal employees with a long work history and solid performance history. Often the employer will demand a resignation as part of settlement negotiations.
On the other hand, I do not necessarily think you would be acting wisely to trust your employer to do the right thing. Although I would want to speak with you further about your claim, I generally advise anyone who is injured on the job to report that injury as a workers compensation injury sooner rather than later. I also think you need to get a better idea of exactly what is wrong with your shoulder and what your likely course of treatment would be. You did not specify what you do at work so it is difficult to give you any specifics. Feel free to call me at 770-351-0801 and I would be happy to discuss your case with you further.
[tags] shoulder injury on the job, georgia workers compensation, State Board of Workers’ Compensation, rotator cuff injury [/tags]
Filed under Case studies, Georgia Workers' Compensation by
