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How Do You Settle a Workers’ Compensation Claim?

On Behalf of | Jul 3, 2021 | Workers' Compensation

Two Types of Benefits That an Injured Worker Receives

Unless a workers’ compensation claim is categorized as catastrophic by the Georgia Workers’ Compensation Board (SBWC), there are only two types of benefits that an injured worker receives.

  • Medical care for the injury caused by the accident, and
  • Weekly disability benefits that fall into 3 categories:
    • Temporary Total Disability Benefits,
    • Temporary Partial Disability Benefits, and
    • Permanent Partial Disability Benefits.

Settlement of a workers’ compensation claim is payment of the insurance company’s future exposure.  The past benefits do not figure into settlement since these have been paid.

What an Insurance Company Looks at When Settling a Case

Here we will discuss what an insurance company looks at when settling a case in which medical expenses are being paid and weekly benefits are being paid.

  • Will you continue to need medical care in the future and if so, how much will the insurance company pay according to the SBWC medical fee schedule?
  • How much are you weekly benefits and how much longer will the insurance company have to keep paying you.

Once the above amounts have been calculated, the insurance company will want you to accept less than the full amount.

What Can a Lawyer Do to Help You Get More Money?

The insurance company will always estimate the least it will have to pay to try to get the case for as little as possible.  A competent lawyer will develop the case to show what injuries may have not been treated, but need treatment, whether what you are being paid each week is a correct amount, whether the case may become catastrophic, and how long benefits will continue.  By pushing up what the insurance company may need to pay in the future, the amount paid today will be higher.