Legal Question in Workers Comp in Georgia

w/c settlement

apparantely I have reached mmi, and the comp adjuster has asked if I would consider a lump sum settlement. This question has come up several times, and I haven't given an answer as yet.

how is the usual settlement decided as to disibility and number of years that I will be unable to work?


Asked on 8/24/07, 10:44 pm

4 Answers from Attorneys

SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: w/c settlement

This is a question that you should employ an attorney to answer and represent your interests in a fair settlement.

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Answered on 8/24/07, 11:06 pm
Lisa Schrage Law Offices of Lisa S. Schrage, P.C.

Re: w/c settlement

The settlement value of a workers’ compensation case is very case specific. When I evaluate and send a settlement demand in my cases, I look at the potential exposure the workers’ compensation carrier has. This includes indemnity benefits, permanent disability benefits (the impairment rating) and medical expenses. If the employer/insurer has already paid medical and wage loss benefits, then you have to evaluate how much they may have to pay in the future. A good starting point is to demand their maximum exposure and then negotiate down from there. However, keep in mind that an insurer is usually not going to settle for their maximum exposure because it would not make financial sense for them to do so. There are several factors which effect whether the employer/insurer will have to pay maximum exposure. Some factors may include the employer’s ability to offer you a light duty job (which will negate their exposure for indemnity benefits); the likelihood you will return to work earning your pre-injury wages; conversion of benefits from ttd to tpd based on a light duty release from your treating physician; etc. Good luck and feel free to contact my office if you need any assistance in your claim.

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Answered on 8/28/07, 11:24 am
Tom Brown Burdine & Brown

Re: w/c settlement

There are numerous factors to consider in settlement. I was an adjustor a number of years ago. The key is: how much longer will the worker be eligible to draw TTD benefits. Then there are other factors: what is the PPD rating, will the worker be eligible for SSDIB, are the limitations to work permanent or only temporary, is there work at the place of injury that is within the limitations as set out by the doctor. There are other questions but these are major ones that every adjustor wants answered. I would not suggest you settle your claim by yourself. The lawyer can generally get you much more because the lawyer will develop the case facts. Do not go to a tv lawyer,,,all the want to do is settle for the lowest common denominator and move on to another case. Good luck. Tom Brown

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Answered on 10/10/07, 1:49 pm
Scott Delius Delius Law Firm, P.C.

Re: w/c settlement

I will be happy to discuss your case with you. We handle cases all over the State of Georgia. Toll free 866.352.3311.

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Answered on 8/25/07, 10:47 pm


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