Atlanta Personal Injury Lawyer Blog

Attorney Richard Griffin speaks to potential worker's compensation clients almost every single day who often ask, "I received a check in the mail. Does this mean my worker's compensation claim is settled?" Attorney Richard Griffin always reassures the caller and let's them know that cashing a worker's compensation check does NOT usually settle your worker's compensation claim.

What types of checks do worker's compensation claimants receive?
The types of checks that a worker's compensation client might receive include:

(1) Income Benefits Check: These are the checks that compensate the injured worker for their lost income when their injuries prevent them from being able to work. If they are totally off work due to their worker's compensation injuries, then they receive Temporary Total Disability Benefits (TTD). If they are on light duty work restrictions and back to work but earning less money due to their on-the-job injuries, then they are paid Temporary Partial Disability Benefits (TPD). If the claimant cashes an income benefits check, their worker's compensation case does not settle, but remains open. Worker's compensation attorneys make sure you are paid the correct amount of income benefits and that the payments are received timely.

(2) Permanent Partial Disability Benefits: These are the checks that adjusters pay when a permanent partial disability rating is assigned. This is payment for the partial loss of use of part of the injured person's body. The permanent partial disability rating (PPD) is usually assigned per the American Medical Association (AMA) Guidelines. The formula for PPD benefits is the comp rate times the PPD rating times the number of weeks the Workers' Compensation Act assigns to that part of the body assigned to the PPD rating. [O.C.G.A. Section 34-9-263]. Cashing a PPD check does not settle your worker's compensation claim, but does pay off this portion of the claim unless a higher rating is later assigned. Worker's compensation lawyers make sure you are paid the correct amount of permanent partial disability benefits and that it is paid timely.

(3) Mileage Reimbursement: The claimant is entitled to be reimbursed for his or her mileage to and from the worker's compensation doctors or pharmacy. Cashing this check does not settle your claim.

How do I settle a worker's compensation claim?
Normally a worker's compensation claim is settled when a settlement amount is reached through settlement negotiations. The Georgia Board Of Workers' Compensation does not have the authority to require or order the parties to settle. The court only has the authority to determine if a worker's compensation claim is compensable and rule on the following issues:
(1) Compensability of the worker's compensation claim;
(2) Should medical treatment be authorized and should the insurer have to pay for it;
(3) Should income benefits be paid and if so how much;
(4) Should permanent partial disability benefits be paid and if so how much;
(5) Is the worker's compensation claim a catastrophic claim (life time benefits vs. the 400 week cap on non-catastrophic worker's compensation claims).
(6) Should either party have to pay assessed attorney fees or penalties for failure to comply with the Worker's Compensation Act or Board Rules.

Normally a worker's compensation settlement, to be enforceable, requires a Stipulation And Agreement to be signed by the parties and their attorneys if there are any. Then the Stipulation and Agreement is submitted to the State Board Of Workers' Compensation for their approval. Once approved by the Board, then the worker's compensation insurer has 20 days to pay the settlement amount or face a 20% penalty.

Why do I need a Worker's Compensation Attorney?
Hiring an attorney is the only way to really know your rights, enforce your rights, and obtain a settlement that fully compensates you for your past and future income benefits, medical expenses, and permanent partial disability benefits. Your case may be catastrophic if you are permanently disabled and cannot do any job in the U.S. economy. Catastrophic designations normally require litigation and can greatly increase the settlement value of your case. Catastrophic worker's compensation claims also usually require a medicare set aside to set settlement money aside to cover the cost of future treatment of the worker's compensation injuries that would otherwise be transferred to Medicare.

If you or someone you know has a worker's compensation claim, then you should call for a free consultation to 866-847-6545 or click FREE SETTLEMENT EVALUATION.