Disability Law

Workers' Compensation Claimants Should Carefully Consider Their Options When Choosing To Move Out of State

By Jack E. Clay

A common question I am asked is the following: ?If I move out of state during the course of my workers? compensation case, what will happen??

As an Atlanta / Douglasville workers comp attorney, I have been asked this question several times. Though there is not a definitive answer, I have advised clients in the past that, unless there are compelling reasons for an out-of-state move, it may not be advisable to move. This is due to several reasons. First, if a Claimant were to leave his or her home state, the search for a new doctor that can adequately treat his or her specific injuries becomes more difficult. For example, out-of-state doctors may be reluctant to comply with Georgia's Workers' Compensation Fee Schedule which regulates charges by medical providers. Also, the progress of a Claimant?s medical treatment may become harder to track due to proximity. We are far less likely to have professional relationships with out-of-state physicians and hospitals which may make our job of obtaining medical evidence in the way of narratives and medical records more difficult. Finally, income benefits checks can be lost in the mail if they have to travel to a new state or may take longer to get to the injured worker.

Overall, it is my experience that the case can become more difficult to handle if a claimant moves out of state. Remember, insurance companies tend to operate in other states. They have the upper-hand in learning the "lay of land" when it comes to doctors in areas outside Georgia. It is my general practice to advise those who have been injured at work to remain in their home state until the case is settled if at all possible. However, I understand that life circumstances can occur where a move is necessary.

If you or a loved one has been hurt on the job and may need to move out of state, it is important to consult with an experienced attorney to learn your rights and consequences of a potential move. Please contact my Atlanta area law firm for a free consultation.

Full post as published by Georgia Law Blog on October 07, 2008 (boomark / email).