There is a strong likelihood that when you settle your Georgia work injury claim, you will also be asked to sign a resignation letter, along with a waiver of ADA (Americans With Disabilities Act) claims and a waiver of other employment related claims. Many of our clients find this upsetting as they would like to both settle their claim, and return to their old job. Unfortunately, you are unlikely to get this result.
Insurance companies are in the business of managing risk and they believe that a seriously injured worker is more likely to experience a second work injury claim, and they don’t want you talking to your co-workers about how much you recovered in settlement.
Therefore in almost every case where my client is seriously injured, out of work for weeks or months, and eligible for a large settlement, that client will not be asked to return to his/her job.
Pursuing workers’ compensation benefits, therefore, means that you have to make a tough decision. If you suffer an injury that requires surgery or even non-surgical, but extensive medical care, you need to pursue workers’ compensation benefits to obtain needed medical care and lost wage benefits. If you choose not to report your on-the-job injury in an effort to keep your job, you will have to hope that your injuries just go away without the need for any medical care.
Our experience has been that serious work related injuries like
- herniated or bulging discs
- knee, elbow or ankle injuries
- crush injuries
- closed head injuries
- puncture wounds
do not spontaneously heal. If you fail to report your work injury within just a few days, your employer may try to claim that you really got hurt off the clock and you may recover nothing. In other words, it is not a good strategy to wait days or weeks to see if your injury gets better or not, then decide to pursue a workers compensation claim if your physical condition declines.
Georgia workers’ compensation claims are often hotly contested – next to divorce and family law matters, work injury claims are some of the most litigated cases in which you could be involved. If you are confused and concerned about what to do, I’m happy to speak with you confidentially and at no cost. Call me at 770-351-0801 or email me at http://bit.ly/contact-jodi.