Do you want to know how much your Georgia Workers’ Compensation claim should settle for? The truth is you need to know two things. First, the adjuster will never offer you as much as the case is worth, so attempting to negotiate a settlement on your own, in most cases, could cost you thousands of dollars. Second, hiring the right man for the job is always the most important thing for any task, and settling your workers’ compensation claim is no exception. You should consult with an experienced Georgia workers’ compensation attorney prior to signing anything – even if it is for a free initial consultation (just about every lawyer offers them). You can read my post on how to find an experienced workers’ compensation attorney by clicking here [link no longer available].
My hope is that this article will help you get an idea of what all goes into a fair settlement. Remember, using this blog to calculate your settlement amount is a very bad idea because I haven’t had the chance to talk to you and ask you questions, and not every aspect of every case can fit neatly into the following three categories. No attorney-client relationship can exist just by reading my blog, so please read the rest of this post and give serious consideration to calling an experienced Georgia workers’ compensation attorney before you sign anything!
Settling your Georgia Workers’ Compensation case involves taking into account several different factors. First, there are your lost wages which are called temporary total disability or temporary partial disability benefits in workers’ comp. A good settlement will include any past-due workers’ compensation indemnity benefits (lost wages), plus late penalties if applicable, and a realistic estimate of future temporary total disability or temporary partial disability benefits.
Second, your medical treatment, both past and future, needs to be accounted for. These expenses could include surgery, medical mileage, prescriptions, physical therapy, rehabilitation supplies, pain management, x-rays, CT Scans, MRI’s, EMG’s, injections, spinal cord stimulators, and follow-up appointments with an orthopedist, neurologist, or a neurosurgeon – the list goes on and on. You may also need to obtain a Medicare Set Aside account in certain circumstances, and failing to do so when it is necessary could potentially result in Medicare denying you medical treatment in the future.
Third, assuming this is not a death claim and you are not catastrophically disabled, then the last thing you want to consider is your permanent partial disability rating associated with your Georgia Workers’ Compensation injury. Generally speaking, a PPD rating is issued by your doctor once you reach maximum medical improvement. For a great article explaining PPD ratings, read my prior blog post entitled “What is a Permanent Partial Disability Rating and How Do I Know What Mine Is?” by clicking the link [link no longer available]. That rating is then multiplied by a certain number of weeks depending on what body part the injury involved as discussed in my prior post.
There are, of course, additional factors to consider when settling a workers’ compensation case not discussed here. For instance, if you also had a Title VII employment discrimination case against the Employer, you need to be extremely cautious in signing anything as the settlement documents will undoubtedly release or discharge the employer from any other potential lawsuit. Additionally, please know that you do not get pain and suffering in workers’ compensation cases, so do be realistic in your expectations regardless of how significant your injury is.
