I was injured in a car accident in Dec. 2004 while on the job. Workers comp accepted responsibility and paid my medical and PT expenses. Extensive injuries included broken femur, broken (upper) arm, fractured liver (which required surgery for continued bleeding), broken ribs, punctured lung, etc. Spent 24 days in ICU. After several months recovery at home, Dr. declared me at 7% disability, and worker’s comp paid several months worth of benefits based on that rating. Now it is 2 years later and while I am able to work, I still have little strength in my arm, and I walk with a limp (and occasionally my leg gives way and I nearly fall). Some days are pretty painful, although I manage to hold down a full-time job. One year ago, they asked if I wanted to settle (not naming a figure) and I declined. Nothing else has been mentioned. Can you give me a vague figure for settlement for these type injuries and also will my time run out for settlement?
Jodi Ginsberg replies: I look at a number of factors when creating a demand for settlement. There are two "big picture" concepts that apply:
1) the best time to settle is when there is maximum uncertainty in your case. Perhaps you are facing surgery, which would mean unknown medical costs and unknown lost wage benefits payable. Perhaps your doctor is proposing conservative treatment in the form of several months of physical therapy after which possible surgery. As your lawyer, I can make the argument that the insurance company’s potential financial exposure might be XYZ dollars. If your doctor has released you back to work or if your doctor has already performed surgery and you are participaing in an uneventful rehabilitation, there is less uncertainty and less reason for the insurance company to value the case at a high number.
2) insurance companies look at their potential financial exposure when deciding how much to offer you in settlement. They don’t care who you are or what you did. They are only concerned about money. If we can convince them that they may be on the hook for hundreds of thousands of dollars, they will offer substantially more than they would if they calculate their exposure at a few thousand dollars.
Here, my biggest concern has to do with the age of your case. First, you may have a statute of limitations problem. Second, you would have to link your current problems back to an accident that happened two years ago, despite your return to work. The insurance company will argue that any current problems may have to do with your post-December, 2004 work (or perhaps non-work) activity.
Returning to work, as you may have guessed, can create issues with settling a case.
They have already paid you PPD (permanent partial disability) so you would need another doctor to give you a higher PPD rating that what you already have.
I think that your case has some settlement value, but perhaps not as much as it would have had in 2005. If you want to call me to discuss, please feel free to do so.
[tags] workers compensation settlement, ppd rating, ttd benefits, georgia worker compensation [/tags]
Filed under Georgia Workers' Compensation, Maximizing your settlement, Settlements by 
As I was loading a 400lb. piece of freight on an aircraft, my (L) knee twisted. I was sent to a clinic and evaluated that I might need a knee replacement. I have a history of several knee surgeries, my job function is loading and unloading airplanes for 30 years. My question is can I obtain my own Dr. in the state of Ga., under the workmans compensation laws………Thanks
–Andrew
Jodi Ginsberg responds: Andrew, thanks for your interesting question. Here is how I would analyze your situation. First, I would want to know if your potential need for a knee replacement is the result of your most recent injury or is it a combination of this injury and your past injuries/surgeries?
Your employer and its insurer may try to argue that your current problem is the result of past injuries as opposed to this incident, and they may try to deny coverage.
Even if your employer tries to deny coverage based on your old knee problems, your case may be winnable if a treating doctor will go on record that your most recent injury aggrevated your pre-existing condition, and if you did not misrepresent your knee problems at the time you were hired.
If your employer has accepted responsibility for covering your knee problem, then the next step would be to get you to a specialist. Under Georgia’s workers’ compensation law, an authorized treating doctor can refer you to a specialist and, generally, the insurer would be responsible for paying the specialist to treat you. If your employer has a valid "posted panel of physicians" there may be a specialist there that you could choose.
If the employer is denying coverage, you would need to request a hearing on the issue of whether your injury is compensable.
As you can see, the answer to your question depends on a number of factors. I do not think you can or should assume that your employer or its workers’ compensation carrier will act in your best interest.
Feel free to call me at 770-351-0801 if you wish to discuss further.
[tags] knee injury and georgia workers compensation, arising out of and in the course of employment, pre-existing condition and workers compensation [/tags]
