There is no average settlement for a workers’ compensation claim in Georgia because these payments depend on many factors that are unique to each case. Some workers’ compensation claims result in settlement agreements, while others are paid out weekly.
In fact, it is not uncommon for workers’ compensation insurance companies to offer a settlement to an injured worker, and the thought of a lump sum payment may be attractive to someone who is out of work because of their injuries. However, it is important to remember that a settlement in these cases is always voluntary. Both the injured worker and the insurance company must agree to a settlement.
Understanding the Fair Value of Your Claim
Georgia’s workers’ compensation is typically two-thirds of the worker’s regular income, with a $675 per week limit. A settlement may reflect this value, as well as factors such as the costs of treatment, the length of the disability, the worker’s ability to return to their job, and other factors.
However, there are many variables that go into determining what a fair settlement should look like in any individual case. The best way to learn what a fair settlement might look like based on the specific details of your case may be to speak with a Georgia workers’ compensation attorney from our team who regularly handles cases similar to yours.
You May Want Our Firm’s Help with Calculating the Value of Your Case
A workers’ compensation insurance company may try to convince an injured worker to agree to a settlement very early on. This may occur before the worker understands the extent of their injuries, the treatment they require, their prognosis, and how long they may miss from work. Without this information, it may be impossible to know what a just payment for lost income might look like.
If the workers’ comp insurance company offers you a settlement and you are unsure if it compensates you fairly, a workers’ compensation lawyer from our team may be able to evaluate your case and determine a just settlement value. We can also communicate with the insurance company on your behalf if we represent you.
Agreeing to a Settlement May End Your Right to Further Benefits
Accepting a settlement could require the worker to sign a document that releases them from any entitlement to further workers’ compensation benefits related to this particular injury or claim.
In other words, if you sign off on a settlement offer that does not cover all of your losses and you realize this later, there may be no route for you to obtain further compensation. For this reason, it is imperative that you fully understand your agreement and limitations before you sign the stipulation and agreement.
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Georgia Law Provides Most Workers with Workers’ Compensation Coverage
According to the Georgia State Board of Workers’ Compensation, any employer in Georgia who has at least three employees must provide insurance coverage that pays out financial benefits for employees who are hurt or become ill at work because of their job.
These benefits may provide no-fault coverage of medical treatment and care, income benefits, other expenses, and death benefits for family members of workers who pass away because of their injuries.
Workers’ Compensation Claim Rules
The rules for receiving these benefits may require workers to notify their supervisor or human resources representative as soon as possible following their accident or illness, get prompt medical care, and follow through with all treatment recommended by the doctor. The physician may also determine when the worker is able to return to work on light duty or released to return at full capacity.
The specific rules that pertain to your case should be spelled out in the details of your employer’s workers’ compensation insurance policy.
You May be Able to Pursue a Third-Party Lawsuit
If you are facing serious injuries and you are concerned about the ability of a workers’ compensation claim to cover your medical costs and losses, we may be able to help you file a personal injury lawsuit.
You could be eligible to pursue a third-party claim or lawsuit if a third party’s negligence was responsible for your accident and injuries. Potential liable third parties may vary based on the details of your case, but may include:
- Vehicle drivers
- Equipment or parts manufacturers
- Cargo loading companies
- And more
Essentially, if someone else’s negligence led to your accident and injuries, we may be able to help you pursue a personal injury lawsuit. However, you will not be able to file suit against your employer. If we can build evidence for a third-party claim or suit, we could recover additional forms of compensation for you, including pain and suffering damages.
You Have a Limited Period of Time to Pursue Compensation
If you are eligible to file a lawsuit, we will have to do so within a limited period of time. According to O.C.G.A. § 9-3-33, you have up to two years after an accident to file. The sooner you get started on your case, the sooner we can tell you about your legal options and protect all of your legal rights.
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Work with Bader Scott Injury Lawyers on Your Claim
At Bader Scott Injury Lawyers, we can help you take steps to file your claim, explore your options for settlement or continued weekly benefits, or better understand your situation and rights. We can handle the workers’ compensation process for you from start to finish, allowing you to focus on your treatment and healing. We can also help you appeal wrongfully denied benefits.