Injured Construction Worker In Atlanta Denied Full Benefits - $230,000 Settlement


August 18, 2010

Montlick & Associates, Attorneys at Law, received a call from an injured worker who had fallen directly onto concrete pavement from a height of over twenty feet. He had lost the use of his lower extremities. Some of our client's treatment recommendations were being denied (pain management, psychologist, rehabilitation specialist and neurologist) and the Employer / Insurer started questioning his citizenship. Our client lost the use of his lower extremities. He did not know how to deal with this horrible loss. Our client needed guidance, had unpaid medical bills and was receiving less in income benefits than what he was legally entitled to.

The law provides that an employee who is injured on the job is entitled to income and medical benefits regardless of US citizenship status.

We proved to the Employer / Insurer that our client was entitled to more income benefits and his checks were increased. We forced the insurance company to pay the medical bills and provide him with transportation. We got him into a great plan at one of the best pain management and rehabilitation facilities in Atlanta. A psychologist and neurologist were approved after repeated delays from the Employer / Insurer. After several months of rehabilitation the claimant started to receive some feeling back in his legs. The doctor requested a spinal cord stimulator be placed to help with remaining pain. It was denied. We requested a Hearing before an Administrative Law Judge for Life Care Planning, Life Care Coaching, Specialized Housing and Spinal Cord Stimulator. Life Care Planning and the Coach were essential to someone who was learning to maneuver a wheel chair. Our client was also having problems finding a place to live due to the lack of handicap accessible rentals.

Unfortunately, the benefits under the Worker's Compensation laws were limited compared to other areas of the law as there is no compensation for pain and suffering and there are limited lost wage benefits. Our Atlanta worker's compensation attorneys were able to help our client obtain a settlement totaling over $230,000 and he moved back to Mexico to be with his family.

Category: Montlick Law

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