Workers’ compensation cases can be a lengthy process. When you dispute a decision made by your employer’s insurer, you can appeal the decision. Sometimes, the insurer may offer a cash settlement to avoid continuing the dispute.
Workers’ compensation settlements in Oakwood require careful thought and analysis to ensure that you are getting a fair deal. The workers’ compensation attorneys at Smith Hulsey Law could help you negotiate an advantageous settlement and advise you throughout the process.
Workers’ compensation insurers sometimes prefer to settle a claim for a fixed sum rather than continue paying for medical care, indemnity benefits, or permanent disability awards. They may also hope to avoid the costs and uncertainty of litigation. An insurer may offer a settlement at different points in the claims process. Still, reviewing the settlement offer with a knowledgeable workers’ compensation attorney is essential before agreeing to accept the offer.
Workers cannot be forced or coerced into accepting a settlement. However, settling can be advantageous when a worker wants to receive care from a medical provider of their choosing. Many workers may also prefer to receive a substantial lump sum payment rather than smaller weekly checks.
A no-liability settlement may be offered before any benefits are paid. When an insurer offers this type of settlement, it usually means that they dispute that an injury is work-related, but they agree to pay a small sum of money to close the claim.
When an employee has received workers’ compensation benefits, it typically means the employer does not dispute that the employee suffered a work-related injury. The insurer is offering a settlement to close the claim for a fixed sum.
Insurers often offer these settlements when a healthcare provider certifies that the worker has reached the point of maximum medical improvement (MMI) and will not benefit from further treatment. A settlement spares the insurer and the worker from disputes over whether further treatment could be beneficial and the extent of the worker’s permanent disability.
The Oakwood lawyers at Smith Hulsey Law know how to evaluate workers’ compensation settlements and could negotiate for a better offer on an injured worker’s behalf.
People who work for insurance companies negotiate for a living. Their sole objective is to settle a claim for as little as possible, and they may use intimidation tactics to achieve their goal.
An initial settlement offer is likely to be inadequate to meet an injured worker’s needs. The details will vary, depending on where the worker is in the recovery process, but a worker should challenge the settlement to ensure that it:
The skilled Oakwood attorneys at Smith Hulsey Law are excellent negotiators who know how to evaluate the worth of workers’ compensation claims to ensure fair settlements.
Workers should understand that negotiating an appropriate settlement requires significant documentation and may take some time. In the case of a complex injury that creates a substantial disability, negotiations might take several months.
When an acceptable settlement is reached, the Official Code of Georgia Annotated § 34-9-15 requires the State Workers’ Compensation Board to review and approve it. An attorney could draft a settlement agreement and submit it to the board. The review process can take six to eight weeks, depending on the number of cases before the board.
Workers’ compensation settlements typically receive approval in Oakwood, and the insurance company will remit payment in accordance with the terms of the settlement agreement. Most workers will receive their payment within a few weeks. When the board rejects an agreement, it is usually due to a typographical error or other technical deficiency that can easily be corrected.
Although the workers’ compensation program provides valuable benefits, an injured employee who cannot work full-time may experience financial strain. Some workers are unhappy with the employer-approved healthcare providers and prefer to transfer care to a doctor of their choice. Both are good reasons to consider workers’ compensation settlements in Oakwood.
The lawyers at Smith Hulsey Law have devoted their careers to obtaining fair compensation for injured people. Reach out to them today for help with your worker’s compensation case.
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