How do Georgia Workers' Compensation Cases Settle?

• Settlement is a voluntary process. Both sides must be interested in resolving the claim. You cannot go to court to ask an Administrative Law Judge to settle your case.

• Most settlements are reached at a settlement mediation or after the parties have engaged in written or verbal negotiations.

• Generally employers have significant control over the amount of money that is offered by the insurance carrier to settle a workers' compensation case.

• After a settlement has been reached, the defense attorney will prepare documents outlining the terms of the settlement. These documents will be sent to Claimant's counsel so they can be reviewed and signed by all parties.

• The signed documents are then submitted electronically to the State Board. A workers' compensation settlement is not final until it has been approved by the Board.

• It typically takes just 24 to 48 hours for the Board to approve most settlements.

• Upon approval of a settlement, weekly income benefits are suspended immediately unless the settlement was limited to the resolution of housing issues, transportation issues or medical benefits.

• Payment of the settlement proceeds must be mailed within 20 days of Board approval.

• The vast majority of workers' compensation settlements provide that the employer and insurer will no longer be responsible for the injured worker's future medical treatment. If an injured worker has applied for Social Security Disability Benefits or has a reasonable expectation of becoming a Medicare beneficiary within 30 months, the settlement should also include a Medicare Set-Aside.