WORKERS' COMPENSATION SETTLEMENT INFORMATION

When the workers' compensation insurance company is considering settlement of a workers' compensation claim they look at three primary factors in determining the value of a workers' compensation claim in Georgia.

The three things are:

1. Temporary total disability/temporary partial disability/income benefits/weekly checks;

2. Medical costs;

3. Permanent partial disability.

Section No. 1 - Temporary Total Disability/Temporary Partial Disability/Income Benefits/Weekly Checks.

This is the weekly checks received, if a doctor takes you out of work completely for more than seven days. If you are not taken out of work completely, you may qualify for temporary partial disability. Temporary partial disability is when you are working back at work in a light duty capacity and you are not working the full amount of time therefore if you are working less hours in a light duty capacity there is a possibility that the workers' compensation insurance company will have to pay part of the money you earn. So you will receive a check from your employer for the work you do there and then a small check from the insurance company.

You are entitled to these benefits for 400 weeks from the date of accident, unless there is a change in condition. A change in condition would be released to light duty work by a doctor, or released to fully duty work by a doctor, or released in a position where you can perform some type of work. If you are seriously injured and unable to work in any capacity in any job, your claim may be what is called a catastrophic claim. There are certain types of injuries that are automatically catastrophic claim. This is not the scope of this document and requires a great deal more of information. For more information on if your claim is a catastrophic claim you should speak with an attorney immediately.

Section No. 2 - Medical Expenses

This is the second thing that the insurance company looks at in determining the value of a workers' compensation settlement. Medical expenses are self-explanatory but they are basically your doctor's visits, your physical therapy visits, prescriptions, transportation costs related to transporting yourself to your medical appointments as well as medical supplies if you are prescribed for example a cane (they estimate the future value of your medical expenses based upon your current medical condition and the information that the authorized treating physician provides them.)

Section No. 3 - Permanent Partial Disability Benefits

Under Georgia workers' compensation law injured claimants are entitled to payment for their permanent partial disability. Permanent partial disability is an impairment rating that is determined by a doctor based upon the injured claimant's condition. These ratings are normally given at the end of treatment once claimant has reached maximum medical improvement. Most doctors do not give impairment values prior to releasing a patient from care. If a doctor has not provided a permanent impairment disability percentage, then it is to be estimated.

Conclusion

The insurance company does not and will not pay Georgia workers' compensation claimants personal pain and suffering. This is not a factor in their settlement negotiations nor will the law require them to pay for pain and suffering. The three items mentioned above are the only things that they consider in contemplating settlement. And it is also important to remember WORKERS' COMPENSATION INSURANCE COMPANY OF GEORGIA IS NOT REQUIRED TO SETTLE YOUR CLAIM.

If you have specific questions about your Georgia workers compensation you should speak directly with a Georgia workers compensation lawyer.