How Do I Maximize My Workers’ Comp Settlement?

• July 5, 2024
• Attorney David Mann
• Workers' Compensation

Accidents can happen at any workplace, and any worker can sustain injuries. A workplace injury can disrupt a worker’s life, leaving them struggling with not only physical pain but also with the complexities of workers’ compensation claims and making sure they get the maximum settlement.

As an employee of an organization covered by workers’ compensation insurance, if you sustain injuries on the job, you may receive financial compensation if you file your claim correctly. There are also ways you can maximize your workers’ compensation settlement. To get a settlement, you do not have to prove that your employer was at fault for your injuries — you just have to show that you were injured on the job.

As easy as it may sound, making a workers’ compensation claim is quite a complex process; facing your employer or the organization you work for can be daunting. You will need attorneys who won’t be afraid to advocate for you. Our workers’ comp settlement attorneys can help you.

Why You Should Hire Mann Law Firm to Help Maximize Your Workers’ Comp Settlement

At Mann Law Firm, we know that workers’ comp insurance companies are in the business of making profits. This means they will try as much as possible not to pay a claim or to pay very little. Our years of experience helping workers file a proper claim have helped us develop many strategies against them.

We will handle your case diligently and work hard to ensure you get a favorable outcome. Contact us at (478) 742-3381 to schedule a free case evaluation.

Maximizing Settlements for Workers’ Compensation

When an employee gets a work injury, they might miss work and, at the same time, be left with costly medical bills. Thankfully, in most cases, these injured employees are covered by workers’ injury benefits, which can help with some of their losses during the recovery process.

However, no matter how much benefit the injured workers get, it is not always enough for them to live on, so it is always better to seek a settlement that can be maximized as much as possible. In Georgia, injured workers are entitled to benefits through workers’ compensation even if they do not pursue a settlement.

Workers’ Comp Settlement Options

There are two workers’ comp settlement options:

• Lump-Sum Settlement: In this option, injured workers receive a one-time upfront payment. This option provides instant financial relief, which can be advantageous if the worker has a significant medical bill to settle or needs an effective life adjustment due to their injury.
• Structured Settlement: With a structured settlement, the injured worker receives periodic payments over an extended period. It could be monthly, yearly, or every few years. This approach ensures a steady income stream, which can be helpful for long-term medical or rehabilitation needs.

Most of the time, workers’ comp settlements are paid in a lump sum, while structured settlement is mostly for workers with severe disabling injuries.

Workers’ Compensation Settlement Maximization Tips

To maximize settlements for workers’ compensation, there are several settlement-maximizing tactics you need to know to help strengthen your case.

Get Medical Care and Document Your Injuries

As soon as you get injured at work, seek medical attention immediately. Never assume the injury will heal, as the delay can be used against you. Not seeking immediate medical treatment can give the workers’ comp insurance company a reason to deny your claim. They can argue that since you didn’t need medical help immediately, you were not hurt. Also, your treatment record is vital evidence while making your claim.

Choose Your Doctor

In most cases, workers’ compensation insurance companies have authorized doctors that work with them. If you have a doctor who is not on the insurance company’s approved list, you might have to choose another doctor, and you should also be aware that the doctor works for the insurance company.

This may mean the doctor has a conflict of interest. For example, a doctor might tell you that you do not need to carry out some tests or might say that you can go back to work before you are fully recovered. They might do this so that their regular compensation from the workers’ compensation insurance company will keep coming.

A full description of your injuries can help maximize your workers’ comp settlement. So, without making excuses for your injury, explain how you got injured on the job. When you do this, the doctor won’t have anything to tell the insurance company that can cause them to decrease or deny your compensation.

If you had a medical condition before your work injury, notify the doctor that it did not prevent you from working and didn’t cause your current injury. Ensure you are always specific with your doctor and do not inadvertently give them something the insurance company can use against you.

Tell Your Employer About Your Injury

It is important to tell your employer about your injury as soon as possible. If you don’t do this, your employer might have difficulty believing you were injured. When you report your injury to your employer on time, they will most likely have a report to complete.

If not, the Occupational Safety and Health Administration (OSHA) has a Report of Injury Form you can fill out. The form, when thoroughly completed, will notify the insurance company of your injury.

Some employees who are injured on the job do not report their injuries to their employer for fear of being fired or harassed. This doesn’t usually happen; however, if it does happen, seek the help of a trusted workers’ compensation attorney as soon as possible.

File Your Workers’ Comp Claim Immediately

After telling your employer about your injury, you must file a workers’ compensation claim. You could receive compensation for your lost wages and medical expenses. In Georgia, if you wait longer than 30 days before making a claim, you could lose access to your benefits.

Your lawyer can help you fill out the Report of Injury and alert you to deadlines during the claim process. Filling these forms correctly is an essential part of the process and can help you maximize your workers’ comp settlement.

The Independent Medical Examination

The insurance company will likely ask you to visit a doctor for an independent medical examination (IME). The insurance company can ask for an IME at any time and as many times as necessary.

However, in most cases, the insurance company asks for an IME when you reach maximum medical improvement, the point at which you will not recover further, even if you get additional treatment. The insurance company uses this as a second opinion if the workers’ comp board determines that you qualify for permanent benefits. You must complete the IME to continue getting paid.

Medical Authorizations

The workers’ compensation insurance company will probably ask you to sign a release for your medical records. Under no circumstances should you give it a general release for your medical records. The only thing you should sign a release for is information regarding the injury you sustained at work. Ensure you give access to certain medical records as of the date of your injury – not before.

Make Sure to Behave Accordingly

You must ensure you do not perform activities that make it seem like you are not injured, because the insurance company may have an investigator watching you as you go about your daily life. The investigators could also monitor your home.

Activities such as carrying groceries into the house, picking up a child, or even walking to the mailbox should be avoided. The investigators may record a video of you so the insurance company can attempt to show that you are not injured.

The insurance company can also watch you by checking your social media and scrutinizing medical records to look for notations that you are not following instructions, taking medications, or not keeping appointments.

How Do I Maximize My Workers’ Comp Settlement FAQs

You can contact us for your specific questions, but below are some of the frequently asked questions from our clients:

How Is the Settlement Amount Determined?

The settlement amount is typically based on factors like the severity of the injury, medical expenses, wage loss, and the extent of permanent disability. It can also involve negotiation between the injured worker and the insurance company.

Can I Negotiate the Settlement Amount?

Yes, you can negotiate the settlement amount. It’s advisable to consult with an attorney who specializes in workers’ compensation cases to help you get the best possible settlement.

Can I Reopen My Case if My Condition Worsens After the Settlement?

In some situations, you can reopen your case if your condition worsens or if you discover new medical issues. Consult with your attorney to discuss your options.

Get Help From Mann Law Firm

If you suffered injuries on the job, contact our workers’ compensation attorney at Mann Law Firm by calling (478) 742-3381 to schedule a free case evaluation. To ensure you maximize your workers’ comp case, you should work with an attorney who can help you file your initial claim and guide you through the process.