In Georgia workers’ compensation cases, insurance companies often try to save money, sometimes at the expense of injured workers’ health. Recently, Atlanta workers’ compensation attorney Lakia Shelton handled two cases in which large retailers and medical facilities tried to avoid helping their employees.
In both cases, a housekeeper who fell on the stairs and a retail worker hurt while helping a coworker, the defense claimed it was a pre-existing condition or that medical history made treatment too complicated. Lakia did not accept the excuses provided by the defense. She used strong legal strategies and her knowledge of Georgia law to win settlements worth more than three times her clients’ annual salaries.
Challenging the Pre-Existing Condition Trap To Secure Necessary Surgery
In the first case, a housekeeper in her 50s working at a medical facility suffered a serious knee injury after falling at work. When she fell, this hardworking individual refused to let her injury stop her from completing her shift. However, an orthopedic specialist confirmed the seriousness of her injury and found that she had a torn ligament and needed surgery. The insurance company, however, used her age as a reason to try to save money, saying her pain was just an aggravation of a pre-existing condition, and refused to pay for the surgery.
Lakia Shelton understood the high stakes. “They never want to pay, and they bank on the fact that people don’t know it’s the insurance company, not the employer, pulling the strings,” she noted. By focusing on the aggravation of the injury and the client’s status as a dedicated worker who had only missed three weeks before returning to work and trying to push through the pain, Lakia forced the defense’s hand. Just before the case went to trial, the insurance company folded, agreeing to a $60,000 settlement, an amount nearly triple the client’s annual income.
Overcoming a Client’s Complex Medical History
In another case in Savannah, a worker at a big-box retailer was injured while helping a coworker lift a mini-fridge. When her coworker stumbled, our client tried to help and ended up with a serious back injury. Complicating matters, her recent stroke barred standard rehab. When the defense team sees a lack of treatment, they often automatically use it as grounds to downplay the injuries.
“This case really showcases why you have to understand the medical aspects,” Lakia explained. “The defense argued that because she couldn’t do regular physical therapy after her stroke, her injury must not be serious. We had to fight for her right to get the treatment she really needed.” By focusing on the medical facts of the case and using recommendations from both the client’s primary care provider and an orthopedic surgeon, Lakia resolved it in just 4 months and secured a $55,000 settlement. This allowed the client to finally start the specialized recovery she needed.
Forcing the Insurance Companies To Settle Before Trial
In Georgia workers’ compensation cases, insurance companies can delay making a decision if they think it’s advantageous to do so. That’s why Lakia’s approach is to build such a strong medical and legal case from the very start. This way, the insurance company faces overwhelming evidence and quickly realizes it’s better to settle than to fight it out in court.
Lakia explained that these settlements were not just about paying medical bills but about providing financial certainty to everyday workers in Georgia. In Georgia, workers’ comp does not cover pain and suffering, so our workers’ compensation attorneys, like Lakia, have to work even harder to maximize the value of every case. One way they do this is by taking the time to research future treatment needs and the challenges of starting over in a new career in your 50s. Those costs can add up quickly and can bolster a claim significantly.
Life-Changing Results for Cases That Matter Most
Although these settlements may not seem like the billboards you see in major truck accident cases, their impact may arguably be greater. For the housekeeper and the retail worker, the settlements meant receiving three years of income in a single payment and finally getting validation for everything they’d been through just by doing their jobs. For many, it’s the kind of financial security that ensures they can keep the lights on and the mortgage paid while they focus on healing and recovery.
“It took a long time, and she was just happy to be done with it,” Lakia said of her client, the housekeeper. “She felt like they had taken her through enough. To see her receive 3X her annual salary was a huge deal.” The retail worker client in Savannah felt a similar sense of relief at finally having the funds to pursue medical care on her own terms without the insurance company’s oversight.
Don't Let an Insurance Company Deny Your Recovery
If you’ve been told your surgery is unnecessary or your injury is just “old age,” attorneys like Lakia Shelton and the team at Farah & Farah are ready to stand up for you. We understand the Georgia workers’ comp statutes and how to use them to your advantage.
When you call us, we’ll discuss your workplace injury and explain your options at no cost. We charge nothing unless we win your case. Contact our experienced attorneys today for a free consultation.
