Should You Settle Your Workers’ Compensation Case?

Settling a claim is one of the most important jobs an attorney has when working on a workers compensation claim.  Before settling, however, a client needs to consider several factors such as:

Weekly Benefits- If you settle your workers’ compensation case, you can never again receive any weekly benefits for that injury. Once you settle, that part of the case is closed.

Medical Payments –   In Georgia, the settlement of a workers compensation claim almost always includes the termination of medical care. Before settling, please have a plan for how future medical treatment will be covered.

Approval – In Georgia, the State Board of Workers Compensation must  approve all settlements.  In most cases, there is no problem with approval but occasionally additional information will have to be furnished by the parties.

Evaluation for Settlement – Calculating the value of a workers’ compensation settlement is based primarily on two things: the amount of workers’ compensation benefits that you might be entitled to in the future and the likelihood of actually receiving those benefits. This figure will change with every case. Workers’ compensation settlements do not include pain and suffering, loss of consortium and other damages available in traditional lawsuits.

No Entitlement to Settlement-  In Georgia, no one is entitled to a settlement and no party can ever be forced to enter into a lump sum settlement.

Settling a case is a complicated and life-changing decision.  Before you settle your case, be aware of the potential consequences. Avoid making a decision that you will regret down the road.  Call Shari Miltiades at (912) 354-8122 for more information.

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