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Settlements

What is a “workers’ compensation mediation?”

Generally, a mediation is a form of alternative dispute resolution.  The idea centers around the parties’ interest in finding a solution to the issue before the court, tribunal, or worker’s compensation board.  This process (more…)

What does it mean to “settle” a case?

Essentially, settlement translates to a closure of the case. Generally, the Employer/Insurer will pay the injured employee a lump sum of money to relieve them of any past or future liability. The decision to settle a workers’ compensation must be a mutual one. The injured worker and the Employer/Insurer must agree to settle the case.

From the Employer/Insurer’s side, it is strictly a business decision. From the injured workers’ perspective (more…)

What is the value of my workers’ compensation case?

A common question that the Atlanta attorneys of the Ramos Law Firm are asked is “how much is my case worth?”  While there is no amount of money that could fully compensate an injured worker for the pain and heartache she experiences, the Georgia Workers’ Compensation Act provides a framework to consider.

First, it is important to consider the injured workers’ (more…)

When is the Right Time to Settle My Workers’ Comp Case?

In our Georgia workers’ compensation practice, injured workers often ask, “when is the right time to settle my workers’ compensation claim?”   As the workers’ compensation scheme pays for medical treatment, it is often recommended that you (more…)

If I settle my Workers’ Compensation Claim, am I still entitled to my pension and retirement benefits?

When an employee settles his or her workers’ compensation claim, the Employer/Insurer usually requires the employee voluntarily resign.  At the settlement, many employees become concerned about their pension and/or retirement benefits, such as flight privileges, monetary bonuses, health insurance coverage, disability insurance coverage and numerous other perks.  Often times (more…)

My workers’ comp stipulation was approved, when should I expect a check?

Once a stipulation agreement is approved by the State Board of Workers’ Compensation, the employer generally has 20 days to make the payment. The question arises, then – if a payment is mailed, when does it have to be mailed to be considered timely? (more…)

Consideration Before Settlement

As we have discussed on our blog site on numerous occasions, the Workers’ Compensation Act provides somewhat limited remedies for people who have been injured at work. The limited nature of the remedy leads to what are sometimes surprisingly low settlement offers.  Based upon these low offers, the injured worker should probably take several things into consideration before deciding to accept an offer. (more…)

What is ADR and how does it help?

Recently, the Daily Report sat down with some alternative dispute resolution [ADR] experts to discuss how ADR can reduce the costs of litigation.

There are three principal types of ADR that are commonly used.  Mediations are commonly used for (more…)

Preparing for Mediation

Meditation is an informal means to try to resolve a claim quickly without the need for Court intervention. If both parties approach mediation in good faith, a resolution can often be reached. While informal, (more…)

Workers’ Compensation Settlement and Medicare Set-Asides

Developing a Medicare Set-Aside makes it easy for insurers to consider Medicare’s interests during workers’ compensation negotiations. Federal law requires that employers, group health plans, and insurance companies, consider the Centers for Medicare and Medicaid Services’ (CMS) interests during the settlement of workers’ compensation claims. There are several ways the parties may consider CMS’s interests (more…)