The Valuation of a Workers’ Comp Case.

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Mar 09, 2020

The Valuation of a Workers’ Comp Case

Claim Value Worth

Claim value is a common topic for workers’ compensation claimants. People are often surprised when I give them an estimation as to what their workers’ compensation claim may be worth. Typically, I see my clients get frustrated because there is no element of pain and suffering for their settlement. Unfortunately, work injuries in Georgia are not compensated as personal injuries would be. Specifically, settlement is voluntary, meaning no one ever HAS to settle a case, including the insurance company. There are some employers who will not settle cases at all. But if they do, it has to be an agreement between the parties. I cannot go to a judge and ask for a settlement and there are no juries that award money in workers’ compensation.

Personal Injury vs. Workers’ Compensation Settlements

Personal injury settlements can be much higher as there is the element of damages known as pain and suffering. A recovery for pain and suffering is not allowed in Georgia workers’ compensation claims. Three things go into what makes up a workers’ compensation settlement.

A permanent impairment rating assigned by the Authorized Treating Physician. This is pursuant to the AMA guides and calculated with a formula based on your compensation rate.
An amount assigned for the closure of medical care costs. These are somewhat negotiable.
Evaluation for future income benefits for claimants off work. For instance, if the doctor agreed to certain work restrictions and the employer cannot accommodate those restrictions. But, if you are ever released to full duty, then the Insurer can cut your benefits off. In contrast, if you are given work restrictions, it will drive the settlement value higher. This is the key piece of claim value.

Case Valuation and Settlement Amounts

Typically, case valuation and settlement amounts depend on whether there is a reasonable defense attorney or adjuster on the file. I have been valuing cases for well over 30 years and have a very good idea of what an insurance company will pay. NEVER consider settlement of your case without speaking to an attorney. You will receive a lower settlement without an attorney because the other side knows that you don’t have case valuation experience AND they also know that you can’t take them to court for their misdeeds.

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Workers' Compensation & Short Term Disability

By 7016269839 • 14 Oct, 2022

Workers' compensation provides medical and wage benefits to people who are injured at work. The coverage is mandated by each state and the wage and medical benefits vary by state. Workers’ compensation provides medical expenses, lost wages, and rehabilitation costs to employees who are injured or become ill “in the course and scope” of their job. It also pays death benefits to families of employees who are killed on the job.

The Importance of Uninsured Motorist Coverage

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Another tragic story of folks not having uninsured motorist coverage. Joe was traveling home from work and was involved in a terrible automobile accident. He was struck head-on by a negligent motorist who was improperly passing another vehicle. Due to his injuries, Joe was life-flighted from the scene of the collision. Joe has been hospitalized for over a month, and he will require months of physical therapy treatments both in the hospital and at home. Thus far, Joe has incurred over $80,000.00 in medical costs, and that number is still rising.

Over 30 Years' Experience Fighting for Injured Georgians

23 Jun, 2021

After you've been injured, you need to focus on your physical recovery and your medical concerns. The financial matters shouldn't be a concern, so if you're not getting what you're owed, it's time to bring in Bruce Edwards, P.C. Attorney at Law.

How to Handle a Car Collision in Georgia

11 Jun, 2021

Call the police immediately if the collision injured either you or the other driver. This is mandatory in the state of Georgia in all accidents resulting in injury or death, regardless of who appears to be the at fault driver. After law enforcement writes their report, ask the officer(s) on scene how you can obtain a copy for your own records in order to file an injury claim. The police report acts as the first piece of evidence gathered in your case. Reports typically take three to five days to process. Don’t forget this detail among all the other aspects of your accident claim.

Record-Setting Settlements for Injured Workers of Georgia

22 Mar, 2021

Bruce Edwards, P.C. Attorney at Law has obtained some of the state's largest workers' compensation settlements, including the largest award in Georgia's history. We'll give you a FREE consultation or case review, and if we don't win your case, you don't pay!

Local Lawyers

22 Mar, 2021

As a local lawyer, I have always built strong relationships with my clients. I am able to listen to your concerns, address any questions you may have, and get to know you and your family by developing a personal relationship with you. The relationships my staff and I develop with my clients last a lifetime. We are always there for you!

A Second Chance for Healthcare!

29 Jan, 2021

Good news! The federal government has reopened the Affordable Care Act’s federal insurance marketplaces for three months to give Americans who need coverage during the coronavirus pandemic an extended chance to buy health plans. Enrollment will be reopened from February 15th to May 15th 2021.

Injuries & Low Back Pain

By 7016269839 • 15 Jan, 2021

What is low back pain? Low back pain can affect the back anywhere below the ribs and above the legs. The lower back is the connection between the upper and lower body, and it bears most of the body’s weight. Because of these roles, it is easily injured when you lift, reach, or twist.

Prior Medical History & Job Applications

09 Dec, 2020

Georgia’s workers’ compensation laws are intended to be “liberally construed” meaning that as a matter of public policy, benefits should be awarded to a claimant who suffers and injury while on the clock. Both the Georgia workers compensation statute and courts interpreting that statute do allow employers to deny claims based on certain conduct on the part of the injured worker. For example, an employer can deny a claim that is otherwise payable if the injured employee was drunk or under the influence of illegal drugs at the time of the accident.

Social Security Disability Benefits

20 Nov, 2020

A combination of budget cuts, a lack of staff at social security offices, and an increase of potential recipients, has made getting Social Security Disability or SSI benefits a difficult, three-year process. However, with the proper help and guidance, we can still be successful in getting the Social Security benefits to which you are entitled.