What If I Don't Want to Go Back To Work With A Limited Duty Release?

If your doctor has you totally written out of work or has you written to restrictions so severe that your employer cannot or will not provide you a job, you are entitled to weekly income benefits. However, if your doctor writes you back to work on some type of limited duty, your employer will likely submit a job description (form WC240a) to your authorized treating physician (ATP) for review. If your doctor agrees to allow you to try the work, you will be asked to come back to the employer and try to work within the doctor's restrictions (normally this procedure is done with what is called a form WC240).

If you refuse to go back and try a job your doctor has agreed for you to try, you run the very real risk of losing your Georgia Workers Compensation Benefits. So, NOT going back to try a job your doctor has approved for you to try is a bad idea.

If after trying the job for about a week or less you realize cannot do the job, tell your employer and he will be required to automatically restart your weekly benefits (TTD Benefits). Then, the employer/insurer has the option of taking your case to court to try to prove to the judge that you can do the job. If you wait too long before informing your employer you cannot do the work, you run the risk of having all your income benefits stopped and at which time YOU will be the one filing to go to court to prove to the judge that you cannot do the job.

Trust me, you do not want to be the one with the burden of proof. It's better if the employer/insurer has the burden of proof at the hearing.

So, if your employer has filed a valid WC240 and the doctor says you can try the job, by all means, go try the job. If you can do it, fine. If you cannot, you need to try to figure that out within the first week and inform your employer or possibly run the risk of losing your income benefits and having to file for a hearing which will likely take many months before you actually get in front of a judge. All the while, you are without TTD income benefits. If you need help, contact: KeenerLaw.com

How Much is My Amputated Arm Worth in Georgia Workers Compensation?

When I evaluate a case for settlement the actual "value" of a lost body part is only a small part of the total value of the claim. The key questions have to do with your future employment history and what your medical providers tell me we can expect in the future for your case. But, one factor in determining the value of the claim is the value of what is called permanent partial disability (PPD for short). Many body parts have been assigned a weekly value rating. A leg is worth more than a hand, a hand is worth more than a toe, an arm is worth more than a foot and the whole body is worth most of all. In Georgia, by law, a leg is wroth 225 weeks of your weekly benefit check. A Foot is worth 135 weeks, a Great Toe is worth 30 weeks an ear is worth 75 weeks, etc. etc. The imbalance comes in when there is a difference in earning capacity. 100 weeks of someone who has a weekly benefit of $500 is $50,000 and 100 weeks of someone who has a weekly benefit of $85 is only $8,500. Same body part, same injury, just two different folks making different amounts of income. Doesn't sound fair does it? I mean, first of all, nobody is going to want to give up ANY body part for any amount of money. But, when the body part is lost, this is how the PPD calculation is done. High income earners simply have a more valuable case than low income earners because the exposure of the employer/insurer is higher. Not fair, but that's the way the law is written in Georgia.

But, again, the PPD value is only a small portion of the value of your claim. DO NOT allow the insurance company to low-ball you and only pay you the PPD value for your claim. Call an experienced attorney (view video) to help you evaluate the proper settlement value for your claim. Whether you call it workers compensation, workman's compensation, workers comp or work comp, protect your rights and get advice that will help you get the FULL value of your claim.

More Info - After Settlement, How Long Do I Have to Wait To Get My Money?

Most Georgia Workers Compensation claims settle. Settlement is voluntary. There are various ways to evaluate and settle a Georgia Worker's Compensation case discussed elsewhere in this Blog. Suffice it to say that no workers' compensation case in Georgia ever settled without the agreement of all parties. Frequently, after a case is settled, I get a question like this: "How long does it take for my workers compensation money to come through after we agree to settle?" (VIEW VIDEO) That's a great question. Generally the procedure works like this. After a value is reachd, a settlement or stipulation needs to be drafted and signed by the injured worker. After that it goes to the Georgia State Board of Workers Compensation for review and approval. That generally takes about two weeks (14 days) or so. During that time you still receive your Temporary Total Disability benefits (your weekly check). However, once the judge approves the workers' compensation settlement, it's a done deal. Then, you should get your money in less than three weeks or there is a penalty imposed on the employer/insurer. My experience is, that your money usually arrives in about 10 to 14 days after the settlement is approved by the judge. Evaluating and settling workers compensation claims in Georgia is an art. The employer/insurer will never tell you or pay you the full value of your claim. It takes someone with years of experience dealing in Workers Comp cases in Georgia to know what they are worth. If you have been injured on the job, seek help with your settlement with an attorney who has experience.

Can I Still Receive Workers Compensation Benefits If I Start Working for a New Employer After a Georgia Worker's Compensation Injury?

Today I received a call from someone who had been hurt on the job and was looking at working elsewhere. They wanted to know if they left the job or were fired from where they were hurt, whether they would lose their rights to receive Georgia Workers Compensation benefits.

That is a fairly common question. Many folks think they are only entitled to Georgia Workers Comp benefits while they are still working for the company where they were originally injured. Sort of Like Health Insurance expiring when you start working for a new employer.

Whether you are fired or quit, the original employer remains fully liable for medical care and lost wages brought about from the original job injury. Starting to work elsewhere can bring on issues you may be able to avoid if you simply stay with the original employer. This is a fairly fact-specific analysis and I encourage you to discuss your particular facts with a lawyer before you start working elsewhere. But, if you do work elsewhere, the original employer remains liable to you under Georgia Law for your income benefits and medical benefits brought about or exacerbated by your Georgia Job Injury.

Russell Keener at Keenerlaw.com is happy to discuss your particular facts at no charge for an original consultation.

Your work restrictions and employment situation have a tremendous effect on the value of your Georgia Workers Compensation Claim. You are entitled to the best settlement possible for your GA Work Comp case. We understand how much your claim is worth and want to make sure you understand what your case is worth. Protect your future and your family's financial future, talk with a lawyer about the specific facts of your Georgia Workers Compensation case.

When Will I Get My Money for My Georgia Workers Compensation Settlement?

Whenever I settle one of my client's cases, I normally am asked "how long will it take before I get my money?".

Well, my experience is this: After we agree on a settlement amount a lawyer for the employer/insurance company will propose a settlement draft and sent it to me (either email or snail-mail). I will look it over, make changes if necessary and go over it with my client. This process normally takes 7 to 10 days.

After the client signs the paperwork it is remitted back to opposing counsel who forwards it to the Georgia State Board of Workers Compensation for review. At that point, the stipulated settlement agreement is reviewed by the board and signed by an administrative law judge. I would estimate that about 99% of the stipulations that come through my office get approved without any further intervention from the Georgia State Board of Workers Compensation.

The Keener Law Firm has been specializing in Georgia Workers Compensation cases in the state for nearly 20 years and is proud to have developed a fantastic reputation with the Georgia Board of Workers Compensation. Virtually all of the stipulated settlements that go through my office are approved without comment.

The approval process at the GA Board of Workers Comp takes approximately 10 to 14 days. You are entitled to continue to receive your TTD or TPD benefits up until the time the Administrative Law Judge signs your Georgia Workers Comp settlement documents. After that, your income benefits will stop.

After the judge signs your settlement agreement the employer/insurer has 21 days to get you the money or incur a 20% penalty. But, because of the penalty, most employer/insurers will pay the claim promptly. The entire process normally takes 4 to 6 weeks from signature for you to get your money.

Sometimes the Georgia Workers Compensation judge will approve the settlement in the middle of a pay period. Since the employer/insurer's exposure stops when the judge signs the settlement documents, your weekly income check will be adjusted up or down to make up for the judge signing in the middle of the week. This is normal and nothing to get upset about. If you have any more questions about your Georgia Workers Compensation Settlement, call a lawyer who knows about such things. I do not charge for an initial consultation. KeenerLaw.com 770-955-3000.

Autopsy for Medical Malpractice Case

Today I received a telephone call from the sister of a fellow who died recently. She went on to tell me that she is a nurse and suspects her brother's death may have been caused or contributed to by a medical mistake. After hearing her suspicions I agreed it was worth looking into. I knew immediately what information was going to be necessary for my experts to evaluate the merits of the case, a full set of medical records and an autopsy.

Many times when someone dies, the family is (obviously) so caught up in the funeral arrangements and grief that they forget to request an autopsy. Fortunately, with the family's medical experience they remembered to ask for an autopsy. Also, they asked that it be done at a hospital DIFFERENT from the one they suspect of medical malpractice.

Most times when there is a death case, my law firm and our expert witnesses will need an autopsy to determine the cause of death. An autopsy is ALWAYS helpful.

If you suspect a love one's death was caused by (or contributed to by) a medical mistake, an autopsy is extremely helpful if not required. Also, remember. The autopsy should be done at a hospital DIFFERENT from the one where the medical mistake is suspected to have occurred. Obviously this is done to avoid impropriety from the hospital trying to cover a mistake. The hospital should not object to having the autopsy done elsewhere and, I contend, should encourage it be done elsewhere to avoid even the appearance of impropriety.

If you have a loved one whom you suspect has died of a medical mistake, ask for an autopsy and consult a law firm with experience in handling Georgia medical malpractice and Georgia death cases.

For more information, see my website: KeenerLaw.com

The Georgia Workers Compensation Appeal Process

There is no jury in a Georgia Workers' Compensation case. If there is a trial (it's called a hearing), it is in front of an Administrative Law Judge (ALJ for short). If you do not like the decision of the ALJ there is an appellate process in place. First the decision can be appealed to "the Board." Basically three DIFFERENT ALJs have an opportunity to determine whether the original ALJ got it right.

After that, there is another level of appeal. The case can then be appealed to the Superior Court. Every county in Georgia has a Superior Court. The Superior Court is a court of "general jurisdiction". That means it is qualified to hear a variety of different types of cases. From divorces, to felony murder cases, to workers compensation appeals.

After that, the case may be appealed to the Georgia Court of Appeals and then, to the Georgia Supreme Court.

Are Damages Important?

This week I received a few telephone calls from folks wondering whether they had a case. One case was from a child whose parent was in a nursing home. Through some negligence of the nursing home the parent was put in danger and, but for the grace of God, nearly received a serious or possibly deadly injured. The parent is fine, but it could have been very serious. Can we sue them? I am asked. I want to make sure this does not happen to another nursing home patient at this facility, they say. Having lost a parent and having seen some of the dangerous "care" provided by some Georgia Nursing Gimes, I understand their frustration.

Another potential client called today and said their dad was driving down the road when an unsecured item (a large pipe) fell from the back of an 18 wheeler and struck his father's arm (which was resting on his car's window sill) as he drove down the road. The arm is banged up and the emergency room doctor said he may have some nerve damage but further testing was necessary. Is that a case I am asked.

The thing I point out to both of them is that in order to have a prosecutable tort action in Georgia, damages are required. It is not enough to have negligence. In other words, in both cases there is a party who has done something wrong or acted negligenly. However, without actual damages you do not have all you need to be successful at a Georgia Tort Action. The first case lacked damages. I told them that the good news was also the bad news. The good news was their parent was not actually hurt, the bad news was that without some actual injuries (damages), I could not prosecute the case for them. The second case required more objective testing before we could understand the extent of injuries to his father's arm. We are taking a "wait and see" approach. We will wait for further objective testing to determine the extent of his father's injury and then we will see whether it is a case worth prosecuting. If the injuries are minor, it is hard for a lawyer to justify the time and expense he will put into the case to bring it before a jury.

In Georgia tort actions, negligence is not enough, you also need damages (not to mention causation, but I'll save that for another day).

If you or someone you love has been injured in Georgia by the wrongdoing of another, conslut a Georgia Injury lawyer to see if you have a case worth prosecuting. Most lawyers do not charge for an initial consultation. I probably spend 20% of my time talking with prospective clients about their cases, I'm sure most other Georgia lawyers do the same.

FAQ - CAR WRECK - MEDICAL BILLS

Sometimes, after a car wreck, a client will call and say shoudn't the insurance company for the other party pay my medical bills? They say, "I don't have any insurance and the wreck wasn't my fault, shouldn't their insurance company be paying my medical bills?"

The answer to that is yes and no. If you prevail in your lawsuit, the at-fault party will ultimately be held responsible for all medical bills related to your car wreck. However, until then, it is up to you to pay your medical bills either through your automobile's medical payments insurance (med pay), through your health insurance, medicare, medicaid, Peachcare, etc. But, the at-fault insurance company has no obligation to pay your medical bills until after a judgment is entered in your favor.

Think about it. Why would the at-fault insurance company want you to incur a bunch of medical bills? They would rather you not get medical care and then argue to the jury "you must not have been hurt very much, after all, you didn't require much medical care."

So, until that time, it's up to you to pay your own medical bills. After all, they reason, it was your choice to not have your own health insurance (never mind the fact that medical insurance is very expensive and out of reach of many ordinary people). Now there are a few doctors who will treat on a lien. That means, we will sign an agreement with them allowing you to receive medical car now in exchange for our promise to send them their money from your award/settlement. If you need medical care from a car wreck that was not your fault, talk to a lawyer who can discuss your payment options with you.

Train Accidents

Collisions with other trains is the most common type of train accident. Followed by, collisions with a passenger vehicle, and finally train accidents involving a single train. These types of accidents can be caused by improperly maintained tracks, unsafe intersections, train derailment, or mechanical failure.

The absence of adequate warnings at railroad crossings in Georgia can also contribute to collisions. The Federal Railroad Administration reports that more than half of all railroad accidents in Georgia occur at unprotected crossings and over 80 % of railroad crossings do not have adequate warning devices.

A train accident lawyer at our Georgia law firm can help victims from across Georgia determine the cause of the accident. If you or a loved one has been injured as a result of a train accident, contact a Georgia train accident lawyer at our firm today for a free consultation

Work Compensation Settlement and SSDI

Years ago in Georgia, applying for SSDI during your Georgia Workers Compensation case was a good idea. The same standard used for SSDI was used by the Georgia State Board of Workers Compensation to determine whether your case was "catastophic" that is, "whether your injury has prevented you from finding work of substantial numbers in the national economy."

However, several years ago, the Federal Government changed some SSDI laws and now if you are on SSDI or have applied for SSDI and have a Georgia Workers Compensation Case, the insurance company will only settle it in conjunction with a Medicare Set Aside Trust (MSA for short).

Effectively money that would/could be used towards your settlement (so you can pay your own medical bills) will not be applied towards the money going to you but rather placed in a trust account you cannot touch unless you specifically use it to pay for your job related medical expenses.

As a rule of thumb I do not normally encourage my Georgia workers compensation clients to apply for SSDI prior to settlement of their workers compensation claim.

This is a very tricky area of the law and there are exceptions, seek legal help by discussing your specific facts with a lawyer how knows this area of the law.

Settlement

Most insurance companies want to settle their claims. If they don't they have to keep hiring more adjusters, more lawyers, more office space, etc. Not to mention that many serious cases tend to get worse and more expensive over time rather than better and cheaper.

I heard an adjuster say once that the only good workers compensation case is a settled workers compensation case.

Putting a value on the proper amount for the settlement is the trick. Adjusters will not tell you all your rights so many injured workers who think the adjuster is their friend get taken advantage of.

Make sure your settlement takes care of your income benefits, medical care, rehabilitation, and your future needs like housing and transportation.

Top 10 List: Reasons to Hire an Experienced Personal Injury Attorney

10. EXPERIENCE ASSESSING CLAIMS. Personal injury attorneys are experienced with cases like yours and can tell you at the outset whether it is worth your while to pursue legal action. If you are unlikely to prevail, you will not need to incur the time and expense of preparing for litigation.

9. NO FEES IF YOU DON'T RECOVER. Most personal injury attorneys work for a contingency fee, which means that if you do not win your case, you will pay no attorneys' fees.

8. RED TAPE. An experienced attorney can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.

7. INVESTIGATIVE TEAM. Experienced attorneys work with a team of investigators who have experience in specialized areas and will skillfully investigate the technical aspects of your case.

6. OBJECTIVITY. A personal injury attorney can be more objective about your case than you can and will not make a rash decision. Whereas you may be tempted, for instance, to go for a quick payout, your attorney may counsel you that it is in your best interests to wait for a more appropriate offer.

5. ALTERNATIVE DISPUTE RESOLUTION. An experienced attorney will know whether your dispute may be best resolved through mediation, thereby saving you time, money, and emotional energy.

4. EXPERIENCE WORKING WITH OTHER LAWYERS. An experienced personal injury lawyer can deal most effectively and expediently with opposing counsel.

3. EXPERIENCE WITH INSURANCE COMPANIES. Lawyers are also used to working with insurance companies and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount.

2. BEST SETTLEMENTS. Personal injury attorneys work hard to reach the best settlements for their clients, as early in the litigation process as possible.

1. BEST JURY VERDICTS. If a trial becomes necessary, a personal injury lawyer can zealously represent you in court and work toward achieving the best possible jury verdict in your favor.

Amputations and Paralysis

Amputations

Amputation is defined as removal by surgery of an external body part, usually all or part of a limb. Amputation may be required when a limb has been severely crushed or when blood circulation is impaired. Other conditions which could lead to amputation include infection, frostbite, burns, or ateriosclerosis. Even though a body part has been removed, some amputees report the feeling of painful sensations from the removed part. This condition is called phantom-limb pain.

Paralysis, Paraplegia, and Quadriplegia

It is a tragic event when you or a loved one suffers an injury so severe that it results in paralysis, paraplegia, or quadriplegia. If the injury was caused by someone else's negligence, you owe it to yourself and your family to consult with The Keener Law Firm, so that one of our legal professionals can explain the rights you may have against the negligent party.

Paralysis occurs when there is a loss or impairment of motor function due to lesion of the neural or muscular mechanism. There are many causes of paralysis, including trauma.

Paraplegia refers to paralysis from approximately the waist down.

Quadriplegia refers to paralysis from approximately the shoulders down.

Serious spinal cord injuries can result in a loss of sensation. The causes of spinal cord injuries vary. Statistics show that motor vehicle accidents cause 48% of spinal cord injuries and falls cause 21% of spinal cord injures.

Beat The Insurance Adjuster

Don’t let the adjuster keep you from getting the money you deserve!

Insurance adjusters thrive off of the confusion that an auto accident causes in people's lives. The adjuster’s job is to make the insurance company more money by paying less money to people injured. They do this by taking advantage of any instances where an injured person does not have proof of damages or injuries. We know that’s not fair, so we’ve put together some ways that people injured in an auto accident can show proof of their injuries and beat the insurance adjuster at his own game.

At the Scene of the Collision:

Make observations (Also see our Auto Accident Procedures page)
Identify the witnesses so there will be someone to support your case if it goes to court. Write down their names and addresses and interview them. Ask them what they saw and make a note of phrases they used like "slammed into," "plowed," "speeding," or "he ran the red light." Beware of insurance representatives at the scene of a car wreck in Georgia. It has been rumored that some insurance companies send adjusters to auto accident scenes in order to catch people off guard with incriminating questions or to have them sign away any rights they may have to future compensation.

Immediately After the Collision:

See a Doctor
If you are injured, schedule an appointment with your own doctor as soon as possible. Don’t let the insurance adjuster choose a doctor for you. You have the right to a doctor of your choice.

Take Pictures
Take pictures of your car as soon as possible after the car accident. When the adjuster asks for proof of damage, it is difficult to dispute a picture taken of your car at the collision scene. Pictures of the damage will help tell your story. If possible, take pictures of the other cars involved as well. These pictures will help supply information about the severity of the impact associated with your car wreck in Georgia.

Take pictures of your injuries before they heal. In many cases, the seat belt strap will bruise a client across the shoulder and chest, but after several weeks those bruises heal. Months later, when the insurance adjuster is arguing that the auto accident was not very significant, pictures of your bruises and other injuries will help solidify your personal injury claim.

As Time Passes:

Write Down Your Observations
Keep notes about your injuries. In 6 or 7 months, you might forget how it hurt just to get dressed, and the adjuster will try to make it seem like any description you give is an exaggeration. Write down your pain medications. These kinds of written documents can be very valuable when presenting your personal injury claim to the insurance adjuster or to a judge and jury in court.

Keep Records of Expenses
The adjuster will ask for proof of anything you claim as an expense. Be sure you keep receipts for prescriptions, household services like lawn-mowing and getting someone to cook for you, car rentals, and so forth. Keep each of those receipts so you can document every expense.

Most Importantly:

Consult an experienced personal injury lawyer.
Without legal help from a Georgia auto accident lawyer like The Keener Law Firm Personal Injury Lawyers, you may have no idea of the real value of your claim. And, the Insurance Research Council found that on average injured people who use a lawyer receive three and a half times more money than those who do not! (Source: Insurance Research Council 1999 study).

The bottom line is that the insurance adjuster is not on your side. His goal is to save the insurance company money by giving you as little as possible. Whether you choose The Keener Law Firm Personal Injury Lawyer to represent you or not, you need an experienced, tough law firm on your side, with experienced, tough auto accident litigators on the case. Don’t go it alone.

If you have been injured, contact The Keener Law Firm Auto Accident Injury Lawyers today!

What Should I Know About Auto Insurance

In auto insurance, there is first party coverage and third party coverage. First party coverage covers you and your property (such as medical expenses, damage to your vehicle and the insurance company's duty to defend you in the event that you are sued as the result of your operation of a vehicle, etc.). Third party coverage is for your responsibility to pay for injury caused to other people, whether in your vehicle, or another vehicle involved in the accident. The coverage (and its exclusions) is set forth in your insurance policy. In exchange for the payment of a premium, the insurance company promises to provide compensation in the event of certain occurrences. You can speak to an insurance representative to find our more about the options available to you, and their costs.. Before purchasing auto insurance, it is a good idea to shop around and buy the coverage that best suits your needs at the most reasonable price. You may wish to consider factors such as customer service, claims paying ability, claims payment record, general reputation and independent rating organization's ranking.

In determining what Liability Limits you should purchase, you need to consider the amount of exposure that you have. As a general rule, the more property and wealth you own, the greater your exposure is, and the greater the need for protection against claims from third parties. Often, liability limits are set as a combination of numbers, such as 25/50, which means coverage of loss of up to $25,000 per person and up to $50,000 for all injuries which occur in a single accident. Many states require a minimum amount of third party liability insurance be purchased before a you may drive a vehicle on public roads. This is referred to as the minimum liability limit. Often the minimum liability limit is inadequate to protect all of your property and wealth. Increased limits, such as 100/300 or 300/500 are very common and can be purchased at modest addition cost to you.

Your vehicle itself can be covered in several different ways. Comprehensive coverage provides coverage for loss to your vehicle due to certain proximate causes (such as fire, theft, vandalism, and acts of nature). Collision covers damage to your vehicle in the event that it collides with another vehicle of object, often regardless of who is at fault in the event of an accident. Both comprehensive and collision coverage may be subject to a deductible, that is, damage to the vehicle must exceed the deductible amount before the insurance company will pay you for a covered loss. Deductibles for this coverage are available is various amounts, generally the greater the deductible, the lower the premium for the coverage.

Most insurance policies require Notice of Loss be provided to the insurance company. When you are involved in an accident, the terms of most insurance policies state that you must contact your insurance company and tell them about the accident. Should you fail to tell your insurance company about an accident in a timely manner, the insurance company may try to deny coverage for the occurrence.

After you have notified your insurance company of an accident, the policy may require you to "Tender the Defense" of any claims arising out of the occurrence to the insurance company. This means that you are required to allow the insurance company to hire an attorney or otherwise participate in the settlement and litigation of claims against you by third parties. This also protects you, as the insurance company will provide a defense for you in the event that you are sued as a result of your operation of a vehicle.

Once an insurance company has provided benefits to you, such as the repair of your vehicle under collision damage coverage, you must give the Subrogation Rights arising from the accident to the insurance company. This means that once your insurance company has "made you whole" after a loss, you must give your right to pursue negligent third parties for compensation to the insurance company. This enables the insurance company to be "made whole" for its payment to you by recovering damages from the negligent third party. In other words, if your insurance company pays you for damages incurred in an accident which was not your fault, you give them the right to sue the party at fault, and you give up that right.

Some states, and many insurance companies, have Mandatory Arbitration of disputes arising out of auto accidents. In a mandatory arbitration state or insurance policy, liability for damages must be determined as a result of an arbitration process before a civil lawsuit can be filed in the court system. In arbitration, neutral arbitrators (knowledgeable practicing attorneys) are selected, and evidence is presented to them. The arbitrators then determine the amount of the arbitration award. If the arbitration award is agreed to by both parties, the matter is ended (the arbitration award may be made a court judgment for further enforcement purposes). If either of the parties involved refuses to accept the arbitration award, a lawsuit may then be filed to have a new trial in a court of law, with liability to be determined by a judge or jury.

Car Accident Procedures

1. Stop immediately. Stay calm and do what you can within reason to avoid blocking traffic. Never leave the scene of an accident in which you or your car were involved no matter how slight the collision. Failing to stop at an accident may subject a person in the Georgia to a criminal action for leaving the scene of an accident, even though the accident is not the person’s fault. Pull over to the side of the road as soon as possible without endangering any other person and without obstructing traffic.

2. Check to see if anyone is injured. Take care of any person that is injured, including rendering medical attention as soon as possible. Contact 911 or any other ambulance service in order to receive medical treatment. Do not assume that a lack of an injury means that a person it not hurt.

3. Call the police. An accident should be reported to the proper authorities. The report may not only be helpful later if you determine that you are injured or there is damage to your car but it may be helpful later if the other person tries to avoid responsibility for the accident.

4. If an insurance adjuster shows up at the scene, don't give any statements and don't sign anything.

5. If possible get the names, addresses and phone numbers of witnesses. Make a mental note of what witnesses say, like, "That black car was flying."

6. Visit your doctor as soon as you can. Even if you are not sure whether or not you are injured or anyone else in your vehicle is injured in the accident it is best to be examined by a doctor at the earliest possible time or to go to the nearest emergency room. If you are examined by a doctor, make sure that you are specific in explaining to the physician how the accident happened and any and all injuries and problems you sustained as a result.

7. Inform your insurance company of the collision. Make sure that you call your insurance company immediately to report the accident. Failing to report the accident immediately could in some instances result in the insurance company not covering you for the accident. You should contact the company immediately and if you are injured make sure that you ask the company to start paying your medical bills and open up a file to not only pay the property damage but all of your medicals.

8. Do not immediately pay citations and tickets. If you receive a traffic citation or ticket it does not mean that you are necessarily at fault, however, if you are anticipating bring a claim against the other driver and receive a ticket, it is best to get advice from an attorney prior to paying the ticket.

9. Cooperate with your insurance company’s investigation completely: Make sure you copy all documentation you receive regarding the accident for your records. Also, if you provide a statement under oath to any insurance company, even yours, make sure that you obtain a copy of it.

JOINT AND SEVERAL LIABILITY

I was recently asked by a client to explain joint and several liability in Georiga. Basically, it's a legal doctrine which apportions liability between two or more defendants. Currently, in Georgia, you can collect the entire judgment against one, or all, of the defendants.

For example, let's say you were injured in a car wreck, while a passenger in A's car, when it entered an intersection and was impacted by a car driven by B. Both A and B claim they entered the intersection on a green light, a lawsuit is filed, and liability is assessed 50/50 against both drivers. You obtain a verdict in the amount of $50,000.00. Under joint and several liability, you have the right to collect the entire amount from A or B, and they can then try to collect their share (in this case 50%) back from the other driver.

Joint and several liability is more favorable to the plaintiff, because it gives the plaintiff the option to collect from any defendant able to pay the judgment.

IS THE GEORGIA WORKERS COMPENSATION INSURANCE COMPANY HAVING ME FOLLOWED?

Sometimes the insurance company will hire a private investigator to follow you around. I would say that 90% of my clients do not know when they are being followed around by an investigator.

I had a client one time who, after taking his pain medicine took out his trash. The insurance company got a video of that and cut off his benefits claiming he was obviously better since he could take out his trash. After all they reasoned, he had a 20 lb lifting restriction and his trash must have weighed more than that.

First of all, they had no idea how much his trash weighed. They didn't go to his trash can, lift out the bag and weigh it. They took the video to his doctor and tried to get his doctor to release him to return to work with no restrictions. Fortunantly the doctor wouldn't fall for that ruise.

Just because someone has a good day, or feels better after taking their pain medication does not mean they are healed.

If the insurance company is having you followed, call a qualified Georgia Workers Compensation Lawyer

GOING BACK TO WORK

Sometimes I will receive a call saying I'm currently receiving a weekly income check from workers compensation because of my job injury. My doctor told me I can work on modified duty yesterday and miraculously the employer (or the insurance company adjuster) called me today and told me to show up for work tomorrow (some even have the nerve to incorrectly say, if you don't go back to work tomorrow, your benefits will be cut off).

There is a formal process put in place by the Georgia Legislature that the insurance company needs to follow before you go back to work. This procedure was put in place in order to protect you from unscrupulous employers and insurance companies and has certain safeguards built into it that protect you in case you try to go back to work and and can't do it. By forcing you back to the job without going through the correct formal process, you can seriously jeopardize your ability to continuing to receive all the benefits you are entitled to.

Do not risk making your injury worse by going back to work doing things that may end up hurting you even more.

If you have been receiving a weekly income check through workers compensation and your employer or the insurance company is trying to rush you back while you are still on restrictions, call a qualified Georgia Workers Compensation Lawyer to help you with you case.