Disability Law

The Workers' Compensation Insurance Company Will Not Even Pay The "Company Doctor" For My Medical Care After I Hurt at Work. What should I do?

By Jack E. Clay

Question: Why won't the workers comp insurance company or my job pay for my doctor and medical treatment when I got hurt at work? What you can you do?

I was asked this very question this week. The answer is simple. In Georgia, if an employer/insurer controverts or denies your workers' compensation claim, they have no obligation to pay for any medical treatment if and until you either (a) come to an agreement whereby your case is deemed compensable and/or a doctor is agreed-upon to treat you;; (b) your employer and insurance company voluntarily "pick-up" your claim and offer you medical treatment; or (c) I take your case to court before an Administrative Law Judge of the State Board of Workers' Compensation and win.

One legal method that I employ that I do not see used very often is to request that the judge appoint a certain doctor for a one time evaluation at the expense of the employer and insurance company. This is done under O.C.G.A. 34-9-101. I am surprised at how many lawyers representing injured workers do not know about this Section or utilize it.

Of course, I also tell my clients that your company and the insurer will certainly be happy to send you to medical evaluations in the form of Independent Medical Evaluations. Please understand, however, that these doctors are not generally treating you and making you better. They are simply evaluating you and providing a report to give to the judge when you go to court.

I help injured workers across the State of Georgia, but mainly in the Atlanta and the West Georgia area (Douglas County, Paulding County, Carroll County, and Cobb County). My office is in Douglasville. I will personally come to you if you cannot come to me if I think I can take your case after an initial free consultation on the telephone. Please call my office anytime at (770) 577-2227 or submit your question on this Blog. To read more about my law office and my qualifications, click here.

Full post as published by Georgia Law Blog on March 27, 2009 (boomark / email).