Help me to understand

[leslie03]

Hi everyone. I'm new to forum so I guess I will just start with our story.

We live in GA. April 29, 2009 my husband fell out of an attic he was working in. (Heating & Air Installation) From what I understand either the framer didn't nail down the beam or he didn't put enough nails in to secure the beam. Anyways, when my husband came off of the ladder to stand on the beam, it fell. His leg went into the ladder and he tore his calf muscle. The initial impact was on his shoulder and head. He did have to do some physical therapy for his shoulder, but it's ok for now. The leg on the other hand has been a different story. We've had soft cast and boots and crutches and PT. Two/three weeks after his injury he developed blood clots all deep vein & he spent 3 days in the hospital. They are keeping a close eye on the clots. This past Doppler, showed that one of the clots is beginning to break up. They are talking about putting a filter in now. He went back to work last week to see how he would do and was pulled back out this past Friday. He could hardly walk. We've been told that he will have chronic swelling for the rest of his life.

Sorry for rambling...and believe me I could go on and on. Can anyone point me in the right direct as to what to look for from WC, what not to accept from them. I've been talking to him about consulting with an attorney (just so we know our rights...for now). He has been taken out of work for the rest of the year and told that he may not be able to go back to that job.

The plus side of this, we have grown much closer as a couple. Which is something that we really needed. By the way, he's 29 & I'm 27 and we have a 4 year old son.

Thanks for your advise!
Leslie

[Still in Limbo]

Hi Leslie, and Welcome to the Forum! As long as the Employer and their Ins. Co. are Working with Your Husband to get Him Well, and He is Getting w/c Payments, at This Point I don't See a Reason for an Attorney. Now if the Employer or the Ins. Co. start Making it Hard for Your Husband to get Medical Care or Meds., or Play with His W/C Payments, then You should Contact an Attorney for Advice! His Health is Number One, so don't even Think of any Type of Settlement until He is Either Healed as Good as He can Be, or His Condition Stabilizes. You will be able to Tell if things are going South, and if an Attorney is Needed, just Trust Your Instincts!! My Very Best to You Both, and I'm Glad at Least His Injury has Helped Your Relationship, it More Times Destroys Them!!

[AQA]

As long as the medical is being taken care of and he is receiving his monetary benifits. I would not sign with an attorney at this point.

You may want to check the following.

http://sbwc.georgia.gov/00/channel_title...36,00.html

[1171]

aqa posted a good link where your husband can start learning about workers comp in georgia.
he should be aware of a couple of unique features of workers comp.

1.It is totally different then regular insurance ---either health or liability.
there is no need to prove fault or negligence in order to get benefits. these are civil terms and part of civil/negligence law suits. work comp has it's own court system because it is "no fault" and has very strict benefits and requirements.
workers comp is more like unemployment or other social insurance systems. it provides basic benefits like medical care and wage replacement . there is little money for any type "settlement". any additional benefits are based on impairment and or wage loss. no pain or suffering or lost retirement or business opportunites etc. all benefits are specifically spelled out in the law.

2 it is also not health insurance as the premiums are paid completely by the employer. it the employers insurance. they have most of the control of the medical and disability benefits. that's why the rules are strictly spelled out in the comp laws.

false expectations and wrong assumptions can make the process frustrating.

[fritos]

I am not 100% sure but can't he sue contractor who did not put beam in properly?

[1171]

yes there could be grounds for a 3rd party law suit.