#111 Georgia Personal Injury - What is UM Insurance Coverage?

So, what's the first thing that the insurance company looks for when they're looking at an injured worker or workers compensation claim in the state of Georgia? Well, first thing they say is the person who's injured. Are they even an employee or they an independent contractor? And so, that's a huge deal. If they're an employee, okay now they go the next step. Well, is the employer subject to the act? What does that mean? Well, that means they have to have three or more employees on a full time basis in order to be required by the Georgia Workers Compensation Act to have workers compensation insurance coverage. They don't have insurance coverage. You're going straight after that employer and usually it's a small mom and pop organization that may not have the money to actually cover the damages that's something that an attorney will be looking at on the other side if not the insurance adjuster. Stay safe! 

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We received a call the other day about someone who was talking about a deposition. And their question was, "How do you win a deposition?" And the short answer is, you really can't win a deposition. You really can't win your case with a deposition. You can lose your case with the deposition depending upon how that goes but you usually will not be. Winning your case with the deposition. Deposition is usually meant to lock down your oral testimony in questions and answers so that that defense attorney knows how you're going to respond. If you change it up and respond differently they're gonna attack your credibility and make it look like you are  someone that can't be believed and that all of your testimony and all of your comments should be taken as untruthful. You don't want that so you wanna be honest. Matter of fact, and non argumentative. Hope that helps. Stay safe! 

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So, what is discovery In a workers compensation claim in Georgia? Well, discovery can mean several things but it's usually written documentation. It can also be a deposition. But typically you see them most commonly in what are called request for admissions where you are requesting that the other party admit that a statement is true. Interrogatories: Fancy word for questions, to where someone ask a question and is seeking information back to answer that question. And then request for production of documents. Well, pretty straightforward. That is when you are saying, "I would like to request this particular document. If they have it, they can either produce it or they could object to producing it.  Same thing within derogatories you answer the question or you can object to answering the question as long as you do so properly. And then request for admissions. Those are different animal. Either admit or deny them. Or do not have enough information for them. Stay safe!

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We were contacted the day by someone who works at a bar. "One night a customer assaulted her during her work. She filed a police report. And the police said, "Unless she knows who her attacker was they cannot do anything." So, the employer will not pay for her hospital bills. And she has no health insurance. What should she do?" this is a case where she potentially has a workers compensation claim so long as she was not on break or was not off the clock if she was in the course and scope of her employment meaning doing the work that she was hired to do at that bar then she was employed and as long as she wasn't intoxicated either by drugs or alcohol or horse playing she should have a workers compensation claim which will at least provide her to the medical care she needs and if the doctor thinks she needs to be out of work well then she could qualify for income benefits stay safe!

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We received a question the other day. "I was driving on the highway and a large tractor trailer in front of us lost part of its tire. We were injured and the police came. However, there was no way to get the driver's information because he was long gone. He kept driving. We did get the name of the trucking company. Our insurance company says we need to follow up with them for our bills. Is there anything we can do? Well, the short answer is you would want to try to set up a claim through that employer's insurance company. They will do an investigation. And they will see if they will either accept liability or deny liability based upon the circumstances of the claim. If need be you may have to file a lawsuit and subpoena that information. If not. then you can go after your uninsured motorist carrier. Stay safe! 

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Hello, Ty Wilson here. We're answering a couple of questions that we've received over the last couple of weeks. This question is, "I have a case currently. I was on work restrictions. So, sounds like a work injury, and my supervisor made me work full duty regardless am I liable for that." I'm not sure I understand the whole, "Am I liable for that?" But if you are on medical restriction from a work injury claim and the employer put you to full duty the question is in those job duties can you complete or do the job duties that you have to do for your employer if you can that's fantastic. Noove forward if it's aggravating your injury "Need to return back to your what they call authorized treating physician." Mainly your main doctor in your work injury claim. And let them know you're having issues And if you know specifically what you're doing that aggravates the injury. You wanna tell the doctor that. They will adjust your restrictions. Now, take that back to the employer. The employer may say the same thing. "Hey! I don't care." "Full duty or you go home." If you are sent home because you cannot do full duty well then they may have to pay you a weekly checks in your workers compensation claim. Now, something to seek but something to back you up. And so something to think about. if you have any questions you always wanna reach out to a Georgia workers compensation attorney. Just speak with them about the claim doesn't mean you have to retain them. We speak to a lot of people and I would say the vast majority of them we do not retain. But we do try to find out where their claim is let them know what possible problems there are issues they could run into with their claim. And what might be the best move moving forward. We hope this information has been helpful. We will see you on the next video 

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Hello. Ty Wilson. Georgia workers compensation attorney here. And we're answering questions today. Snd so, our question today is, What if I was injured in Georgia but now I live in Alabama? Do I still have a workers compensation claim? And the short answer is, yes. A lot of what determines where you can file your claim is where were you hired. And so, reach out to Georgia workers compensation attorney and speak with them. Give them details of where were you hired were you hired in Georgia and were you hired just to work in Georgia and then you got injured in Georgia now you've just moved right over the State Line to Alabama or was it something else where you always lived in Alabama you were working in Georgia. You signed a contract to only work in Alabama and you just happen to have one job over there in Georgia. So then you may have an Alabama claim. And so, if you were in the course and scope of your employment  certainly you have a Georgia claim if you were injured in the state of Georgia. The bigger question is what does the employment agreement say as far as where you're working or are you a long road trucker and you're gonna work in contiguous United States? And so, the details are what matters the facts to help determine if in fact you are entitled to Georgia workers compensation coverage to help pay for your medical care even if you live out of state. That is something that I know that the adjusters are not crazy about in Georgia because if they're paying for medical care out of state they typically don't have a good understanding of are these doctors conservative are these doctors not conservative. Adjusters like to give the medical care get medical care for the injury worker with very very conservative doctors if they can. It tends to keep the medical cost down and at the end of the day this is about money for the insurance companies. I hope this information's been helpful. Reach out to a Georgia workers compensation attorney. Find out what your rights are and stay safe! 

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So, a question we got today was What if I'm a subcontractor? Hello my name is Ty Wilson I'm a Georgia workers compensation attorney and we're answering questions today. And this question was, "I've been injured on the job but I'm a subcontractor. How does that change my situation?" Well, as a subcontractor you're not an employee and so you're not covered under the company that hired you. So, typically especially if you're in a contracting situation where you're maybe building a home or doing an one aspect of that flooring roofing framing drywall etcetera, you're responsible to have your own workers compensation insurance coverage. And if you have that well you have a claim now there are certain situations where the actual owner of the subcontracting company ops out of the coverage. And if that's the case and you're the owner well then you would not have coverage. However, if you have not opted out of your workers compensation insurance coverage and you have a policy you should have coverage if you don't have a workers compensation coverage or what we see all the time. They get the coverage in place cancel the next month because all they need to show is a certificate. Then you are stuck on your own and you do not have Protection that you may need depending upon the entry that you have. So reach out to Georgia workers compensation attorney. Find out get specifics and then you'll know do you have the ability to file a claim and pursue a claim under the workers comp the Georgia Workers Compensation Act or are you in a situation where you'll have to pay for it on your own. Stay safe and we'll see you on the next video. 

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We're covering some questions that we have received over the last couple of weeks. And I'm just gonna read the question. "I'm having a terrible time getting answers from the insurance company that represents the person that hit my daughter. They have so many excuses. But meanwhile, my daughter's car is towed. And she is still having medical issues from the accident. This stinks." Well, sorry to smile but this is the name of the game for the insurance company delay, delay deny. Maybe tell you something maybe not maybe not even answer your calls. And so, the fact that you got them on the phone they don't know what to say they make excuses. This unfortunately is not uncommon. This is clearly from a car wreck. Somebody wrecked into your daughter and so the answer or suggestions I guess to this question is you probably should reach out to a Georgia personal injury attorney or car wreck attorney as a result of the property. And you got two claims, so let's just kinda I guess stretch this out a little bit. When you get into a car wreck and there are injuries you actually have two claims they're set together but you have a property damage claim that be for the value of the vehicle. And then you have oddly entry claim. The property damage claim should be resolved fairly quickly. Now, here's the question the at fault insurance company do they have coverage on the claim? They may not and if they don't then you're gonna wanna reach out to your insurance company and see if you have what's called uninsured motors coverage. Uninsured motors coverage will provide bodily injury and property damage coverage. And so, you can get your car either repaired if it's repairable or a total loss. The insurance company will make that determination typically what they wanna do is they wanna send somebody out to look at the car and so when they look at the car they're gonna determine what is the fair market value that car what is the cost to repair it. If the cost to repair it is more than every insurance company is different but it's usually between 70 or 80% of the fair market value that car.

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We received a couple of questions I want to try to go through today. And so let's start with the first one. "Can an employer deny your workers compensation playing If you've been on the job for three days?" Well, the short answer is no, they cannot. We've represented people who were injured on the first day literally. Signing the agreement to work with the employer or walking outside of the place where they were signing the documentation and they got hurt. because someone had left the water there. It was in the way. They couldn't avoid it. They slipped they fell. They hurt themselves. Actually, pretty seriously. But if you are an employee and you are in the course and scope of your employment the employer arguably as long as you're an employee, as long as there's insurance and even if there's not insurance you still have a claim that there's other questions about the claim. Such as if there is no insurance does the employer have the money to pay the claim? And so forth. But if you're injured on the job and you're employed you're hired doing what you're supposed to be doing, you're not under the influence of alcohol, you're not under the influence of drugs, you're not horse playing, then you have a claim. And so for them to deny your claim after being at work for only 3 days, you do need to reach out to a workers compensation attorney or Georgia workers compensation attorney because your rights are being denied and you have something that you can try to pursue if that's something you wanna do. Obviously, that's gonna depend on how serious is the injury. If the injury is not that serious, and you can get to work somewhere else. You may wanna move on. If it is serious, you now are looking at possible surgery or you don't know but you can't hardly walk because you've got pain radiating from your back down to your feet or you've got pain radiating from your neck down to your hands, then you're gonna wanna reach out to a Georgia workers compensation attorney. Find out what is going on as far as what are your rights. What can you do what do you need to look out for? We offer free consultations as do most workers compensation attorneys. And so, check out find out what your rights are. Doesn't hurt to ask questions. Find out what you may be entitled to depending upon your current situation. And most of all stay safe. We'll see you on the next video.

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