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Ty Wilson Law Podcast
12 minutes | Apr 4, 2022
#218 - How to Hire An Attorney For Any Matter
We are back from a long hiatus. We wanted to start off this podcast with some general help for anyone who is hiring an attorney. We know hiring for an injury (what we do) is easy. However, what should you consider if you are hiring an attorney who practices in another area of law?Take listen, leave us comments and if you have any questions, please reach out to us via text or telephone call at 912-233-1100 or toll-free 866-937-5454. Stay safe, Ty.
10 minutes | Nov 8, 2021
#217 Georgia Workers' Compensation Lawyer - What you should NOT do when you are in a Deposition?
Hello. My name is Ty Wilson. And today we're talking about deposition preparation and some helpful information. And we're going to really cover today what you should not do if you're in a deposition. And we're going to start off by talking about answering the questions. You want to answer the questions that they ask, not the questions you think they want to know, the questions that they ask. And so what does that require? Well, that requires that you listen completely and attentively to the person who's asking the questions, which is going to be the opposing attorney. You want to listen, understand what they're saying. And if you don't understand, you want to ask. I'm sorry, I don't understand your question. Can you rephrase it? They will happily rephrase it. If they cannot rephrase it appropriately even your counsel may step in, as I've done in several cases. And so I think what they're asking you is to get clarification. The most important thing is that you understand what it is that you are asking under oath prior to the deposition, you're going to be sworn under oath. Everything you say will be the truth, the whole truth and nothing but the truth. And so that is something that is very important. It's very critical. And so you do not want to guess. You do not want to mislead. You do not want to lie, you want to be Truthful. And you want to get through the deposition as quickly as possible. Some other notes that we've made is, you don't want to talk endlessly. So when they ask you a question, you want to answer that question and answer that question only. You don't want to dance around it. If they say, Tell us where you live. “123 Main street, Nowheresville, Georgia. 3000. Not the address. It's a Ranch style house, all brick all around. I've got a little Creek that runs in the backyard. Our neighbors are really great in that neighborhood.” No, answer the question, the question only. If they ask you where you live. The better answer actually is Nowheresville. Georgia, what is your address? Make them ask you the specifics that they're looking for. If they don't, that's on them. That's not on you. Don't volunteer. You're there because you're required to be there. You're not there because that other attorney is your buddy. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
10 minutes | Nov 5, 2021
#216 Georgia Workers' Compensation Lawyer - What Can You Expect in a Workers' Comp Settlement Mediation?
So what can you expect at a workers compensation settlement mediation? Hello. My name is Ty Wilson. I'm a Georgia Workers compensation attorney. Our question is, what can I expect at my settlement mediation for workers compensation station? Well, hopefully you're going through this with an attorney. If not, you want to consider one. That attorney is going to help you maximize what recovery you could have in a settlement mediation. But it goes really before that, it goes into who are you treating with? Where is your care at? Have you used your one-time IME? Are you getting paid properly? These are things that the attorneys check and try to position the claim in the best light for you as the injured worker. But as to the settlement mediation itself, the goal at a settlement mediation is to settle your claim. If you have an attorney, they will go there with you, whether it's Zoom or in person. And then you will have the opposing attorney and you will have what is called a neutral mediator. There are different ways to do settlement mediations. There are private mediations where you have a private mediator, and then there is mediators provided by the Georgia State Board of Workers Compensation. Both of them are highly successful. And so that is not critical, whether it's private or whether it's through the board. The board encourages settlement as it helps reduce the case load and helps people move on their way and close claims. And so it's in everybody's best interest when you get to that point that the claim does settle. And so what is it that happens? Well, there's a couple of different ways that we've seen the mediators handle these. And I'm going to refer to in person, and then I'll back up and we'll cover Zoom mediations, which is obviously something that has developed ever since COVID. And so back prior to COVID, everyone would meet at the mediation office. Let's say at the state Board of Workers Compensation, everybody would meet in a conference room and it would be opposing counsel may be a representative from the employer. They're certainly able to show. And then your attorney yourself and the neutral mediator. We'd all get in the same room. Mediator would start and say a little bit about the mediation process and the fact that it's confidential and the fact that you cannot use any of this information to subpoena or pull somebody into a deposition for a hearing down the road. If the case does not settle on that particular day, it is like the mediation never occurred and you move on with your claim, same thing with the employer insurer. They move on with doing whatever it is that they're trying to do with the claim. So from that point on, your attorney will say some things on your behalf or you will if you don't have an attorney. And then the employer insurer attorney will say some things on the employer insurer's behalf and then the groups will separate. Typically, the mediator will go with the employer insurer, because typically, that's when they're seeking the initial offer from the employer insurer. If you're represented by my office, we send a demand ahead of time. So we started off the process with a number. They come back with a number and we're usually up here. They're usually down here and we go back and forth, back and forth, not necessarily in the middle. But we go back and that's the negotiation of the mediation. At some point in that mediation, you will come to a number where the opposing attorney will say, this is my limit of authority. This is all I have. Authority is a fancy word for money that the insurance company has allowed this attorney to try to settle this case with. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• <
7 minutes | Nov 3, 2021
#215 Georgia Workers' Compensation Lawyer - What Happens When You're Fired During Your Workers' Compensation Claim?
What if you're fired during the middle of your workers compensation claim? Hello. My name is Ty Wilson. I'm a Georgia worker's compensation attorney, and our question today is, what if you're fired during your workers’ compensation claim in Georgia? There are questions that I would have for you as far as how did the termination happen? Were you terminated because they could not accommodate you because of your injuries? And they told you just to go home. And they just said, you know what? This isn't going to work out. We have a construction job. We need you 100%. You hurt your back, we cannot have you back. So we're just going to part ways and they terminate you. Well, if that's how it happened. Good news. You should still get income benefits as long as you're not full duty, meaning weekly checks and still get medical care as it relates to your claim. And so that type of termination will not have a devastating effect on you. Obviously, if you can't go back to the work physically that you were able to do, then you're going to need to look for work at some point once you're physically able to do so down the road. Now, how does that situation change and make it unfavorable to you? Well, if you go back to work, they return you back to work. And we had one individual who was set up by several guys. They started messing with him, calling him names, pushing his buttons, and he lost it, and Lo and behold, right as he lost it. Someone managed to video him getting upset, making outrageous statements. Some included threats, just very angry at the situation. Provoked but nobody showed the provocation or the guys were provoking. But it was five of them. And basically what they single handedly did is they got him terminated for reasons completely unrelated to his work injury. So what does that do? Well, that gives the employer and the insurance company the opportunity to stop the weekly income benefits. And that can be devastating to your claim. You still arguably have medical care as it relates to your claim. And so your claim would be deemed a medical only claim moving forward. But without those income benefits, that can be detrimental, especially if you are physically unable to work or in a very light duty capacity where it will be very difficult to obtain work readily available. And so that is the distinction. The distinction really is based upon where you terminated for your work injury or because of your work injury. Were you terminated for reasons unrelated to your work injury. And so if you return back to work, you really want to talk to a Georgia workers compensation attorney. If you have one, you talk to your attorney. If you don't have an attorney, you want to reach out, we give free consultations all the time. And a lot of the callers that we speak with, we do not represent and never will it just depends on where their case is. A lot of people are just calling to try to get information, and that's one of the reasons we have attempted to address this in this video. So it's critical that you understand the facts that relate to your claim because everybody's claim is different. We all work in different places. We all have different managers. We all have different personalities, and some of those personalities can be difficult. Adjuster can be difficult. Sometimes, adjuster can be great sometimes, but then the boss can be difficult. The boss can be great. The adjuster can be great. You have issues with the doctor. So there's a lot of different moving parts with these work injury claims. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
6 minutes | Nov 1, 2021
#214 Georgia Workers' Compensation Lawyer - What Happens to Your Work Injury When You Don't Get Better?
So what happens with your work injury if you don't get better? Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney, practicing law in the state of Georgia. And our topic for today is what happens if you don't get better. We have several claims where workers were working very physical, heavy construction like jobs, got injured and cannot return back to that form of work. And that is quite a difficult thing for someone, especially if they've worked in a specialized field for an extended period of time. A lot of times. The first questions or responses we hear is who's going to hire somebody in their 50s who's been doing such and such for 30 years? And now I can't come back to that line of work. And that is actually a very good question. Regardless, the workers compensation system will not continue to pay you forever. And so there are things that you should consider doing that would be in your best interest. But it does get you out of the workers compensation system. Most of my clients are very happy to get out of the workers compensation system as they're very perturbed of being controlled. They receive their check one week on a Saturday, next week, it comes maybe the next Wednesday. And now it's like a week and a half. And there's a lot of sportsmanship with these checks. And of course, the insurance company says, Well, it's the postal service. Well, we've just received notice that the postal service will be delivering slower. So the question is, are we in for a lot more of that? Well, those are questions and answers to be determined at another time. But the reality is the doctors can only do so much. And once they get to where they don't believe they can help you, they're going to say, I'm sorry, you're as good as you're going to get. I believe you're at maximum medical improvement. Now, saying that does not mean that is the end of your care. It certainly implies that that is the end of your care. However, a lot of it depends upon the doctor, who is the doctor treating you? And is there someone who may be a better fit for your type of injury? A specialist in a different area depending upon the body part injured. However, if you have several doctors who have said, MMI. You're looking at a situation where then, yes, they are saying you have benefited as much as you're going to benefit through medicine. They don't believe there's anything medically speaking that they can do to improve your condition. And so you are at maximum medical improvement. And that just means that they don't think there's anything else they can do. They may keep you comfortable. They may send you to pain management, which will basically mask the pain and prevent you from feeling the discomfort that you feel. But it's not so much to get better and get back to work. And so once you're at that point where you're medically not improving, and there's nothing that the doctor can see that he thinks he can improve your condition. The question is, is there another doctor? If not, it may be the time to think about closing out your case and settling. If you're getting checks, they're once again not going to pay you forever. First of all, claim is typically 400 weeks. Unless there's a light duty restriction in what's called a WC 104 file, they can knock it down to 350 weeks. They can also knock down how much you're being paid if you're at the maximum rate after one year through what's called a change of condition, or WC 104. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
6 minutes | Oct 29, 2021
#213 Georgia Workers' Compensation Lawyer - Preparing for a Deposition in Your Work Injury?
Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney. And today what we're going to do is we're going to prepare you. We're going to give you a short version of preparing you for your deposition in a work injury claim. And so what that means is this is designed to give you something to look at right before you go into the deposition. You don't have a lot of time. You just need to know, really the essence of what you need to do and what you don't need to do. And so we will make longer videos with longer content on the times when you do have extra time to prepare for your depo. So let's start off with answering the question before you can answer the question, you want to listen until they have completely asked the question. You do not want to cut them off. You do not want to stop them. You do not want to assume you know where they're going with that question. What you want to do is you want to listen, and as soon as you hear them, stop the question. You want to count in your mind 1000 and 1002. Give them a second in that 2 seconds or 3 seconds or as long as you want it to be. That is your opportunity to develop your answer and respond. You want to respond yes or no when you can. But there will be questions that you are required to provide more of a long form answer, such as “explain how you got hurt”. Well, you can't say yes, obviously. And so you want to keep your responses as short and succinct as possible. The more you talk, the more doors you're going to open up, which will bring more questions from the opposing attorney. They're waiting there. They're listening. And if you go down a rabbit hole, they may take you down a rabbit hole may not mean anything, maybe a waste of time. It may be something that is very detrimental to your claim. And so it is best to keep things short, succinct respond to the question and the question only do not volunteer information. So I give three guidelines whenever you're going into a deposition. If they ask you a question that you do not understand, if you don't understand, you must have the wherewithal to let them know that you don't understand. The more important part is that you're not guessing at what it is that that attorney wants to know. You need to know for sure. You need to be very comfortable. That's what they're asking of you and then respond accordingly. Number two, if they ask you something that you don't remember, you can tell them you don't remember. However, if you don't remember at your deposition, they are locking down your testimony. So that what you say in your deposit is what they're going to hold you to if there is a hearing. And so you can't remember something new if there is a hearing. So what if there's something that you know the answer is written back at your house? It's on a piece of paper. It's somewhere else. You can find it, but you don't know it now. What you can do is you can respond accordingly. I know I have that information at my house. I don't remember the specifics. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
5 minutes | Oct 20, 2021
#212 Georgia Workers' Compensation Lawyer - Will You Win Your Georgia Workers' Compensation Claim?
Will you win your Georgia workers compensation case? Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney practicing law in the state of Georgia. And the question we get a lot is “If I decide to go to a hearing while I win?” Well, we cannot tell you yes or no. Everything that matters when you're dealing with a Georgia workers compensation claim is what is called “evidence”. An evidence is what you have that you can prove. We all know that there are certain things that happen, but if you can't prove them in a court of law, it's like they didn't happen. And so evidence is what you must base your case on. And in reality, anybody who says yes, you can win. Well, if you've got a Slam dunk, yes, you can win case, you really shouldn't be out of hearing. Okay. There are times when the other side, employer insurer may not know details for some reason, but I think for the most part, once all the evidence is laid out, they're pretty realistic in their expectations and will not drag something into litigation, typically speaking without a reason. And so if there's something they are continuing to fight, there's probably some evidence or maybe some surveillance or video footage of you doing something you shouldn't have been doing or something along those lines. And so it's important to find that out into what is called discovery. But will you win your case? That's a complicated question. There is no guarantee that you will win everything you're seeking in a workers compensation claim. And so for any attorney to tell you otherwise, I think is somewhat reckless. The only way you find out if you win is by going through the process. And I'll say this a lot of times. What is considered a win is also a question Mark. In workers comp you're seeking medical benefits as it relates to your work injury and income benefits, if you've been taken out of work for more than seven days or on light duty or out of work completely for more than seven days. If you're on light duty, the employer cannot accommodate your restrictions. Okay. Will you win all of that? Well, the question is, what evidence do you have? Do you have work status reports that show that you're out of work or that you're on light duty? Do you have a name of someone at the employer's office that says, hey, just stay home. We can't accommodate your duty restrictions right now. We need somebody who can do work. That does happen doesn't always happen in writing. And so the more evidence you have in support of your contentions, the better chance you have of winning. But as far as Slam dunks, well, those are far and few between they are out there. But once again, if something is a Slam dunk, it doesn't need to be on a hearing calendar. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
7 minutes | Oct 18, 2021
#211 Georgia Workers' Compensation Lawyer - What is Your Workers' Compensation Claim Worth?
So what is your workers compensation claim worth? Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney practicing law in the state of Georgia. And so we're going to be talking about Georgia workers compensation claims today. Well, in Georgia workers compensation claim, we have a lot of injured workers who are upset and they're in a great deal of pain, or they've gone through some painful procedures, such as surgeries and so forth. And they usually have a figure that they want in their head when they're talking about settlement. And they want to know how much will my claim settle for? And the reality is we are pretty good at talking about a range of settlement values. However, in determining the value of a settlement, there's three things that they look at. We look at the weekly checks. Are you receiving weekly checks? Well, how many weeks in the future are you going to continue receiving those weekly checks? If you know that and you are guaranteed that amount? Well, we can guarantee at least that time frame that you are going to receive those checks. Now, is there anything that can happen that would shake that up or change that? Well, of course there is. If you're in your car driving to a doctor's appointment and get in a motor vehicle collision, which aggravates and or interrupts your injury that may cut up the exposure for the workers compensation insurance company. And now you may have an auto insurance claim. Not that you want that. But I'm saying there are things in life that can change. So there is no guarantee that you're going to get paid that many weeks in advance. And so that's what inherently makes it hard to get a cold specific number. There are ranges of values, and as attorneys, we get familiar with them, as we have handled many cases through the years. If you have a worker's compensation attorney on your claim. And so one of the big things is how much are you getting paid per week? Is it a low comp rate? Are you making 200 a week or is it a higher comp rate and you have the Max rate, 675 per week? Well, that has a big determination on the future value of the claim. In addition to that is future medical; How many future medical appointments will you have with orthopedic will you need another surgery? Will you need to go under injections or have injections? We need to have more expensive diagnostic testing, such as MRIs, EMG, nerve conduction studies, milligrams, etc. Or are you pretty much done with your care if you're done with your care, well, then there's not a lot of expected future medical care, and that will affect the value of your claim. And so we talked about the weekly checks. We talked about the income benefits. The last thing is permanent impairment. A lot of people say, oh, permanent impairment. This is where I'm going to get the pain and suffering. It is not to be confused with pain and suffering at all. It's a number that can be calculated to the Penny, so long as you know three things. One, what is the weekly check amount? Two, what body part is injured and what weeks are associated with that body part that can be determined rather easily? Three, what is the impairment rating? Impairment rating is something that the doctor will give you based upon your conditions. And based upon what is called the AMA guidelines. And so they determine what percentage of impairment for a particular body part based upon your functionality. If you know those three numbers, then yes, without a doubt, you can calculate that to the Penny. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
6 minutes | Oct 15, 2021
#210 Georgia Workers' Compensation Lawyer - Is The Employer Required to Find Me Work If I Can Not Return To My Job?
Is the insurance company required to take care of me if I’m injured on the job? Hello. My name is Ty Wilson. I'm a Georgia Workers Compensation attorney practicing law in the state of Georgia. And our video topic is just that, “Is the insurance company required to take care of me if I'm hurt on the job?” Well, the short answer is there would be maybe. First of all, are you an employee? Second of all, does your employer have three or more workers full time? Third, do they have workers compensation insurance coverage? Some guys don't. And if they don't, it's much more difficult to deal with an employer directly when they're not covered under the Georgia Workers Compensation Act. And so there are a couple of what we call preliminary or questions early on questions you need to get answered. If you're an employee and your employer has three or more employees and has workers compensation insurance and you're injured, what is called in the course and scope of your employment, meaning you're doing the job you're supposed to be doing for your employer, then more likely than not, yes, you have a work injury. However, we like to just say if you were hired to do something and you were doing that job, chances are that is a work injury. Reach out to a Georgia Worker’s Compensation attorney. Get confident that you do have a work injury. Now, the insurance part that's going to be separate. But that also helps in moving the case along. What happens when you first get hurt? Well, you need to speak with your employer. You need to say, “hey, I've been injured on the job. I need medical care.” Need to let them know immediately. We have a lot of people that give us a call and they say, “oh, I was hurt on the job, and this is horrible. And they're not getting me medical care.” I said, “Well, did you ask them for medical care?” “No, but they know I was hurt.” Take out the guesswork. They may know you're hurt, but you need to tell them directly. “I need medical care. I was hurt on the job. I need help with medical care.” They should provide you a list of doctors. It's called a posted Panama physician. And so if you're in this position and you're getting nowhere with your employer, you do need to call Georgia Workers Compensation attorney. If you're getting medical care, the question is, is quality medical care? Some medical care is better than others. Some medical care. You only need to go to an urgent care clinic and you're in and out. You're done well, you don't need an attorney if that's the case. However, if you've got a more serious injury, whether it's a back injury or an extremity injury, whether it be a shoulder, knee, hip or an ankle, and you're having greater problems and the urgent care doesn't seem to be doing anything for you. You should reach out to a Georgia worker's compensation attorney. Try to get the information and guidance that you need to move forward. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
8 minutes | Oct 13, 2021
#209 Georgia Workers' Compensation Lawyer - How Much Does a Workers' Compensation Lawyer Charge For A Workers' Comp Claim?
So here's a question we get all the time. How much is a worker's compensation lawyer going to take from my settlement? Hello. My name is Ty Wilson, Georgia Workers’ Compensation attorney practicing law in the state of Georgia. And our question today is, “How much do the attorneys get paid? Who helps represent the injured worker?” Well, the short answer is it is what is called a “contingency fee contract”. And what that means is you do not pay any money up front. The attorney will obviously want to make sure that you have a valid claim that they're trying to pursue for you, because if the attorney is not successful, the attorney gets absolutely nothing. And so it's important that they think that your claim qualifies as something worth pursuing. And if so, they'll ask you to sign a contract. Well, the contract says if there's a recovery, the attorney is entitled to 25%. If the attorney has to fight to get your checks cut on. And when I say fight, I don't mean to send a letter. I mean, if the attorney has to file a hearing, has to sit in a deposition, has to compose and draft discovery request to go to the insurance company and the employer and has to answer discovery requests that come from the insurance company and the employer, then have a hearing on the matter and get a decision in order to get your income benefits cut on or press them enough that they can get in assent order to get your benefits cut on, they would be entitled to 25 % of your weekly income benefit. That's not something that happens a lot, but that is a possibility. And that's something you should know about. Now, in addition to the fees, there could be expenses. What expenses? Right. Well, postage. There's a lot of stuff that goes out in the certified mail to make sure people have received it, especially notice of the letter of representation and so forth. Mail to you, the client notice of mediation, notice of depositions, request for medical records. Those cost money as well. Those would all be expenses that would be separate from the attorney fees. And so in our agreement, we will provide and everybody should an itemization of every expense that has been expensed on the file and that we're seeking reimbursement for. And the board requires it as long as it's over $150 by those are the cost and expenses. So the fees (25%) and then any cost that's associated with that. And so hopefully that will answer your question as far as what the attorneys would receive if there is a resolution on a case, and if there is a resolution in the case, there will be paperwork that breaks down exactly what those amounts are to you and to your attorney. You want to calculate it, just double check it, then take a few seconds to do that. And then whenever the resolution ends the case, there will be two checks. One to you the claimant and then one to the Attorney's office. And usually they're both sent to the attorney to the attorney to monitor the days and make sure that there's no late penalties that need to be applied to it. And so that is how it usually unfolds. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
8 minutes | Oct 8, 2021
#208 Georgia Workers' Compensation Lawyer - Do You Need A Lawyer For Your Workers' Compensation Claim?
Do you really need a lawyer for your workers compensation claim? Hello. My name is Ty Wilson. I'm a George workers compensation lawyer practicing law in the state of Georgia. And the short answer is, it depends completely upon your injury. If you have a very minor injury, you really don't need an attorney. You need to get the care you need and you need to get back to work. You're going to make more money staying at work and remaining gainfully employed and dealing with the minor injury and letting the employer and the insurance company pay for the injuries if they're mild. So if you have a serious injury where you need surgery or may need surgery, the bigger question is, are you going to be able to physically return back to work? And if that's a question Mark, you likely do need an attorney to help you. And the reason for it is not necessarily what you see, but what is going on in the background. These insurance companies spend a lot of money on nurse case managers, and these nurse case managers are reaching out to the doctor. When you're not around, they're supposed to provide you notice. None of them ever do. They're supposed to notify you. Ten days before they're going to meet with the doctor and invite you as the patient to be there. They never do. So what are they doing? They're working on the doctor releasing you back to work. That doesn't sound like a bad thing. And in fact, that's how they pitch it to the doctor. Hey, Doc, do you think they can get back to work? Maybe light duty, maybe something sitting at a desk, even if that's not your job. And so where that comes into play is the employer. If you don't work at a desk job and they make a desk job for you, really, what they're doing is they're stopping the checks for the insurance company and making sure that the employer takes back the employee. But if they created a job, well, the question is, do you think they're going to keep that job that they just created to get you back to work forever? It depends on what you're doing. If they've created a new position, there's a chance. But I don't think that the chances are that great. And so you have to look at the whole picture when you're injured on the job. If you know other people who have been injured on the job, did they return if they did? Well, maybe they had a minor injury, or maybe the employer brought them back to work. Maybe they hired an attorney. Maybe they didn't. Sometimes when you hire an attorney, the employer will take a more aggressive stance towards you. The insurance company will always take the aggressive stance. You are threatening their bottom line, which is money in their account. That's how a fictional insurance company exists, taking in premiums and paying out as little as possible. The workers compensation laws are supposed to be there to protect the employee. If you've been injured and you've suffered a work injury, you realize rather quickly the laws appear to really be protecting the employer. However, there are ways to meander through the system, and the reality is there is a sort of balance with the system. And so if you're lost and you're meandering through a system in which you might need a surgery or you need care, you're not getting the care you need. The answer is yes. At that point, you do need an attorney. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
5 minutes | Oct 6, 2021
#207 Georgia Workers' Compensation Lawyer - What Should You Expect With the Expungement Process in Georgia?
So what should you expect in expungement in Georgia? Hello, my name is Ty Wilson. I’m a Georgia Criminal Defense Lawyer practicing Law in the State of Georgia. And our topic today is, “What should you expect on an expungement manner in the State of Georgia? And honestly the term expungement is no longer used in the state of Georgia. Now it is called “Record Restriction”. And so, there’s 2 different things you wanna deal with. You wanna deal with record restriction and sealing the record. And those will secure different access information from different people including the court clerk. And so when you’re seeking a record restriction and sealing of your past records, there are certain requirements. You need to speak with an Attorney who handles these types of matters so they can tell you if your charge is qualified. If you have had any other record restriction you are only limited to a certain amount. And so, there’s a lot of rules and regulations, a lot of details which are far beyond the scope of this video itself. But some of the general guidelines, what you can expect is typically our experience is been you can expect. The District Attorney office do not consent and or agree to you having your records restricted and in fact they will stand in the way of you getting your records restricted. So you have to petition the court typically for a hearing, and you have to have a hearing in front of a judge. And the district Attorney office is going to argue their case is, why you should not get your records restricted. And you’re going to need to argue your case why you should get your records restricted. An example would be, your right to privacy outweighs the publics’ information or the ability for the public to only take a look at the information on your rest. Now, there are many, many requirements in order for you to even be able to follow for records restriction. And along that depends on were the courts, were the charges were 2013 or not. Because of that, that’s when there was a big change and all the court’s started doing the record restrictions automatically. However, before that you have to be a little more protective. Now, just because they may have restricted your records, does not mean that they sealed them. And the sealing is the second part of it, and it’s also something that you want to get. Make sure you get done because there are certain places such as jails and or other avenues where employers can seek to obtain if you’ve ever even been arrested. And so, when they ask you in your application, they’re double checking. They’re making sure, they wanna know what they are dealing with someone who is honest. If you say NO, and you have and you forgot about something, the chances are you're not going to get that job. So that’s how that could potentially affect you. Anyway if you have more questions about expungement and or what we call like I said in Georgia now, records restrictions and sealing of your past charges, please feel free to give us a call. We hope this information has been helpful and we’ll see you on the next video. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
3 minutes | Oct 4, 2021
#206 Georgia Workers' Compensation Lawyer - Can I Get A Lump Sum Settlement for My Workers' Comp Claim and Return Back to Work?
Can I get a lump sum settlement in my workers’ compensation claim and then return back to work? Hello, my name is Ty Wilson. I’m a Georgia workers compensation Attorney practicing Law in the State of Georgia. And our topic for today is, “Can I settle my workers’ compensation claim for a lump sum settlement and then return back to work?”. And the short answer on that is,YES. However, if you are settling a worker’s compensation claim with an employer, there is a very likelihood that as a condition of the settlement, you will need sign some other documents. You will need to sign the settlement for the lump sum, what is called “stipulation and settlement agreement” for Georgia state board of Worker’s Comp. And in addition to that, they usually require or request that you sign a voluntary resignation and a release. Let’s talk about the voluntary resignation. If you are planning on returning back to your same employer, then the likelihood of getting a lump sum settlement and then returning back to that same position and same work, would be slubbed. If however, you have another job lined up and you’re looking to get the lump sum settlement and then start this other new job, then that is something that could, you could possibly do. And so if you have specific questions, it’s always recommended to always reach out to a Georgia Workers Compensation Attorney. Speak to them about the specifics of your particular claim. We hope that this information has been helpful and we’ll see you on the next video. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
4 minutes | Oct 1, 2021
#205 Georgia Workers' Compensation Lawyer - Injured On The Job Did NOT Report It, Now I am in Pain, What Can I Do?
“I was injured on the job and I didn't report it, I didn't think it was serious. Now I'm really hurt. What can I do?” Hello. My name is Ty Wilson. I'm a Georgia Workers’ Compensation attorney practicing law in the state of Georgia. And this is a question we get a lot. The short answer is you need to report the injury as soon as possible. The chances are the employer is going to treat you like something is up like something is crazy. They could potentially terminate you. The reality is this, when you're injured on the job, you need to report that injury immediately to a supervisor or as quickly as possible. If you don't, you will be barred, meaning you cannot bring a claim after so much time. And so if you haven't provided notice to the employer of your injury and that you need medical care within 30 days, I can assure you that the employer and the insurance company will deny the claim, and force you to file a hearing. And the question is always going to be, when did you tell us? And why did you wait so long? And we hear a lot of things like, well, I didn't want to lose my job. Well, if you're hurt to the point where it's becoming serious now, you're not going to be able to work a job you don't want to lose. And that doesn't really make a lot of sense. And so if it's a minor injury, you let it go, you're going to end up having to pay out of pocket. How do you know? Well, you don't. And that's the trick. If you don't know if it's serious or not, you need to report the injury. You need to seek the medical care. And if you feel like you've got questions, you need to reach out to a Georgia workers compensation attorney, someone that you can find that you trust and someone that you have as a sounding board. Am I doing this right? You're going to feel like you're blind running through the Woods, hoping you're not hitting a tree. And so that's the benefit of getting a Georgia worker's compensation attorney involved in your claim. They can help walk you through the minefield. If it's a minor injury, get the treatment, get back to work. And don't worry about any type of settlement or resolution. The reality is any type of settlement or resolution in a workers compensation claim is not going to set you for life. They may buy you some time. It may give you some money for rainy days, but it will not set you for life. And if you're gauging your decisions based upon, well, how will this affect my workers compensation claim? That's really not the right way. What you need to do is, you need to figure out what is the best way I can get back on my feet and get back to work and start making money for myself and my family. The workers compensation claim may or may not come into play with that, but it's not going to set you for life. Hope this information has been helpful and we'll see you on the next video. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
4 minutes | Sep 29, 2021
#204 Georgia Workers' Compensation Lawyer - Do You Have To Use Your Sick Leave For My Georgia Workers' Compensation Injury?
I was hurt on the job, and my employer is saying that I need to use up my sick leave before they'll kick in workers’ comp. Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney practicing Law in the state of Georgia, and a question for today is Do I have to use my sick leave instead of going on workers Comp? And the short answer is no, you don't have to, but it may be beneficial for you, too. And let me explain why. So if you're injured on the job and you're unable to return back to work, at least for a short period of time at that point in time, the first seven days workers’ Comp does not have to pay you anything. After 21 days of being out of work consecutively, they are required to pay you for that first seven. So the first seven days, so they'll catch up over the course of 28 days, and then they'll pay you weekly weekly income benefits. Now, those weekly income benefits, though, are calculated at a discounted rate. And what I mean by that is they take your average weekly wage and then they pay you 67% of it. Now they don't take taxes out. However, it's still going to be two thirds of your average weekly wage, and it's capped currently under Georgia law to cap at 675 per week. That changes from time to time and is changing rather often lately. So you may want to check after you see this video and see if in fact it has changed again. But currently, 675 is the maximum that someone is receiving in Georgia for a work injury under the workers compensation system. Once again, if you use your sick leave, likely that will be just like you had a paycheck. Now you will be using up your sick leave. That's the downside of it. But the upside of it is you will make your full paycheck versus the reduced amount from workers comp. If you're seriously injured, you may not be returning back. You may want to use that sick leave and maximize the amount of money that you can receive. Once you use up your sick leave, then you can kick into workers compensation and get the reduced rate at least at that point in time. You can try to do some more planning as if you're seriously injured, you're probably going to be out for a considerable amount of time. Certainly it depends on how much sick leave you have and so forth, but you want to use it strategically if you can. And so if you use up your sick leave, then workers compensation should kick in. And from that point on, you'll continue to receive those income benefits as long as you're out of work completely or on light duty restrictions and the employer cannot accommodate your restrictions. I hope this information has been helpful and we'll see you on the next video. Thank you. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
7 minutes | Sep 27, 2021
#203 Georgia Workers' Compensation Lawyer - 3 Things You Need to Know About Surveillance In Your Georgia Workers' Compensation Claim
So what are three things you need to know about surveillance? Hello. My name is Ty Wilson, Georgia workers compensation attorney practicing law in the state of Georgia. And what we're talking about today is surveillance or the insurance company hiring an investigator to follow you if you've been injured on the job. And we're talking from the state of Georgia perspective. We see this from time to time, and I guess the most important thing now is that: One. In all cases, they're not necessarily just going to hire investigator can be very expensive. And so if they're not paying you income benefits and especially if they're not paying you income benefits or medical benefits, and they denied your claim entirely, there's a pretty good chance they're not going to waste their money hiring an investigator to follow you unless you're claiming some pretty outlandish stuff. However, if you are receiving medical benefits, well, there's a possibility that they'll hire an investigator. It just depends upon how serious the injury is in the nature of the injury. If you're receiving income benefits, I would say you're always a target to be followed by an investigator. They have to hire a private investigator and they'll follow you. And usually the times when they're looking for you and following you is when you're out in public. But keep in mind that workers compensation claim. There are certain things are situations where the insurance company knows where you will be, such as if you're in litigation on your workers compensation claim, then they're going to know that you've got to go to that deposition. They'll have an investigator waiting for you outside your Attorney's office, just waiting for you to hop into your car and follow you from there. If you have medical appointments and remember, the insurance company has to approve and authorize all medical appointments. Another time would be if you have a hearing. Well, certainly they know you're going to be there at the hearing and you're going to leave the hearing at some point. And at that point, they can follow you as well. What are they trying to do when they follow you? Are they trying to intimidate you? Well, not necessarily. What they're hoping you'll do is they're hoping that you'll do something that the doctor says you shouldn't be doing or you can't do. And they're hoping to catch you doing those things, whether it's limited walking, driving, no lifting more than 15 lbs. I want to catch you at the Home Depot lifting a 50 pound bag of something. That's what they want to catch you doing, because what they do and how they use these videos and the investigative reports is they will go to your authorized treating physician or your main doctor and your workers compensation claim, and they'll say, hey, Doc, we know that you said this person couldn't return to work. But we wanted to show you this video and see if you still believe they can't do these different things. And a lot of times the doctor will feel insulted, let down like you lied to them about how you were hurt and they become resentful. And obviously you're not there to explain the situation. They do this all behind the scenes, and they're allowed to, unfortunately, and the doctor will release you then full duty, not even seeing you. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
4 minutes | Sep 24, 2021
#202 Georgia Workers' Compensation Lawyer - Is My Employer Required to Hold My Job?
Is the employer required to hold my job if I'm injured on the job? Hello. My name is Ty Wilson. I'm a Georgia Workers compensation attorney. And our question for today is, “Is my employer required to hold my job if I'm entered? And the short answer is No. There are some programs that can come into place that can help protect you, but it's not every employer that has to fall under them. And so what I'm talking about is, there is something called the Family Medical Leave Act (FMLA ). And what is that? Well, that's a federal program but doesn't qualify that all employers are under FMLA. And so I believe the current threshold is there must be 50 or more employees for the employer to fall under the FMLA requirements. So there's less than 50 employees. The employer does not have to give you FMLA time. And something that's important with the FMLA is it's not a guarantee of any benefits other than protecting your job for up to twelve weeks. And if you've used part of your FMLA, this is twelve weeks over the course of the year. And so that's some things that you need to know about and be prepared for. If you're injured and you're going to need to be out of work for an extended period of time, FMLA may be something you want to think about in order to keep your job available. But after those twelve weeks, if you fall under the FMLA umbrella, they do not have to keep your job open and can terminate it. If you do not fall under the FMLA or Family Medical Leave Act umbrella, they do not have to keep your job. They can terminate you. They choose to terminate you, though, and you're on light duty or you're out of work completely. The Workers Compensation Insurance company should be issuing you something called income benefits. We'll do another video on covering income benefits and how much and how often and so forth. But the long and short of it is if you are taken out of work completely or you're on light duty and your employer cannot accommodate your life duty restrictions and your employer terminates you. Well, they should be issuing you income benefits, If however, you are full duty, the employer is not required to pay you any income benefits, or the insurance company is not required to pay you any insurance income benefits, and the employer is not required to keep you employed. You could have what is called a medical only where you're only receiving medical care. And if you're full duty, that employer can terminate you and it will continue to be a medical only claim. And so we hope that this information has been helpful. And we'll see you on the next video. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
3 minutes | Sep 22, 2021
#201 Georgia Workers' Compensation Lawyer - Is The Employer Required to Find Me Work If I Can Not Return To My Job?
So if I'm hurt on the job and I'm not able to return back to work in that position, is the employer required to find me another position within that company? Hello. My name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our question for today is really; “Is the employer required to find me a position to work in if I can't work in the job that they had originally hired me for?” And so the short answer, it's very short answer is “No”. They are not required to find you work now, that doesn't mean they won't create a light duty job to get you off of the income benefits from the insurance company. However, they don't have to. They have a choice in the matter. And so if they want to bring you back, then they likely will bring you back. And if they want to make that light duty position a full time job, well, certainly they can do that. But that's going to be up to the employer. And a lot of it's going to depend upon what you're doing for the employer. And is it beneficial to the employer or is it a full time job or is it a part time job and what heavy. And so they're not required to do that, but they can. And so that's going to be on an employer b y employer basis. I hope this information is helpful. And we'll see you in the next video. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
11 minutes | Sep 21, 2021
#200 Georgia Workers' Compensation Lawyer - Basics of Workers' Compensation - Income Benefits
Hello. We're here for the basics of Georgia workers compensation. And today we're going to talk about income benefits. Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney practicing in the state of Georgia. And our discussion for today is a general explanation of income benefits and how they work under Georgia workers compensation law. And so we discussed in a prior video, medical care. Obviously, when you get injured on the job, the most important thing you can do is notify your supervisor, and or your boss that: one, you've been injured, and two, you need medical care for your injuries. Depending upon if your employer has what is called a posted panel of physicians, they may be able to control who you get to see for your medical care. We discussed that in our prior video. Well, now we're looking at a situation where you've either been taken out of work completely for more than seven days or you've been released to light duty, and your employer cannot accommodate your light duty restrictions. So Let's say, for example, that you're injured on the job. You're working construction, you hurt your back and you're on light duty, sedentary duty. The doctor says you can only do sitting down work. And your job is typically at a construction site. Well, your employer may say, Hey, I don't have any of that type of work. You just go on home. And if they do, it's going to be important that after seven days, there's a discussion with the adjuster on are the income benefits starting or where we at on that. You should be entitled to that, so long as you're an employee and you meet all the other things that we discussed in our prior video And so what does that mean? Well, typically in Georgia, you're paid weekly, and so you're given a weekly check. So how do they calculate that? Well, they take from when you're injured and they look back before your injury 13 weeks. And does it not matter if that was the slowest time of the year or hopefully, that was a great time of year for you, depending if your wages are consistent, it's very easy to calculate. You take your average weekly wage over those 13 weeks, your average amount, and that becomes your average weekly wage.Then you take two thirds or 67% of that number. And that is what is called your comp rate. Now, if that number turns out to be above 675 dollars per week, currently, that is the Max. Those numbers are always changing. We're talking this is the middle of June 2,021. And so currently the Max rate is 675. That is subject to change and increase down the road. So if this video is older as you're watching it, you want to reach out to Georgia worker's compensation attorney or reach out to the Georgia State Board of Workers Compensation and just ask, what is the maximum rate of income benefits today? Also, once that number is determined, that kind of follows you around, and that is what is called your temporary. If you're receiving income benefits and you're out of work completely, it's called temporary total disability, meaning you're totally disabled temporarily. And so you'll be getting those checks so long as either you're out of work completely per your doctor or you get released to light duty and your employer cannot accommodate your light duty restrictions. Keep in mind, as you're receiving this medical care, it is anticipated that you're going to improve in your condition. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
11 minutes | Sep 16, 2021
#199 Georgia Workers' Compensation Lawyer - Basics of Workers' Compensation - Medical Care
Hello. This video is about your guide to the basics of workers compensation. Today we're focusing on medical care. Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney, practicing law in the state of Georgia. And so Let's get into medical care. In order to obtain medical care for a work injury claim, you must be an employee, meaning you're not an independent contractor. Now, there are several questions as to what determines if someone is an employee and or an independent contractor. And that's something that we'd recommend you contact, reach out... contact Georgia worker's compensation attorney. However, typically speaking, an employee is someone who has taxes taken out of their checks, and they are able to be controlled as far as their schedule or as they say, their time, method, manner and means. And so what does that mean? What means an employer can say, Hey, I need you here at eight o'clock and I need you to show up at eight o'clock and you'll be leaving at five. We'll get an hour lunch, you'll get a couple of breaks, etc. And when you get here, I'll tell you what to do. And then they start laying out a schedule for you. And that is typically what an employee is versus an independent contractor is typically someone where they say, I need you to do a job for me. We'll pay you for the job. We're not going to pay you hourly. You bring your own tools and show up whenever you can. We'll have that job for you, and we'll be ready sometime around next Wednesday. Something along those lines. So it's a little bit different.But this video is not meant to determine the difference between an employee and independent contract. We can do a later video on that. The important thing is if you are injured on the job and you are an employee, that is where you would qualify for workers compensation medical benefits. Now, there are some other things that you need to be aware of. As I said, first of all, you should be an employee. Second of all, you need to be physically injured, meaning a mental injury only will not apply in Georgia workers compensation. Also, you must be injured….Your injury must occur arising out of and in the course and scope of your employment. And those are two separate things. So a rising out of is a connection between your work as an employee and the injury that you received. And so there has to be some sort of connection so that's the arising out of the course and scope of well, that's where the employee is helping the employers business goals. So you must have both in the course and scope of employment. So rising out of and in the course and scope of employment. We typically say that means you were doing the job that you were hired to be doing to help your employer out. There must be a connection between, as I said, your work and the entry that you sustained. CALL US ► 912-208-2992TEXT US ► 912-233-1100EMAIL US ► Ty@TyWilsonLaw.com • Website• Facebook• Pinterest
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