After an endless road of submitting documents, answering questions, and meeting with your workers’ compensation lawyer, you are finally offered a settlement from the insurance company. Here are answers to a few questions about what to expect with the settlement process.
1. Will my settlement be in one lump sum, or do I get more later?
In Georgia, because insurance companies are trying to limit their future risk of having to pay out weekly checks and medical care, they almost always choose to offer a settlement in a one time lump sum payment. Your weekly benefits will stop once you receive the payment—even if you have a future complication or an injury flare up. You will not be able to receive any future checks for this injury. The settlement has to be a voluntary agreement where one side cannot force the other side to settle. And a settlement is considered final once approved by the Georgia State Board of Workers’ Compensation. In other words, you can’t change your mind and change it.
2. If I keep fighting, will I end up getting more money?
This is a significant question and one you should ask your lawyer. Your attorney is there to fight for youe rights as an injured worker and give you the best possible advice. Their experience and expertise will help you value your case to decide whether the settlement offer is sufficient or if further negotiations might result in a higher settlement amount. Here are some things to consider as you decide whether or not to accept an offer:
- Is this settlement going to provide enough for any future medical treatments? You want to make sure that any future medical care cost is included in the lump sum. Compare what is being offered to any treatments you foresee in the future for this injury.
- Does the settlement provide adequate compensation for your lost wages? This is a calculation that your lawyer can help you with to make sure you are compensated for future lost income.
- Does the settlement protect you should you require future Social Security disability? Make sure that the settlement agreement is written so that you get future social security benefits in addition to your workers’ comp benefits.
- Do you have any settlement options? Consider any options you have if you choose not to accept the offer. Your lawyer will know if the offer is too low and that further negotiation are needed.
3. How long does the process take?
The settlement process is long. Attorney’s and insurance companies work at a slow speed even during the settlement process. Plus, the settlements require approval from the Georgia State Board of Workers’ Compensation.There is no way to predict how long your particular settlement will take but here is an outine of the process.
- Settlement Negotiations. This is when your lawyer and the insurance company will work to agree on a number. This can take anywhere from hours to days to weeks.
- Settlement Documents. You will have to sign documents such as a general release, a covenant not to appeal, a confidentiality agreement, an indemnification agreement, a document about social security disability, and several others. After these documents are signed, everything will be sent off for approval.
- Receipt of Money. Once the settlement is approved, you will recieve your payment within 20 days of the order.
Workers’ comp settlements are difficult and require extensive knowledge and skill. You want to discuss your situation with a dedicated workers’ comp attorney to make sure the settlement you are offered will cover all of your treatment and lost income. Remember, once you accept a settlement offer you cannot go back to weekly benefits—or make a claim in the future on the same injury.