Legal Question in Workers Comp in Georgia

Re: What should I do?

These are all good questions and you have reason for concern. An employer is only forced to pay a PPD rating once the authorized treating physician returns the injured worker back to work. I am assuming you have been returned back to full duty work as they are offering to pay the PPD rating. Additionally, if you are not satisfied with your PPD rating the authorized treating physician has given you, you have the right to request an independant medical examination. Although in your case you have quite a high PPD rating and there is always the possibility that an independant physician would give you a lower PPD rating based on the American Medical Association guidelines. Having said all of this about your PPD rating, lets turn to any settlement amounts above and beyond the PPD rating. Workers Compensation pays for two types of damages only. 1. 2/3 of your avg. weekly wage for 400 weeks capped, and 2. medical expenses associated with a work related injury. If you are no longer out of work the employer no longer must pay wage loss benefits. If you need future medical care, the employer must either pay or refuse to pay the future medical expenses as they occur, pay them in a lump sum or leave open a certain amount of time for medicals to be covered and settle. Seems to be that in your case you will continue to need at least some monitored medical care and will continue to have costs associated with your continued pain. I believe your case needs a closer evaluation to determine if future medical costs might factor into any settlement negotiations.

Discount the employer's attorney stating that if you do not settle now you may not get anything. This is not to say they may take the settlement offer off the table, however, they too can get an independant physician to give a second opinion on the PPD rating in attempts to get a lower rating, thus lowering the overall value of your case. I used to defend employers so I know what they are up to.

I would certainly be happy to speak with you directly if you feel you might need further assistance.