Once you have a workers’ compensation claim accepted in the Peach State, it is very likely that the insurance company will try to conclude the claims process with a settlement agreement, or that you will want to pursue such an agreement yourself. Either way, workers’ compensation settlements in Dawsonville are far from uncommon—but as any experienced workers’ compensation attorney could tell you, the fact that settlements are common outcomes for this type of claim does not mean getting a fair settlement offer is easy.
In fact, many people who try to settle their workers’ comp claims without guidance from capable legal representation find themselves overwhelmed by the restrictions set on these cases by state law, delays and pushback from the insurance company, and many other legal obstacles. If you want a fair shot at getting favorable terms for your final workers’ compensation settlement, you should seek help from Smith Hulsey Law as soon as possible.
With very limited exceptions, workers’ compensation claims in Dawsonville and across the rest of the Peach State generally fall into three basic types of settlements. The first and most straightforward is a “global settlement,” which covers all benefits to which the claimant was entitled and permanently closes their claim. Alternatively, it is possible to negotiate a settlement so that “indemnity benefits”—meaning those designed to address wage loss caused by temporary or permanent disability—are permanently settled with a lump-sum or structured payment plan. However, medical benefits can still be available through the ongoing workers’ compensation claim.
Conversely, it is possible to structure a settlement in precisely the opposite way, so medical benefits are settled for the long term, but indemnity benefits still have room to change and be adjusted over time. Regardless of how a settlement agreement is set up or what specifically it covers, though, it is virtually guaranteed that the state Board of Workers’ Compensation will have to approve the final settlement before it can be enforced, since their approval is required by state law for all workers’ compensation settlements valued at $100 or more.
Under state law, workers’ comp claimants can receive temporary total disability benefits (TTD) for a disabling work-related injury for a maximum of 400 weeks. So, during settlement talks, the claimant’s weekly TTD benefit payment is often multiplied by however many weeks remain out of the starting 400 to determine a base settlement value. Additional compensation may be factored into to cover the costs of unique medical treatment needed to treat complex or life-altering injuries, as well as additional payments the claimant may have been eligible to receive in the future as permanent partial disability (PPD) benefits.
From there, there will typically be deductions for attorneys’ fees and, if applicable, for workers’ compensation benefits the claimant already received prior to starting settlement talks. On the bright side, workers’ comp benefits in Dawsonville are almost always considered non-taxable income at both the state and federal levels, so money received through a workers’ compensation settlement will not be subject to income taxes either.
Negotiating with an insurance company for a workers’ comp settlement can be much more intimidating in practice than it might seem on paper. Unfortunately, these companies are well-practiced at protecting their own best interests over those of people filing claims with them, and they are typically all too happy to put that experience to work in order to pressure inexperienced claimants into accepting unfair settlements.
However, if you come to the table with a tenacious lawyer from Smith Hulsey Law on your side, you may be able to more effectively enforce your rights and make sure you get the compensation you truly deserve. Reach out to us today to learn more about workers’ compensation settlements in Dawsonville.
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