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
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.
Technorati Tags: knee injury and georgia workers compensation, arising out of and in the course of employment, pre-existing condition and workers compensation
More on Will Workers' Comp Cover a Knee Replacement Arising from Years of Heavy Labor?
One of the most important parts of your workers' comp case relates to who will be your "authorized treating physician." The opinion of your treating doctor is very important to the development of your case – if your doctor downplays your injuries and releases you back to work, you may lose your benefits, you may lose your job, and you may lose important leverage in your case.
More on Posted Panel of Physicians Must be In View and Explained by Employer
Filed under Georgia Workers' Compensation, Posted panel of physicians by 
Yesterday, I settled a very intense closed head injury case for almost $200,000. In looking back over this case, it strikes me that there are several important lessons here for anyone pursuing Georgia workers' comp benefits.
More on Closed Head Injury Case Results in $195,000 Settlement
