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Is this really workers comp?
#1
I have a question that everyone may be able to help shed light on the subject in Georgia. I was injured back in January when we had severe weather shut down metro Atlanta for five days. When I decided to try and go to work. I got there and the entire parking lot was ice and snow. I thought by walking on the snow part. I would be safe to get to the store. Well, I slipped on some ice under the snow. I bounced my head off of the icy pavement like a basketball. I was never clocked in or doing anything for the company. I was trying to get to work. They quickly put all of this on worker's comp, and to add insult to injury. I requested medical attention. I could hardly stand up, barely knew my own name, could not do the most basic skills, and had to drive myself to the doctor. I never got an ambulance as requested. Make matters worse, one of my co-workers is a full-time firefighter that walked away when I asked for basic help. The company owns the building. So would this not be a personal injury case and was not actively working. You did not even know I was an employee when it happened. I have cranial nerve damage/cervical nerve damage and mild traumatic brain injury. They stopped benefits because I have two doctors. The ortho said from his area of specialty I could try light duty, but the neuro says no. They act if I do not even have a Neurologist. The medication coctail that he(Neuro) puts me on just messes me up. Most days I have no idea what is going on, or I am so weak that I think I am dying. I tried to contact the company to find out wheather to come or work or not. They notified me five days later that I walked off the job (benefits stopped). Attorney is trying to work both angles of worker's comp and personal injury. Anybody have any ideas?
 
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#2
It's a tough call and a judge might need to make the decision. If the parking lot is owned by the store then they are responsible. If it's owned by the property owner then you'd need to go thru them.

I've had friends in a similar situation. One girl fell in the parking garage of a hospital on her way into work. Took her 4 months to get work comp to take over the case and yes a judge had to make the decision.

Another case a store parking lot on his way into work. Fell just like you did. The store didn't own the parking lot, the mall management did. He sued the mall owner.

Good luck, but like I said, it will probably be determined by a judge. Two doctors should not make any difference when you have multiple injuries.

Take care,
Bodybuilder1958
 
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#3
working both angles is good.
if the employer sees how much they could lose in a civil claim they'll be the ones to try and make it comp.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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