What is a settlement?

A settlement is defined in legal circles is a mutually agreed upon agreement between two disputing parties which can be reached either before, during, or after the court action has occurred. However it does have other meanings where the law and trials are concerned. In workers comp cases, a settlement is compensation for lost wages, medical care, and even death benefits for survivors that are necessitated by virtue of an on-the-job injury. Typically, these benefits come in three primary types of benefits:

PPD or Permanent Partial Disability; TPD or Temporary Partial Disability; TTD or Temporary Total Disability

Additionally, you are entitled to medical care and treatment at the expense of your employer and in some instances, should you die from an accident and injury on the job, your dependent spouse and children may receive benefits as well.

Settlements in workers comp cases

In order to file workers compensation claims, as well as requesting a hearing or mediation when your employer or their insurer refutes the claim, you need to complete and file a Form WC-14 ("Notice of Claim/Request for Hearing/Request for Mediation"). However, an additional form regarding filing for a settlement is required. This is a Form WC-100 which is entitled "Request for Settlement Mediation" and is typically filed when the possibility of an agreed upon settlement is the next step.

What issues can be mediated at a worker’s compensation hearing?

There are 6 key issues that can typically be mediated whenever your workers compensation claim has been denied and you have filed for a hearing or mediation. Quoting the Georgia Workers Compensation website these include:

Settlement conferences where all parties are agreeable to Board assistance with settlement negotiations; Medical issues including change of physician and payment of bills which involve a compensable medical condition; Suitable light-duty employment issues and suspension of benefits; Rehabilitation issues and disputes in compensable cases which have been designated catastrophic; After a case has been settled, attorney fee liens and disputes involving the reasonable value of services rendered; Determination of the correct average weekly wage"

If you need further assistance with filing your workers compensation claim or have any questions regarding the filing process and what can ensue, please contact us and discuss your circumstances with an experienced workers compensation attorney. We are here to help you and can see that you receive the benefits that you deserve.