I often explain to my clients that a major struggle in any workers' compensation case relates to medical care. Georgia law gives employers the first opportunity to decide where an injured worker must go for treatment but this control is not complete:
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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.
You have been injured on the job and are now receiving Georgia workers' compensation benefits. Who decides which doctor you can see? What if you are not happy with the company doctor? Are there any circumstances when you can choose a doctor of your choice?
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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.
More on Medical Treatment in a Workers' Compensation Case – What You Need to Know
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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This morning I received a bill in my name for payment due. I called the establishment to inform them that this is a Worknman"s Comp claim and the employee there told me that it has not been filed with Workman's Comp Insurance Company . I relayed this information to our office with a fax number for the paperwork to be sent to the company expecting their money. What else can I do to have this matter resolved? The company I work for is in the process of being closed and I want to make sure this bill is paid.
–Alice
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The term "malingering" can cause you a great deal of problems if it appears in your medical records. If a judge believes that you are a malingerer, he will likely disregard much of your testimony and he will have an unfavorable attitude about you and your case. Malingering suggests lying and judges rarely award benefits to claimants who appear to be dishonest.
Physicians regularly employ a variety of tests to help identify a malingerer. Although these tests are not always accurate and can be rebutted, you are much better off doing everything in your power to avoid the malingering label in the first place.
Tests that physicians, psychologists and psychiatrists use to spot malingering usually fall into one or more of the following four categories:
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