Every Atlanta workers’ comp claim will have a unique timeline based on factors specific to your injury, application, financial needs, and other circumstances. It can take anywhere from several weeks to several years to reach a fair settlement. The process can involve multiple rounds of offers and counteroffers. You, too, play an important role in the timeline since the final settlement decision is yours to make.
You do not have to undertake the lump sum settlement process of your workers’ comp claim alone. An Atlanta workers’ compensation lawyer can guide you through each phase of the settlement process. They can fight for maximum compensation and clarify how long your workers’ comp settlement may take in Atlanta. Most law firms will review your claim at no cost and represent you on a contingency fee basis.
Start the Negotiation Process By Understanding the Value of Your Workers’ Comp Claim
Before entering the negotiation phase of your workers’ comp settlement claim, you need a clear understanding of the value of your potential lump sum settlement. Injured workers in Atlanta are entitled to up to two-thirds of their average weekly pay for the time they cannot work.
Estimate the time you will be unable to work and collect pay stubs and other financial documents establishing your income. These form the basis of your lost wages. Other factors can also impact your settlement amount. Once you have assessed all your losses, negotiations can begin.
A Workers’ Compensation Attorney Will Draft a Comprehensive Settlement Demand Letter
A settlement demand letter will describe your injuries and their severity. It will define when and how your doctors expect you to achieve maximum medical improvement and potentially return to the workforce. If your workplace injury is catastrophic or permanent, the letter will say so.
It will also include financial details, including the amount of compensation you would have received in traditional weekly payments and the estimated costs of your medical care to date and in the future. Finally, it will state the value of your compensation request.
The Workers’ Compensation Insurance Adjuster Will Make a Counteroffer in Writing
The workers’ compensation insurance company, operating with its bottom line in mind, is unlikely to agree to your initial settlement demand. They will assess your injury, impairment rating, and compensation request to determine the value of your workers’ compensation claim. At that point, they will make a counteroffer.
The offer/counteroffer process could take time, with each side reviewing and responding to each proposed settlement. How long this process takes will depend on each party’s response time. Each offer deserves a thorough assessment to ensure all your medical expenses and financial needs (now and in the future) are accurately accounted for.
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Workers’ Compensation FAQs
What Is the Maximum Payout for Workers’ Compensation in Georgia?How Long Do Most Workers’ Comp Settlements Take in Atlanta?What Percentage Does a Workers’ Comp Lawyer Get in Atlanta?My Job Isn’t Providing Guidance on my Work-Related Injury. What Steps Should I Take?Is Pain and Suffering Included in Workers’ Compensation?Will My Employer Find Out if I Hire a Lawyer?The Timeline Between a Workers’ Comp Settlement Agreement and Payout
Since you do not have to accept the first offer you receive, the negotiation process can take time and feel frustrating. Once you reach a fair settlement agreement, it could take additional time to receive the negotiated amount. Factors that affect this part of the settlement timeline include the following:
- Workers’ comp state officials must review and approve your settlement agreement.
- A workers’ comp board member will ensure you understand the terms of your settlement.
- The board member must approve your negotiated settlement amount.
If the board does not accept your agreed-upon settlement, the process could be lengthened even further. They must also agree to your attorney’s fees, which cannot exceed a specified percentage.
Your Workers’ Compensation Settlement Is the Final Resolution of Your Claim
A miscalculation or speedy settlement agreement can be costly. Your settlement agreement, once approved, is final and binding. You will not be able to request additional compensation later, making it crucial to understand the full range of compensation you are entitled to receive.
An important benefit of hiring an Atlanta personal injury lawyer is their familiarity with workers’ comp claims and the process of defining a claim’s value. With their guidance and direction, you can avoid the insurance company undervaluing or underpaying your settlement.
The Benefits of Hiring a Lawyer to Negotiate a Workers’ Comp Settlement
Georgia law does not require you to have a lawyer when negotiating a workers’ comp settlement. However, hiring one can benefit your claim. Even the Georgia State Board of Workers’ Compensation (SBWC) supports hiring a lawyer to ensure you present your claim correctly.
To optimize your financial settlement, an experienced attorney can:
- Clarify the benefits of a lump sum settlement versus monthly compensation
- Accurately assess and document your average weekly wages
- Document all the medical care your injury or illness will require
- Negotiate with the workers’ comp insurance adjuster for you
- Examine your claim for possible third-party compensation
A lawyer can also ensure you receive fair compensation for your injuries and their related expenses and losses. Their goal during settlement negotiations is to ensure you know how much compensation you are entitled to recover and fight hard for the best possible financial outcome.
It Costs Nothing Upfront to Hire an Atlanta Workers’ Comp Attorney
O.C.G.A. § 34-9-108 establishes parameters for attorney’s fees for workers’ comp claims. Worker’s comp lawyers typically work on contingency—they cover all the upfront costs of your case and receive compensation only if you do.
This fee structure has many benefits, including allowing you to start fighting for benefits immediately and not requiring you to pay anything out of your pocket. You only compensate your personal injury law firm if and when your attorney negotiates a settlement agreement on your behalf. Plus, you will owe no fees if you do not receive compensation.
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Find Out How Our Lawyers Can Help Streamline the Workers’ Comp Settlement Process in Atlanta
If you or a loved one was hurt at work, you could be entitled to workers’ compensation benefits in a lump sum settlement. At Bader Scott Injury Lawyers, we can help you effectively handle the negotiation process.
Find out how much your work injury claim is worth and how long your workers’ comp settlement might take in Atlanta. Contact one of our consultation team members today for your free, no-obligation claim evaluation.
Call or text (404) 888-8888 or complete a Free Case Evaluation form