Recently I had to handle a situation for a client when the workers' compensation insurance company denied treatment for migraine headaches caused by medication given to my client by an authorized physician.
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Although Georgia's workers' compensation system is supposed to foster an environment where legitimately injured workers can get needed treatment and then return to work, the reality is much different. It has been my experience that workers' compensation practice is just about as adversarial as divorce practice. Often justice and fair play take a back seat to "winning" and efforts by employers insurance companies to avoid paying benefits.
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A front page story in the Sunday, May 24, 2009 edition of the Atlanta Journal-Constitution details the struggle of five catastrophically injured Atlanta police officers to obtain needed medical help from the City of Atlanta's workers' compensation office. Each of these police officers was injured in the line of duty – with injuries ranging from brain damage to paralysis arising from gunshot wounds to the spinal cord.
In our Georgia workers compensation law practice, we regularly see carpal tunnel cases. Carpel tunnel syndrome arises when the muscles in the wrist swell and compress the nerve running down the arm into the hand. When this median nerve gets squeezed, you will experience pain, numbness and tingling in the hands. In severe cases, a patient can suffer permanent nerve damage. Females are more likely than males to develop carpel tunnel syndrome.
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If you are injured on the job and you are a covered worker under the workers' compensation law, your employer is required to provide you with medical care. However, as you may suspect, what you consider as reasonable and necessary care may not be the same thing as what your employer and its insurer want to provide.
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One of the issues that I sometimes face arises from my client's initial report of his injury. When you are hurt on the job, you can help your case greatly by thoroughly and accurately reporting your injury.
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I work at a job where I am using a computer keyboard all day long. Over the past few months, my right wrist started to hurt and get numb at times. I reported my injury on November 28, 2006 to the Human Resouces Manager requesting for a keyboard tray from desk.
The HR Manager told me that it was out of his hands and that I should order a tray through my manager for approval. I asked on several occasions for the tray and my injury started to become more aggravated, so I went to his boss asking him about the status of a computer tray. He told me that the tray was too expensive and I now needed a doctors note in order for me to receive a keyboard tray.
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