Legal Question in Workers Comp in Georgia

workers comp

how does you come up with an amount if company wants to settle your case and have not had surgery yet on back injuery

Asked on 7/18/08, 8:22 am

4 Answers from Attorneys

Lisa Schrage Law Offices of Lisa S. Schrage, P.C.

Re: workers comp

Each case is different. However, settlement of a workers� compensation case is based on past and present wage loss benefits (ttd and tpd), the permanency of the injury and medical expenses (you cannot collect money for pain and suffering). If an employee is drawing wage loss benefits when settlement becomes an issue, I look at the carrier�s exposure (how long will they likely have to pay those wage loss benefits) to put a number on future benefits. Whether the carrier will have to continue paying wage loss benefits depends on factors such as the employee�s work status (on restrictions and limitations or released to regular duty) and/or whether the employer can offer light duty work if the employee has restrictions. Settlement may also include money for the permanency of the injury, which is based on any impairment rating assigned by the doctor. Lastly, part of the settlement should compensate you for any future medical expenses. Sometimes carriers will agree to keep the medical open for a short period of time, but most want to completely close the claim which means you will be responsible for any future medical expenses. If surgery is being recommended and is needed, you may want to rethink whether this is the right time to settle your case unless the carrier is willing to leave the medical open indefinitely.

Good luck to you and feel free to call or email me if you have any questions.

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Answered on 7/23/08, 10:08 am
Michael Parsons Parsons Law Group, LLC

Re: workers comp

If you have not already spoken to an attorney, please give us a call. You will speak with a workers comp attorney specialist and not a secretary or paralegal. There is no charge for calling.

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Answered on 7/22/08, 4:35 pm
Scott Delius Delius Law Firm, P.C.

Re: workers comp

Please call us and we can talk about what it takes to evaluate and settle a workers' compensation case. Toll free 866.352.3311. We handle cases all over the State of Georgia.

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Answered on 7/18/08, 8:24 am
Lee Biola Law Office of D. Lee Biola, LLC

Re: workers comp

You should be very careful in settling a workers compensation case when the doctor has recommended surgery, but you have not had it yet. In most cases, there will be no medical coverage for your surgery after settlement.

It is usually best to settle the case after surgery, unless you have decided that you do not want the surgery.

There are many factors to consider in settling a case and, with a case involving back surgery, you will want to consult an attorney to see how those factors affect the specifics of your case.

Lee Biola

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Answered on 7/18/08, 9:55 am

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