PODCAST #246 Georgia Workers' Compensation Lawyer - You Settled Your Georgia Workers’ Compensation Claim, Now What?

Ty Wilson Law Podcast

We got a question the other day. "We have settled the case. What's the process from here?" Well, if you've gone to mediation, or you've just determined the number and both parties agree. And you're gonna settle the case. What needs to happen is the insurance company will usually hire an attorney if there isn't one already on the case to draft what is called a "stipulation settlement agreement". A Stipulation Settlement Agreement; there's one of two ways it can handle, they can handle it. If they've never paid you a weekly check it's called a "No liability step". Meaning they're denying everything. They're asking the board to close this file as being denied. You're gonna sign off on that. Meanwhile they will settle for you whatever the agreed settlement amount is. If it is not, if they paid you weekly checks, then the matter has to be what's called a "Bonafied dispute". And what that usually list out in the stipulation settlement agreement is that will list both parties contentions. The employer contends that the employee is able to return to some form of work. The employee contends they are unable to work in any capacity whatsoever. Something like that. But it lists out the contentions and it basically says, "We're gonna put these contentions aside and settle this case. For whatever the amount is that you're gonna settle." So, once that's drafted, you'll review it. You make sure the numbers are right. You make sure everything looks good. There could be some language in there to protect you if you end up having to file for Social Security disability later depending upon the nature of your injuries. And that's gonna be an important part of your Social Security claim. We put language in our workers compensation claims or should have language in there that basically protects you. If you do have to file for security disability later. Again, always recommended that you have an attorney whenever you're trying to resolve a Georgia workers compensation claim. Make sure you're not shorten yourself somewhere else like so security disability, or anything else, for that matter. So, once the document is completed, you will go over and you will sign it, typically, but not always. The employer will also require what is called a release. Releasing them not from workers comp but from anything else related to the claim. And they're trying to prevent you from suing them in other ways after they've resolved the workers compensation claim...
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