Atlanta Personal Injury Lawyer Blog

What happens if a worker's compensation claimant represents themselves?
Worker's compensation attorney Richard Griffin of The Griffin Law Firm, P.C. has focused on worker's compensation and personal injury since 1994. During these years of practicing law, he has seen a clear pattern that injured workers who handle their own Georgia worker's compensation claims have a frustrating experience that rarely if ever ends in a good worker's compensation settlement.

Further worker's compensation lawyer Richard Griffin concluded, "Worker's compensation claimants who do not have representation often have their income benefits stopped prematurely, their medical bills not paid timely or at all, and have a difficult time getting the medical treatment they need authorized."

Why is it so important to hire a worker's compensation lawyer?
Worker's compensation law firms like The Griffin Law Firm, P.C. have noticed that without the protection of an experienced worker's compensation attorney, injured workers are truly at the mercy of the worker's compensation adjuster assigned to their case. Often worker's compensation adjusters deny medical treatment even when it is being recommended by the authorized treating physician. Worker's compensation attorneys are needed to make sure the adjuster authorizes the needed and recommended treatment rather than denying it simply because it is an expensive medical test or treatment. Worker's compensation attorney Richard Griffin has found that he is able to resolve conflicts with the the worker's compensation adjuster through phone conferences, letters, motions, and when all else fails through hearings at the State Board Of Workers' Compensation. If an injured worker represents themselves, then they do not know their rights and do not know how to litigate if needed to enforce those rights.

How do I know what my worker's compensation case is worth?
The settlement value of any worker's compensation claim is usually based on the future exposure of the worker's compensation claim. It could also include any past medical bills, income benefits, or permanent partial disability benefits that have not been paid yet, but are currently due or past due. Further exposure for worker's compensation claims is based on how much money the insurance company will have to pay in the areas of income benefits, medical expenses, and permanent partial disability benefits.
(1) Income Benefits (TTD or TPD): Experienced worker's compensation attorneys will be able to calculate the total exposure in the area of income benefits [temporary total disability income benefits (TTD) and temporary partial disability income benefits (TPD)]. Normally this calculation is determining how many weeks remain out of the 400 week maximum from the date of the accident. The income benefit exposure can be for life if the case is designated a catastrophic worker's compensation claim. Worker's compensation lawyers are vital in establishing what the future income benefit exposure is since the value of the worker's compensation claim is greatly impacted by the income benefit exposure. Often worker's compensation doctors will return the injured worker too soon which allows the adjuster to stop or suspend income benefits. Good worker's compensation attorneys can use the Claimant's one time independent medical examination and their one free change of authorized treating physicians to establish that income benefits should be continued or started again if they have already been prematurely suspended.
(2) Medical Expenses: Often good worker's compensation attorneys will look to the past medical payments each year to help establish a pattern of what the future medical treatment is likely to cost. Another important factor is to have the worker's compensation doctors provided a future treatment plan with cost projection. Medical expenses are paid according to and pursuant to the workers' compensation fee schedule. Worker's compensation lawyers are very helpful in establishing what exposures there are for future medical treatment. If the worker's compensation claim has been designated catastrophic or if the worker's compensation claimant is eligible for Medicare, then a Medicare Set Aside is normally required. The settlement negotiations become very complicated and certainly require the advice of a good worker's compensation attorney whenever a Medicare Set Aside (MSA) is required.
(3) Permanent Partial Disability Benefits (PPD): These benefits are based on the permanent partial disability rating that the worker's compensation doctors assign. The permanent partial disability rating normally uses the American Medical Association (AMA) Guidelines for evaluating permanent impairment ratings. Once the permanent partial disability rating is established, then seasoned worker's compensation attorneys can calculate the permanent partial disability benefits (PPD) based on the formula provided in the Worker's Compensation Act [comp rate x PPD rating x the number of weeks the statute assigns to the injured part of the body used in the rating]. Good worker's compensation lawyers can even help you obtain a one time Claimant Independent Medical Examination (IME) to negotiate a higher permanent partial disability rating (PPD rating) and benefit.

How can I get a free consultation about my worker's compensation claim?
Attorney Richard Griffin will provide anyone who has a worker's compensation claim with a free consultation. During this consultation, worker's compensation lawyer Richard Griffin will answer all of your legal questions about your worker's compensation claim. He will also explain your worker's compensation claim rights and will let you know the possible settlement value of your case.
(1) Free Phone Consultation: Please call 866-847-6545.
(2) Free Internet Consultation: Submit your case to the following link: [FREE CONSULTATION]
(3) Free Office Conference: After a free consultation, we can schedule a free office conference if you have a case that we accept.