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workers’ comp settlement

Tax reporting for Workers’ Compensation income benefits and settlements

As 2013 ended, the issue of whether workers’ compensation benefits and settlement proceeds should be reported as “income” on your taxes has once again arisen.  Generally, IRS Code 104 provides (more…)

What is my workers’ compensation claim worth?

The answer to this question depends on a number of factors uniquely tied to each case. Generally, the claim’s “value” rests on the injured workers’ average weekly wage, the length of time the claimant has been out of work, and (more…)

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…)

Settling my workers’ compensation case

If you have been injured on the job and you are considering settling your claim, please note that the insurance company does not have your best interest at heart.  In fact, they have a vested interested in minimizing your settlement as much as possible.

With that being said, an injured employee and the Employer/Insurer may settle the claim by agreement.  There are two types of settlement:  (1) compromise and (2) no liability.

A compromise “stipulation” is the vehicle used when the Employer/Insurer has accepted liability and there is a “bona fide dispute” as to future or past benefits.  The compromise stipulation include a discussion of the medical treatment as well as the contentions of both parties.  The “no liability” stipulation is used when there has been no finding of liability and the parties agree not to pursue a claim under the Workers’ Compensation Act in exchange for money settlement.  The parties will keep a contract between them regarding the same.

Both types of settlements must approved by the State Board of Workers’ Compensation.  Once the settlement has been approved, the Employer/Insurer must pay the settlement within 20 days or sooner.

If you have questions about settling your workers’ compensation case, and you would like a free consultation, please feel free to contact the Ramos Law Firm at 404-355-3431 or via email.

Recorded workplace deaths in the U.S. in 2009

According to Census of Fatal Occupational Injuries program, the preliminary total of recorded workplace deaths in the U.S. during 2009 were approximately 4,340.  In 2008, the death totals were (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…)

Workers’ Compensation statistics

In 2008, The Bureau of Labor Statistics found that almost 3.7 million nonfatal injuries and illnesses occurred on the job throughout the United States.

In Georgia, the State Board of Workers’ Compensation cited that over 35,550 weekly (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…)

What Happens to My Health Insurance if I Settle My Claim?

One of the major concerns any person has when leaving a job, either voluntarily or involuntarily, is what to do about health insurance.  If the employee had health benefits with the employer, there is continuing coverage available through COBRA.  This coverage is typically (more…)