Most workers’ compensation cases end in settlement, with the injured worker accepting one lump sum of money. The settlement amount is intended to cover the cost of past and future medical care relating to the injury. Call us now at (470) 268-5802 we want to see you get the benefits you deserve.
If you have suffered a head injury on the job and are preparing to file a workers’ compensation claim, you probably have a lot of questions about what to expect during the process. Do all workers’ comp cases end in a settlement? How often do workers’ comp cases go to trial? Our team of head and brain injury attorneys Atlanta at Bobe & Snell Law Office LLC is ready and more than happy to answer all of your questions meticulously and comprehensively. Furthermore, we will help you navigate the Georgia workers’ compensation process while ensuring that you get everything right from the onset until you get the compensation that you deserve.
Most workers’ compensation cases end in settlement, with the injured worker accepting one lump sum of money. The settlement amount is intended to cover the cost of past and future medical care relating to the injury, partial or total disability, or temporary or permanent disability.
Approximately 5% of workers’ comp cases go to trial. If you are unsatisfied with the settlement amount you were offered or your employer’s workers’ comp insurance company has denied your claim, your attorney would take your case to trial.
There are several factors that can help to increase your odds of winning a workers’ comp case, including:
Taking a workers’ compensation case to trial can put you through a lot of stress — on top of the stress you have already experienced as a result of your injury. Thankfully, as we noted above, most cases can be settled outside of court. Here is some more information on the process of settling a workers’ comp claim:
If you have suffered a work-related head injury or illness, you may be wondering whether to hire a workers’ compensation attorney. The answer depends on the severity of your head injury, the overall complexity of your case, and the actions of your employer (or its insurance company).
Learn about which work-related injuries you can probably deal with on your own—and the severe situations – such as traumatic brain injury (TBI) – when you will need help from Atlanta head and brain injury attorneys to get the benefits you deserve.
Generally, you may be able to get by without an attorney if all of the following statements are true:
Even in these relatively uncomplicated situations, it is often a good idea to consult a workers’ compensation attorney about your case. The lawyer can walk you through the process, alert you to potential pitfalls, and give you an honest appraisal of whether you can handle the case on your own.
The moment any complexity arises in your case is the moment you should hire an attorney. Here are some examples of situations that call for a lawyer’s intervention:
In addition to making sure you file all the necessary forms and meet the deadlines, an experienced attorney will know how to gather the evidence needed to support your case, negotiate effectively with the insurance company, and write a settlement agreement to avoid unanticipated consequences.
If you can’t agree on a good settlement, your attorney can prepare for and represent you at the hearing or trial.
The workers’ compensation system may have been intended to provide prompt and fair compensation to injured workers. But now, it seems to work mostly for the benefit of employers and insurers.
Moreover, insurance companies have teams of highly trained workers’ comp lawyers on their side. Hiring a seasoned workers’ comp attorney will go a long way toward tilting the scales in your favor. And because of the way workers’ comp attorneys charge for their services, your lawyer will only receive a limited percentage of what you win.
If you are in any doubt about your ability to handle your claim yourself, don’t hesitate to call our workers’ comp attorney for a free consultation. Whether your workers’ comp case is brought to trial or settled through negotiation, you can count on the head and brain injury attorneys at Bobe & Snell Law Office LLC to look out for your best interests ardently.
Just like the many clients we have helped get a favorable settlement or verdict over our years in practice, we want to see you get the benefits you deserve. Call us now at (470) 268-5802 or contact us online today to get started with a FREE, no-obligation consultation/case review.
You can also negotiate an agreement for a structured settlement that will provide you with payments over a period of time. Contact Bobe & Snell Law Office LLC now at (470) 268-5802 to find an experienced, reputable, dedicated, and professional traumatic brain injury attorney whom you can consult about your workers’ comp case.
In most states, you can negotiate a settlement that will provide you with a lump sum of money rather than continuing weekly permanent disability payments. Contact Bobe & Snell Law Office LLC now at (470) 268-5802 to find an experienced, reputable, dedicated, and professional traumatic brain injury attorney whom you can consult about your workers’ comp case.
If you’ve suffered a work-related injury or illness that left you with some type of lasting impairment—a physical or mental problem that limits your ability to work you may be eligible to receive permanent disability benefits. Call us now at (470) 268-5802 to find an experienced, reputable, dedicated, and professional traumatic brain injury attorney whom you can consult about your workers’ comp case.
Traumatic Brain Injury Settlement: Getting a Fair Amount from Your Workers’ Comp Settlement.
If you’ve suffered a work-related injury or illness that left you with some type of lasting impairment—a physical or mental problem that limits your ability to work—you may be eligible to receive permanent disability benefits from your employer’s workers’ comp insurer. You can simply accept what the insurance company has decided to pay you, in which case you will receive weekly checks for a certain period. But keep in mind that a traumatic brain injury settlement agreement can’t be undone, and therefore, you shouldn’t sign one without researching the law or hiring an experienced and reputable workers’ compensation lawyer.
If you disagree with the amount of money you are owed or you want a different payment set-up, you have two options:
There are advantages to settling, but there are potential pitfalls as well. Before you agree to a settlement, you should understand the consequences.
In most states, you can negotiate a settlement that will provide you with a lump sum of money rather than continuing weekly permanent disability payments. The settlement may also include an amount for future medical care, as well as money the insurer owes you for overdue temporary disability benefits and unreimbursed medical expenses.
You can also negotiate an agreement for a structured settlement that will provide you with payments over a period of time. In these settlements, you don’t need to give up all of your future rights to medical care (in fact, you can’t do that in some states; more on this below).
There are several advantages to workers’ comp settlements, including:
Agreeing to a settlement also carries some potential risks, such as:
Consider whether each of the following types of benefits is part of your traumatic brain injury settlement Atlanta.
You don’t have to be completely disabled or unable to work at all to receive any permanent disability benefits through workers’ compensation. You will probably be entitled to permanent partial disability (PPD) benefits if you lost a body part (like a finger or hand) or you are limited in what you can do at work.
For instance, your doctor may have said you should not lift anything over 25 pounds, walk on uneven surfaces, or sit for longer than two hours at a time. Your limitations could lower the amount you can earn in the future. Even if you aren’t restricted in any way from your injuries, you can ask for compensation for permanent scarring and disfigurement.
Before settlement negotiations begin, the insurance company should send you what is known as a permanent disability rating. That rating can then be converted into the amount of benefits you are owed under state law.
In California, for instance, if you have a 40% permanent disability rating, the insurance company will owe you 280 weeks of PPD payments at two-thirds of your average weekly earnings, with minimum and maximum amounts that change regularly. (Cal. Labor Code §§ 4453, 4658(e) (2021).)
The insurance company may use your rating to come up with a starting settlement amount, but you may want to ask for a moderately higher amount for permanent disability compensation, plus the cost of future medical treatment and any past-due temporary disability benefits.
Some states have different rules for calculating benefits when employees are totally disabled as a result of their injury, or they have a PPD rating above a certain percentage. Often, the employees may receive life pension awards in addition to permanent disability payments.
If you have a total permanent disability, you shouldn’t try to handle settlement negotiations on your own. The calculations are complicated, and the consequences are serious when you’re facing a lifetime of needs without income. You need to hire an experienced workers’ comp attorney Atlanta to protect your rights and your future.
If the insurance company didn’t pay you the right amount of temporary disability (wage loss) benefits while you were off work and recovering—or just did not make some payments—your settlement should include the balance that the company owes you.
Many states require a penalty for late payments (calculated as a percentage of the past-due amount). That penalty can add up to a lot of money, so you should consult with a traumatic brain injury lawyer if the insurance company paid you too little or too late.
The settlement should include any unpaid bills for past medical treatment. As for future medical costs, there are two different ways of dealing with them in settlements, depending on the law in your state:
If you choose the lump-sum option, you should estimate your future costs for doctors’ visits, surgery, hospital stays, physical therapy visits for flare-ups, and medications. Then consider what the worst-case scenario would be if your medical condition deteriorates.
The insurance company won’t pay 100% of your anticipated costs and may try to pay only around 25%. But you can ask for 75% of your estimated future medical expenses. It helps your negotiating position if you can provide a strong opinion from your doctor that you will need continued medical care or surgery in the future.
The actual wording of the settlement can be important to protect your right to other types of benefits in the future. This is where the fee for a workers’ comp attorney can really pay off.
For example, say you apply for and receive Social Security disability benefits. Those benefits could be lower because of your settlement—if it was not worded in a certain way.
Also, before you sign any settlement agreement, make sure you clearly know the answer to these two questions:
The details of a workers’ comp settlement can be tricky. Unless your permanent disability is rated 10% or less, you should strongly consider speaking to a workers’ comp lawyer about your options for traumatic brain injury settlement and what a fair amount would be for someone with your medical impairments.
In most states, a workers’ comp judge will have to review your settlement before it becomes official. This will take place at an informal conference. If you are not represented by a lawyer, the judge may attempt to make sure the settlement is fair to you. But without knowing your medical history, the judge is limited in helping you.
It is a good idea to consult with an attorney who specializes in workers’ compensation claims and cases to find out if your settlement offer is fair. Often an attorney can negotiate a higher settlement with the insurance company than you could do on your own.
In that case, you will still come out ahead after the attorney’s fee is taken out of your settlement, because workers’ comp lawyers generally charge a percentage of what you receive.
Contact Bobe & Snell Law Office LLC to find an experienced, reputable, dedicated, and professional traumatic brain injury attorney whom you can consult about your workers’ comp case and the settlement offer (if you have had any).
Call us now at (470) 268-5802 or get in touch with us online to schedule a FREE, no-obligation consultation/case review today.
