by Jay
Atlanta Workplace Injury Attorney
Atlanta Workplace Injury Attorney: Should You Settle Your Workers’ Compensation Case?
If you have a workers’ compensation claim, you might be considering settling it and trying to work out how much money you should get. You should understand both what you gain—and what you give up—by settling. A workers’ compensation settlement provides a large sum of money upfront, but be sure you understand what you are giving up. Therefore, it is a good idea to consult with an experienced Atlanta workplace injury attorney who specializes in workers’ compensation law to find out if the settlement offer is fair.
Often, a workers’ comp attorney can negotiate a higher settlement with the insurance company than you could do on your own. In that case, you will still come out ahead after the attorney’s fee is taken out of your settlement, because workers’ comp lawyers generally charge a percentage of what you receive.
Here is some useful information that might help you decide whether to settle your workers’ compensation case.
No More Weekly Benefits
The first thing to know is that, if you settle your workers’ compensation case, you can never again receive any weekly benefits for that injury. Settling a workers’ compensation case closes that part of the case.
Medical Payments Might Continue
Some states require the insurer to continue paying medical benefits after settlement, but other states allow insurers to terminate medical benefits upon settlement of a workers’ compensation case.
You should check with your state’s workers’ compensation agency or a workers’ compensation attorney in your state to find out whether your state requires medical payment benefits to continue after a settlement.
Even in a state where medical benefits are supposed to continue after settlement, be aware that if you settle your workers’ compensation case, the insurer will likely be reluctant to continue paying for your medical benefits.
You might find that your medical bills don’t get paid quickly or even at all. If this happens, you will need to file a claim with your state’s workers’ compensation agency to force the insurer to pay your medical bills.
The Settlement Must Be Approved by the State Workers’ Compensation Agency
Just because you, your lawyer, and your insurer agree to settle the case does not mean that it will be settled. Most, if not all, states require that you and the insurer submit the proposed settlement to the state workers’ compensation agency for approval.
The agency will hold a hearing, and the workers’ compensation judge or hearings officer will review the proposed settlement with you. Only if the judge or hearing officer is satisfied that you voluntarily agreed to the settlement, that you understand the settlement terms, and that the settlement is in your best interests, will the settlement be approved.
It is not unusual for judges or hearings officers to reject the settlement if they believe that the injured employee didn’t get enough money from the settlement.
How To Determine The Amount of a Workers’ Compensation Settlement
Because workers’ compensation benefits have nothing to do with pain and suffering (unlike a personal injury claim), calculating the value of a workers’ compensation settlement is based primarily on two things:
- the amount of workers’ compensation benefits that you might be entitled to in the future, and
- the likelihood of actually receiving those benefits.
Estimate the Amount of Future Workers’ Compensation Benefits
Your future workers’ compensation benefits are based on the medical evidence in your case and how long your state’s workers’ compensation laws allow you to receive those benefits.
As an example, let’s say that you are on temporary total disability, that all of your doctors, as well as the insurer’s doctor, agree that you will be totally disabled for another two years and that you’ll then be fully recovered from your injury, with no permanent impairment.
In that case, you would be entitled to another two years of temporary total disability benefits, so it wouldn’t make sense to settle your case for a lump sum less than the value of two years of temporary total disability benefits unless you really need the money right now.
Even then, if you have an Atlanta workplace injury attorney, it might not make much sense to settle the case at all because your attorney’s fees will come out of the settlement.
Consider the Likelihood of Receiving Your Benefits
Let’s change the above example a little. Let’s say that the insurer’s doctor thinks that you can return to work now, and you have a hearing coming up next week in which your benefits might be terminated.
Now, your future entitlement to benefits could be anywhere from one week to two more years of weekly compensation.
Let’s also say that you and your lawyer agree that the insurer’s doctor’s opinion is stronger than your own doctor’s opinion. In that case, it is more likely than not that you will only get another week of benefits, and so you might want to settle your case before the hearing for an amount that reflects your likelihood of having your benefits terminated at the hearing.
What If You Are on Permanent Total Disability?
Estimating the value of a settlement is more complicated if you are on permanent total disability because your weekly benefits might continue for decades. Thus, an estimate of the settlement value must consider the present value of your future entitlement to benefits.
Present value is a financial concept that involves determining the value of a future stream of income (for example, future weekly workers’ compensation benefits) as if it were all in a bank account today.
In other words, how much money does the insurance company need in a bank account today to pay you weekly benefits for, say, the next twenty years? This is a complex financial calculation.
If you are on permanent total disability and do not have a lawyer, you should not consider settling your case without speaking with an Atlanta workplace injury attorney.
Settlement Structure
The actual wording of the settlement can be important to protect your right to other types of benefits in the future. This is where the fee for a workers’ comp attorney can really pay off.
For example, say you apply for and receive Social Security disability benefits. Those benefits could be lower because of your workers’ comp settlement—if it wasn’t worded in a certain way.
Also, before you sign any settlement agreement, make sure you know the answer to these two questions:
- Will your workers’ comp claim be completely closed following the settlement, or will it stay open (or can it be reopened) to pay for future medical costs?
- Does the settlement amount represent all new money, or does it include permanent disability advances that you’ve already received?
The details of a workers’ comp settlement can be tricky. Unless your permanent disability is rated 10% or less, you should strongly consider speaking to an experienced workers’ comp lawyer about your options for settlement and what a fair amount would be for someone with your medical impairments.
Judge’s Review of the Settlement
In most states, a workers’ comp judge will have to review your settlement before it becomes official. This will take place at an informal conference.
If you are not represented by a lawyer, the judge may attempt to make sure the settlement is fair to you. But without knowing your medical history, the judge is limited in helping you.
Atlanta Workplace Injury Attorney
If you need an experienced, professional, reputable, and dedicated Atlanta workplace injury attorney to represent you, contact Bobe & Snell Law Office LLC today. We will fight aggressively and tirelessly for you so that you settle your case in a way that ensures you get the workers’ comp benefits that you need and deserve.
Call us now at (470) 268-5802 or get in touch with us online to schedule a FREE, NO-OBLIGATION case review and consultation.
Atlanta Workplace Injury Attorney
by Jay
Work Related Injury Lawyers
Accidents can occur at workplaces anytime and the victims go through a lot physically, emotionally, and financially. If you are injured at your workplace, you will need some time off from work to recover from the injury. During this time, life won’t be easy considering huge medical bills and lost wages, especially if you are the breadwinner of your family. Thankfully, you can file a workers’ compensation claim to get benefits to cater to your medical care and support your family to try to get your life back on track. Work related injury lawyers Atlanta can help workplace accident victims to get the compensation that they deserve for their injuries. However, how do you choose the right attorney to work with as you pursue compensation for your work-related injuries? Choosing the right lawyer is one of the most important things to do, especially if you want to increase your chances of getting the workers’ compensation that you deserve. Your choice of lawyer can make or break your case!
Like therapy or a good mechanic, it’s normal to shop around for an attorney. Most attorneys offer a free consultation and case evaluation so you can sit down and find out as much as you can about his or her legal practice and expertise.
So, read on to find some questions to ask when choosing the right workers’ comp attorney to handle your case. By asking the following questions, you will have a good understanding of whether or not your lawyer has the relevant experience and expertise to represent you and your case.
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What is Your Success Rate Settling Workers’ Compensation Cases?
You don’t need to spend an eternity grilling a potential workers’ comp attorney about their past successes and failures. But you want to get a real sense of their success rate over their career so far.
A good lawyer will already anticipate this question. So, when you ask, it is a good sign if they share a ballpark percentage for their success rate.
While there is no right or wrong answer, there is some sense that a higher success rate is a better indicator of performance and capability than a lower success rate.
If you notice the attorney acting evasive, or you think they may be embellishing their accomplishments, these are red flags to keep in mind as you proceed with the rest of your questions.
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What Benefits Do I Qualify For?
Particularly during your free case evaluation and review, one of the most important questions to ask is about the benefits and compensation you stand to receive.
Suppose you were injured in the workplace. In that case, you are at least entitled to compensation to cover any medical treatments or rehabilitation that are required for you to recover, get well and return to work.
You may also be eligible for either temporary or permanent disability benefits to cover lost wages or compromised earning potential if you missed a considerable amount of work because of your injury.
If you have a valid worker’s comp claim, then an experienced attorney will be able to give you a good idea of the possible outcomes for your case in terms of what kinds of benefits you may expect to receive.
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Does It Matter If the Accident Was My Fault?
Unlike personal injury claims, such as a car accident, fault is seldom a key factor in workers’ comp claims in Georgia— it does not matter whose fault the accident was.
If an employee gets injured in the workplace, he or she is entitled to workers’ compensation benefits, even if they were at fault for the accident (with some exceptions, such as misconduct at the workplace).
This is a delicate topic because any time an accident occurs, victims naturally wonder whether they could be liable in some way. A knowledgeable, experienced, reliable, and dedicated workplace injury attorney at Bobe & Snell Law Office LLC will be able to give you more details and clarity about the extent of fault in your worker’s comp case.
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How Much Will It Cost to Hire A Workers’ Comp Attorney?
The subject of the legal fees will inevitably come up during your conversations sooner or later.
The good news is that the vast majority of work related injury lawyers Atlanta will represent you on a contingency fee basis. This means that you will pay nothing upfront to hire an attorney to handle your workers’ comp claim.
Instead, the lawyer will take a percentage of the financial compensation you are awarded from a negotiated settlement or for a winning verdict in a court trial.
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How Long Do I Have to File My Workers’ Comp Claim?
In every state, there is a statute of limitations. This regulation is the window of time following the date your accident occurred. In Georgia, the statute of limitations for workers’ compensation claims is one year from the date of your accident, and you have 30 days to give notice of the injury to your employer.
In some states, it may be two years, and some even longer than that. Depending on your state, a workers’ compensation attorney will be able to provide further guidance and recommendations for how to file your worker’s comp claim within the required timeline.
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Will I Work Directly with You Throughout the Case?
Once you get some answers about legal fees, the benefits you might qualify for, and how long you can expect the process to take, you will want to ask your attorney, who will be your main point of contact throughout the process.
Depending on the firm’s size and the number of key personnel working there, you may not always be paired directly with the lead attorney. Usually, an established law firm has a team of work related injury lawyers Atlanta and other staff who are assigned different cases and claims to handle.
Even if the attorney is doing the bulk of the work towards your case, there is a chance you may be working directly with a subordinate, such as a paralegal or an associate.
You want to confirm your main point of contact before you get started working together at a professional level. Settling workers comp claims/cases can take weeks, months, potentially longer, and you owe it to yourself to ask who will be guiding you through the process most directly. That way, when you have questions or concerns, you will know what to expect and who to turn to with your questions and concerns.
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Do You Have Experience Taking Cases to Court?
In most cases, workers’ comp claims will be resolved out of court with a settlement. But if the settlement value offer is not reasonable in your estimation, then filing a lawsuit may be the next logical step towards seeking fair compensation.
If there’s even a chance of trying your case in court, then you want to be sure that your lawyer has ample experience trying cases in court. They by no means must be a dedicated trial attorney, but they should have adequate experience and confidence litigating cases in court.
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Have You Handled Cases Like Mine Before?
In addition to asking for clarity about the experience of your workers’ compensation lawyer, it is helpful to ask if they have experience handling cases like yours before.
If it turns out they have, then it stands to reason that they are capable and qualified to represent yours as well. In other words, you want to make sure this isn’t your lawyer’s first case. If they have represented clients like you, your experience will likely be more productive.
Looking for An Atlanta Workers’ Comp Attorney to Hire?
If you have been injured at your workplace and intend to file a workers’ compensation claim to recover damages. Bobe & Snell Law Office LLC is a reputable law firm with a team of highly qualified, experienced, professional, reliable, and dedicated work related injury lawyers that you can count on to represent you and help you file a successful claim or lawsuit to litigate the case in court if necessary.
Work Related Injury Lawyers
Whether negotiating a settlement or filing a lawsuit and representing you in the trial in court, we will always look out for your best interests, doing everything we can to ensure you get the fair compensation that you deserve. We will fight aggressively and tirelessly for you!
Call us today at (470) 268-5802 or contact us online to schedule a FREE, no-obligation consultation or case review with our workers’ comp attorney.
Work Related Injury Lawyers
