Legal Question in Workers Comp in Georgia
What about of settlement should I expect?
I was injured in a car accident in Dec. 2004 while on the job. Workers comp accepted responsibility and paid my medical and PT expenses. Extensive injuries included broken femur, broken (upper) arm, fractured liver (which required surgery for continued bleeding), broken ribs, punctured lung, etc. Spent 24 days in ICU. After several months recovery at home, Dr. declared me at 7% disability, and worker's comp paid several months worth of benefits based on that rating. Now it is 2 years later and while I am able to work, I still have little strength in my arm, and I walk with a limp (and occasionally my leg gives way and I nearly fall). Some days are pretty painful, although I manage to hold down a full-time job. One year ago, they asked if I wanted to settle (not naming a figure) and I declined. Nothing else has been mentioned. Can you give me a vague figure for settlement for these type injuries and also will my time run out for settlement?
1 Answer from Attorneys
Re: What about of settlement should I expect?
There are a number of factors that you can include in your calcluation of what an appropriate settlement might be. The insurance company will settle a case to reduce its risk of future financial exposure. Here are some factors to consider:
- future TTD (monthly benefits arising from loss of work). Is it likely that you will go back on weekly wage benefits because of your accident? My concern here would arise from the fact that you a lot of time has passed since your accident and you have gone back to work. I think that establishing a link between your original accident and current lost time from work would be difficult.
- permanent partial disability - it appears that the insurer has paid your PPD based on what you say in your question
- future medical costs - there is some exposure here because you are still having problems
- transporation costs - some exposure here because there may be additional medical costs
The big issue here - has your case gone stale? Workers comp is all about timing and if you do not work to settle where there is maximum uncertainty, your settlement value goes down.
Email me directly if you want to discuss specifics. I'll also post your question on my blog at www.georgiaworkerscompblog.com.
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