Workers’ comp pays for medical expenses and helps replace a portion of lost wages if the employee cannot return to work right away. But do all workers’ compensation cases end in a settlement?
Workers’ compensation cases can, like personal injury lawsuits, end with a settlement–and they often do. The amount of your settlement will depend on several factors, including how well you present your case. The outcome also depends on the severity of your injury and how it affects your ability to perform your job.
Learn from an Atlanta workers’ compensation lawyer what your odds are of getting a settlement from your workers’ compensation case.
Do All Workers’ Compensation Cases End in Settlements?
Not all workers’ compensation cases result in a settlement. While many comp claims are resolved through negotiated agreements, some cases follow different paths depending on the circumstances. Settlements are common when both the injured worker and the employer’s insurer agree on the benefits owed, but they are not guaranteed or mandatory.
In some cases, workers may receive comp benefits without a formal settlement, such as ongoing medical treatment or wage replacement through weekly payments. Disputes over the extent of injuries or the amount of compensation can lead to hearings or even appeals, delaying or preventing a settlement.
If you’re considering whether to settle or continue receiving benefits, consulting an experienced workers’ compensation attorney can help. They’ll review your case, explain your options, and ensure you receive fair compensation for your injuries.
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Do You Need to Hire a Workers’ Compensation Attorney for Your Case?
When it comes to workers’ compensation cases, legal representation is critically beneficial. If you have suffered a work-related injury, seeking the assistance of an Atlanta personal injury lawyer with experience in workers’ compensation creates an advantage in the following ways:
Knowledge of Workers’ Compensation Law
An experienced lawyer specializing in workers’ compensation law understands the legal system and the specific regulations governing compensation claims. We have in-depth knowledge of the procedures related to workplace accidents and can navigate the complexities of your case effectively.
Maximizing Compensation Benefits
A skilled lawyer can evaluate your case and help you pursue the maximum compensation benefits you are entitled to. We consider various factors, such as your medical costs, the extent of your injuries, the need for ongoing medical treatment, and potential future wage loss, to adequately cover your losses.
Dealing With Insurance Companies
Insurance companies often try to minimize settlement amounts to protect their financial interests. Having legal representation levels the playing field. Your lawyer will handle all communication and negotiations with the compensation insurance company on your behalf, protecting you from unfair practices.
Access to Medical Attention
A lawyer can help ensure that you receive proper medical attention and treatment for your work-related injury. We can guide you to trusted medical professionals who specialize in treating workplace injuries and gather the necessary medical evidence to support your workers’ comp claim and demonstrate the extent of your injuries.
Experience in Litigation
While most workers’ compensation cases are settled out of court, there are situations where litigation becomes necessary. If your case reaches the litigation stage, an experienced lawyer will be prepared to represent your interests in court with the knowledge and skills needed to present your case effectively.
What Are the Odds of Your Workers’ Compensation Case Ending in a Settlement?
The majority of workers’ compensation cases end in a settlement. Settlements are often preferred because they provide a lump sum or structured payout, offering injured workers financial certainty and the ability to move forward. Insurers also tend to favor settlements as they can close claims and avoid ongoing payment obligations.
However, the odds of settling depend on factors like the severity of your injury, disputes over your workers’ compensation claim, and whether you’ve reached Maximum Medical Improvement (MMI). If both sides agree on the compensation owed, a settlement is likely. Disagreements about liability or workers’ compensation benefit amounts may lead to a prolonged claims process or litigation.
To improve your chances of a fair settlement, it’s critical to work with an experienced workers’ compensation attorney who can negotiate on your behalf and protect your rights throughout the process.
Be Careful When Accepting a Settlement
Settling a workers’ comp case means you are essentially forfeiting your ability to seek further compensation. Many workers are advised to wait until they have reached maximum medical improvement (MMI) before considering a settlement. MMI refers to a state you reach when your condition has improved as much as it’s going to with medical treatment.
Before accepting any settlement, you should ensure it is fair to you and your needs. It’s best to get a Georgia workers’ compensation lawyer on the phone to discuss your options.
How Do Section 32 Settlements Work?
A Section 32 settlement happens when you agree to settle your workers’ comp case for a set amount of money. In these situations, you are typically paid all of your settlement in one lump sum. Before you agree to a Section 32 settlement, you should seriously consider discussing your case with a workers’ compensation attorney.
How Workers’ Compensation Settlements Work in Georgia
In Georgia, there are two types of workers’ comp settlements:
- Liability settlements where there is a resolution of a claim, the insurance company has agreed to pay
- Non-liability settlements where there is a disagreement about how eligible you are for benefits
Most of the time, injured workers receive their settlement as a lump sum from the insurance company. If the insurer is unwilling to propose a lump sum settlement, the possibility of obtaining a cash settlement may be unavailable. Your options will vary depending on your situation, the severity of your injuries, and whether or not you work with an experienced attorney.
Should You Accept or Fight for a Workers’ Compensation Settlement?
The timeline for settlement typically begins with your decision. If the insurance company offers you a settlement, you can either accept or refuse it. It might be tempting to take the first offer, but we almost always urge clients to wait until they are more fully healed.
It’s difficult to accurately determine what your total costs are if you are still in active treatment.
If you accept a settlement offer, you may receive your money more quickly. However, if the settlement is not fair, you will want to seek an amount that covers your expenses. At this point, the claim turns into a legal proceeding, and you will need to work with a good workers’ comp lawyer in your area.
What Happens at the Hearing?
When you refuse a settlement, there might be a hearing where both parties present information before a judge. A court reporter will record what was said during the hearing, and you will need to provide testimony (under oath) about your accident and injuries. The defense will also cross-examine you.
Documents will be presented, and employees, supervisors, or witnesses may be called to testify. It all depends on the details of your case. When both sides have presented their information and evidence, the judge will decide how much workers’ compensation you are owed based on what they saw.
Unlike other types of hearings, there is no verdict in a workers’ compensation case because fault does not play a role in the decision.
Finalizing Workers’ Compensation Settlements in Georgia
Before a settlement can be truly finalized, the Georgia State Board of Workers’ Compensation (SBWC) must approve it. After both you and the insurance company providing workers’ comp have agreed on your settlement terms, you will need to submit certain documents to the board for them to review.
These documents may include:
- Medical records regarding your condition
- Past and future medical expenses
- A stipulated settlement agreement
- Your employer’s report of your injury and other claims forms
- Lawyer fee-related documents
If you are organized and present the right documents, the board will likely approve your settlement after reviewing everything.
Remember, finalizing a workers’ comp settlement indeed makes it final. To make sure you are accepting a settlement that will benefit you (now and in the future), contact a workers’ compensation lawyer who can help you with your case.
Which Factors Affect Workers’ Compensation Settlements in Georgia?
When it comes to workers’ compensation settlements in Georgia, several factors come into play that can significantly impact the value and outcome of your compensation claim. Understanding these factors is essential for maximizing your settlement and ensuring you receive the fair compensation you deserve.
Severity of Injuries
The severity of your workplace injury is a main factor in determining the value of your compensation claim. The extent of your injuries, as documented by medical bills and records, will play a role in calculating the appropriate compensation benefits. Severe injuries that require extensive medical care and result in long-term disabilities often lead to higher amounts.
Ability to Return to Work
If your workplace injury prevents you from returning to work, the compensation benefits you receive may account for your loss of future earning capacity and the need for ongoing medical treatment or vocational rehabilitation. An experienced lawyer can assess the potential impact on your weekly wage and future treatment needs.
Legal Representation
Seeking legal representation is wise when dealing with a workers’ compensation claim. A skilled lawyer specializing in workplace accidents and workers’ compensation can provide you with the necessary legal advice and guidance throughout the process. We can protect your rights, help gather evidence, and negotiate with the insurance company for fair compensation.
Type of Settlement
In workers’ compensation cases, different types of settlements can be pursued. One common type is a lump sum settlement, where a one-time payment is made to the injured party to cover past medical bills, future treatment costs, etc.
Structured settlements are paid out over a period of time. The choice of settlement type will vary, based on the injured party’s preferences.
Involvement of a Compensation Judge
In some cases, disputes may arise during the settlement process, and it may be necessary to involve a compensation judge. Their involvement may be required if there are disagreements regarding the extent of the injuries, the appropriate compensation benefits, or other related matters.
Remember, every workers’ compensation case is unique, and the specific details of your work-related injury will influence the settlement process. Seeking the assistance of an experienced law firm with expertise in workers’ compensation can greatly benefit your case and increase your chances of obtaining fair compensation for your injuries and losses.
A Georgia Workers’ Compensation Attorney Can Help You Today
A successful workers’ compensation settlement depends on many key factors, including your exact injury, impairment rating, and future expenses like ongoing care or future wage loss. Severe injuries that result in permanent impairment—such as eye injuries or nervous system injuries—often require additional compensation to cover ongoing costs.
While not all workers’ compensation cases end in a settlement, many do. Workers are more likely to get a fair settlement offer if they work with an experienced workers’ comp lawyer. That is where John Foy & Associates comes in.
For over 20 years, our attorneys have been helping injured workers get the benefits and compensation they not only need, but also deserve. We can help you, too, and there is no risk. We don’t get paid unless we win you money, and the consultation is always free. Contact us today to get started with your free consultation.
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