PODCAST #248 Georgia Workers' Compensation Lawyer - 9 Things Different in Personal Injury v. Workers’ Compensation in Georgia

Ty Wilson Law Podcast

Everyone we're here today to talk about nine things that are different from personal injury claims to workers compensation claim. We get a lot of questions about what are the differences and there are several different differences. But we're gonna try to point out probably the 9, what we consider the most important or the most obvious differences between a personal injury claim and a work entry claim. So, let's start with No. 1.

No. 1: When you have a personal injury claim you're entitled to pain and suffering. And pain and suffering is what you feel whenever you're dealing with surgery and you're dealing with just the general pain of being in an injury. Workers Comp. They do not have to pay anything for pain and suffering. And so, that's a big difference. In workers comp, you're looking at medical benefits, you're looking at weekly checks, and possibly something called permanent partial disability. But in personal injury, you're looking at full loss wages, you're looking at economic damages, to include hospital and any type of medical bills, or medical care, prescriptions, etc. And personal injury, those are benefits that you seek to be reimbursed for. In workers comp., they pay for them proactively. Now, not the scope of this video, but they also may get to control your medical care in workers comp. So, we'll talk more about that in another video. So,

No. 2. In personal injury, for example, a car wreck. you have to prove that the other person was at fault. And was negligent in their actions. In workers comp., it is a no fault system here in the state of Georgia. And all of this is referring to the state of Georgia. And so, there's workers comp is a no fault system. What that means is you don't have to prove that the employer was at fault for causing your injury. You just have to prove that you are employed and not an independent contractor. That you were in the course and scope of your employment. You are not under the influence of alcohol drugs. And you are not horse playing. If you can prove those you prove that you have a claim. And then the employers responsible for the medical cares that relates to your injury. And then if certain conditions are met such as taken out of work completely for more than 7 days. well. then the employer or the insurance company for the employer will have to pay you what is called temporary total disability or temporary partial disability income benefits. Moving on to

No. 3. In a personal injury claim, the insurance company does not pay for your care as you go. So, you don't go to the doctor and say, "Hey! Insurance company I'm going to the doctor today so make sure you pay them." That's not how it works. Basically, you get all of your medical care in a personal injury case completed and then you seek to get those damages reimbursed along with pain and suffering, etc. Whereas in a workers compensation claim, they do pay for your care as you go. In fact, they have to authorize care before you get to the doctor or the doctor will not see you because the doctor will not get paid. And so, workers comp., they pay as you go. Personal injury, they don't. So, let's go to

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