Four Things to Know About Settling Your Workers' Compensation Claim

There are many advantages to settling your workers’ compensation claim, and Georgia law encourages workers’ compensation settlements as well. By settling your claim, you can shorten the wait time between the close of the case and when you receive your compensation, and you also avoid the hassle of going through a workers’ compensation hearing. Familiarize yourself with the following guidelines regarding settling your workers’ compensation case in Georgia, and contact the workers’ compensation attorneys at Christopher Simon Attorney at Law for assistance with settling your workers’ compensation claim.

1. There Are Two Types of Workers’ Compensation Settlements in Georgia: Liability Settlements and Non-liability Settlements

When there is no dispute as to whether you are eligible for benefits, and your employer’s insurance company has already agreed to pay you a certain amount of money to resolve your claim, you are considered to be entering into a liability settlement. When there is a dispute as to your eligibility, on the other hand, you are considered to be entering into a non-liability settlement. Essentially, a non-liability settlement is an “agree to disagree” situation whereby your employer agrees to pay you some compensation for your injuries just to make your claim go away.

2. You Should Wait Until You’ve Reached Maximum Medical Improvement to Settle Your Workers’ Compensation Claim

While you can technically settle your workers’ compensation claim at any time, it is best to wait until you’re healed, or you’ve reached maximum medical improvement (MMI), to pursue a settlement. It can be difficult to value a settlement while you’re still healing, and you want to make sure all your medical treatments, procedures, and medications are taken into consideration when negotiating a settlement.

3. Most Settlements Are Paid in a Lump Sum

Without a doubt, your top priority is receiving the money owed to you. The good news is in most cases, you will be paid a lump sum payment, so you don’t have to sit around waiting for each payment to come through. However, there are instances in which your employer’s insurance company may choose to proceed with a structured settlement instead. Structured settlements are typically used when your work injury left you with a permanent disability, or you require long-term care. In such instances when it would make more sense to issue monthly or yearly payments to you, the insurance company may opt for a structured settlement.

4. You Give up Rights to Future Claims by Settling

One important caveat of settling your workers’ compensation claim that many people don’t know is that when you settle your claim, you are giving up all rights to file additional claims in the future. That means if your condition worsens in the future, you won’t be able to file another claim for your new or aggravated symptoms. While there are exceptions, this rule holds true the vast majority of the time. However, it is a good idea to speak with an attorney about your specific case so you fully understand your rights after settling your workers’ compensation claim.

If you are considering settling your workers’ compensation claim, make sure you speak with an experienced workers’ compensation attorney as soon as possible to learn about your rights and options. Our attorneys have settled numerous workers’ compensation claims and helped our clients recover the maximum amount available for their injury. Call us at 404-259-7635 or visit our website today to schedule your free consultation.
Client Reviews
My wife and I were hit by a tractor trailer in 2014. After extensive research online, we were deeply impressed with the various reviews we read on Google and Avvo and chose Chris to represent us. We could not have a made a better decision. Chris and his firm treated us like we were their only clients, soothed our worries, and instantly gained our trust. Chris settled both of our cases for more than we expected. James
A co-worker of my wife recommended Chris to us. At the very beginning Chris showed that he cared and his knowledge is priceless. Going through this process can be aggravating but Chris did a great job guiding me through this and was always available to answer my questions. Chris fought to get what I deserved even though at times I wanted to give up. Tracy
I want to express my deepest sense of gratitude and appreciation to Attorney Chris Simon & Attorney Chris Carsten, for all the hard work that they put forth into my case (car accident filed after being hit by drunk driver). Their attention to detail and professionalism far surpasses their firm's reputation. Because of their diligence and dedication to their craft, they were able to bring my case to a successful close, one that I could live with. You will not find a better team for your case. Should I have a need for their services again in the future, or know of anyone looking for a top notch Auto Accident Law Firm, I would not hesitate to recommend them!!!! Elle
Wow...Chris is a very good attorney. Me and my son was in a very bad car accident an I was clueless on how to handle the situation. It's very hard to find an attorney who allows you to contact them personally instead of you contacting their asst. I was told that I didn't have a case because the hosiptal put a lien on my acct. Chris prove different and I was able to file my case with the insurance company. The process was very quickly and Im glad I selected the right attorney..Thanks Chris A Car Accident client
Chris is a great lawyer and the most people friendly attorney I have ever delt with. He handled my case with great attention to detail and did so in a very short period of time. He is very consice, efficient, patient and understanding. He has a strong passion for what he does and he does it well. I recommend Chris Simon as legal representation for anyone who has suffreed damages or a loss at the negligence of others. He really cares about you and your case. A Car Accident client