So how and why would you want to settle your Georgia workers compensation claim?  Hello. My name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney. And our question for today is how and when and why would you want to settle your workers compensation claim? There's a lot of things that go into settling your workers compensation claim.

The first thing that is very important for anyone to know is that you cannot just file a hearing and make the other side settle the claim. Settlement is completely optional, and that is for both the employer insurer and for the injured worker. And so it's highly recommended. If you want to settle your case, you probably should reach out to a Georgia workers compensation attorney, talk to them about where you're at, and they can give you some guidelines and some directions on why or why not. The insurance and employer may not want to settle at this time.

The same is true if they want to settle and you do not want to settle. Well, you may need an attorney to help protect you. As oftentimes when the employer insured want to settle, they put a great deal of pressure on the employee. And while I'm not going to go into great detail on our great depth of what they will do. There are very few lines that some of them will cross. And so sometimes you may need a Georgia worker's compensation attorney to protect you in those types of situations.

Meaning the employer and the insurer want to settle. But you need a surgery and you're not going to be able to function without the surgery. You've got to get the surgery. And so you may need an attorney to help protect you, to help shepherd you through the surgery. And then you can discuss settlement if that's something that you guys decide is in your best interest down the road. And so we discussed that to sell is completely optional.

Now, there are other factors, and there's a lot of them in a worker's compensation claim that make each one of these claims unique and different. Now they're all similar in a way. But some of the factors would include work status. Are you at light duty? Are you at full duty? Are you out of work completely? Are you receiving weekly income benefit checks? And so work status is a Biggie weekly check, more specifically, temporary total disability income than fit checks where you're totally out of work, or temporary partial disability checks where you're partially disabled, but the employer cannot accommodate your light duty restrictions. Well, those are different than if you're not receiving checks and you're at what is called a medical only status, meaning you're only receiving medical care for your injuries.

That could be a big factor as to why the employer and the insurer are not really interested in selling your case, because all they have to do is pay these reduced medical bills. And if they don't have to pay income benefits and they’re doing everything they can to make sure they don't have to pay in the future, well, chances are they are not interested in resolving it. Or if they are, they're resolving it at a lot more lower rate than they are. If there are future Meds, possible future surgery, possible ongoing income benefit checks, and they don't see where they're cutting off. And so those are all factors that can come into play.

And so, as we said, weekly checks, as we said, medical care, prescription costs. Are you now in pain management? Where are you going to have very expensive prescription medication for well into the future? And it's hard to tell when. Well, those are things that as an attorney or another attorney with the Georgia Workers Compensation who practice in that area can help guide you in obtaining the details and the information you need if you do want to sell.

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