Do All Workers’ Compensation Cases End in a Settlement?

Most workers in Georgia are covered by workers’ compensation through their employer. Workers’ comp pays for medical expenses and helps replace a portion of lost wages if the employee cannot return to work right away.

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 a trusted workers’ compensation lawyer in Atlanta what your odds are of getting a settlement from your workers’ compensation case. 

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 specializing 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 bills, 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 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?

Many workers’ comp cases end in a settlement when your work injury leaves you with a permanent or partial disability. If you return to work soon after your accident and do not have a disability resulting from your injury, you might not get a settlement offer. Otherwise, there is a potential to settle for the current and future costs of your injury.

The workers’ compensation laws in Georgia encourage settlements. A fair settlement is advantageous to you if it provides enough compensation to cover your immediate and ongoing costs. If your injury impacts your ability to work into the indefinite future, you will also need to make sure your settlement accounts for those losses.

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 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 to you, you will want to seek an amount that actually 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 (GA §34-9-15). 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 treatment 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. While 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

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 online today to get started with your free consultation.