The mediation may involve the ultimate settlement of the workers’ compensation case or it may be limited to a particular issue such as medical treatment for a torn rotator cuff, surgery on a back claim, or even mileage reimbursement.   At the State Board of Workers’ Compensation, the mediation settlement conference is free of charge to the participants.  Generally, the parties will begin with an opening statement.  Subsequently, the parties will be separated into their respective “caucus.”  The mediator will then shuffle between the parties providing neutral insight to both parties as well as delivering messages.   The information exchanged at the mediation should remain confidential.

At the Ramos Law Firm, we have successfully mediated hundreds of claims and reached favorable results for our clients.

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.

In Georgia, the Employer must pay for the burial expenses not exceeding $7,500.  This amount has not changed since 1999.  If the employee has children, a spouse, or people fully dependent upon the deceased’s wages for support, these dependents may receive workers’ compensation benefits.  If the worker had people partially dependent upon him or her at the time of accident, then those dependents would receive a pro-rated amount of benefits.  If there were no dependents, then the Employer would simply deposit money (usually $10,000) with the State Board of Workers’ Compensation.

If you believe you are entitled to benefits due to the tragic loss of an employee in Georgia and you would like to discuss your case with a workers’ compensation attorney, please feel free to contact the Ramos Law Firm at (404)355-3431 for a free consultation.

From the Employer/Insurer’s side, it is strictly a business decision. From the injured workers’ perspective, it may be more complicated as he or she may be giving up future medical treatment, employment, and future benefits. Therefore, careful consideration must be given to settling a case. Consideration of “real life” circumstances must be addressed. Many clients “need” the money as soon as practicable so that they can save their house, car, or pay for their kids schooling. Insurance companies understand this and they may use it to drive a “better bargain” for their stockholders. Also, the injured workers must consider how they will pay for future medical treatment once the case closes. Generally, the Employer/Insurer will insist that all future medical treatment be the responsibility of the injured worker.

For more information, call us today at 404-355-3431.

In Georgia, the State Board of Workers’ Compensation cited that over 35,550 weekly benefit claims were made.  Over 121 thousand medical claims were made stemming from work-related accidents.  The workers’ compensation board also reported that almost $600 million dollars of weekly benefits were paid in 2007 and almost $700 million dollars were spent on medical benefits.

If you have been injured on the job, it is important that your claim be counted and proper compensation be allowed under the law.  Work place injuries may be the result of repetitive work  duties or they may arise from sudden traumatic experiences.  Proper reporting and representation are crucial in securing your claim and entitlement.  Call the Ramos Law Firm now for your free consultation (404) 355-3431.

First, it is important to consider the injured workers’ medical status.  If the employee is facing surgery or is not close to maximum medical improvement (MMI), then the case should not settle.  The rationale behind this rests in the fact that potential medical expenses may exceed the settlement proceeds.  In other words, there is no point in settling a a case for $25,000 when the potential medical expenses may cost $40,000. It is more sound to settle the case after the injured employee’s medical condition has improved or has stablized.  Therefore, the injured worker must carefully consider the value of his or her future medical expenses as it relates to the industrial accident.

Assuming the employee’s medical status is plateaued, the next consideration is whether the claimant is physically able to return to work in some capacity.  The ability to return to work does not necessarily mean returning to “regular” or “normal” duty work.  Whether the injured worker can return to work for any employer influences the overall value of the case.  If the claimant cannot return to work in any capacity or is totally disabled, the value of the claim generally increases.

Moreover, if the injury is severe, the injured worker’s permanent impairment may be significant.  Georgia law provides another formula for compensating the employee for the permanent loss of use as it relates to the occupational injury.  The formula considers the claimant’s weekly compensation rate, the affected body party, and the level of impairment.  This rating is very specific and incorporates the American Medical Association’s Guides to Impairment (5th Edition).

As you can see, there are many factors to consider how much a workers’ compensation claim may be “worth.” However, the actual value of the case depends on what the insurance company will pay and how much or little the injured worker will take.  No two claims are the same and it is important to consult a workers’ compensation expert like the attorneys at the Ramos Law Firm to navigate the complex work comp law.

When considering resolution of your comp claim, you should consult with  your workers’ compensation  attorney in addition to speaking with your medical providers.  Specifically,  we recommend you determine the following:

• what future medical treatment will be necessary;
• what is the cost of future treatment; and
• whether you will be able to return to gainful employment.

An attorney at the Ramos Law Firm I can assist in evaluating a claim to determine how  a  settlement will impact your ability to seek future medical treatment, return to work, and qualify for Medicare or Social Security Disability.

In some instances, it may be a good idea to secure a Functional Capacity Evaluation or an Independent Medical Evaluation (second opinion) to assist you with determining your future medical care.   A Functional Capacity Evaluation (FCE) consists of a comprehensive set of performance based tests, which are used to determine ability to work, ability to carry out daily living activities and ability to engage in leisure activities.  Whereas, an Independent Medical Evaluation (IME) is an exam by an independent medical doctor who will determine whether you can return to work, are fit for full or light duty work, or if there is an impairment rating.  Often times, an FCE or IME, will assist in projecting the settlement value of the claim.

Remember, there is no exact formula to calculating the value of a claim.  However, the settlement value of a claim may be maximized by working with an attorney and medical providers who are familiar with the evaluation of workers’ compensation claims.

Currently, and until December 31, 2009, a person who is involuntarily terminated, absent gross misconduct, will receive a 65% reduction in the premium amount for COBRA coverage.  This reduction can last for up to 9 months.  Information about this program can be found at www.dol.gov/ebsa/faqs/faq-cobra-premiumreductionEE.html.   This obviously can prove very valuable to those people who are fired after being injured on the job and require medical treatment.  Many people will be able to maintain their health insurance while looking for another job.

Under the terms of virtually every workers’ compensation settlement, the employee is required to resign from employment with the employer.  For most people, this means forfeiting any benefits they may have enjoyed while employed, including health insurance.

Unfortunately, the guidelines for what is meant by involuntary termination in the above-listed website does not specifically address whether a resignation as requirement of a workers’ compensation settlement qualifies.  Based upon what is written, it appears that the Department of Labor would examine each settlement individually to determine whether the resignation was voluntary or not.

The relevant statute provides for an assessment of a 20% penalty for failure to pay a stipulation within 20 days (O.C.G.A. Section 34-9-221(b)). The statute also provides that payments mailed from within the State of Georgia are considered timely made if they are mailed on the 20th day after the approval. Payments made from outside the state of Georgia are considered timely made if they are “mailed no later than three days prior to the due date to the address specified by the employee or the address of record according to the Board.”

The code used to read that the payment had to be received on the 20th day. The state legislature has since shanged that. The language of the statute was explored in Liberty National Life Insurance Co. v. Coley, 201 Ga. App. 203 (1991). In that case the Court compared the difference in the language of the statute and emphasized the fact that the revised language makes quite clear that a payment is “considered paid when mailed.” So if a payment is not received on the 20th day, it is not necessarily late.

The first thing the worker should take into consideration is whether he/she believes that a return to work is possible. Obviously, there is a broad range of injuries that can occur at work.  Sometimes, they are quite minor and clearly will not affect any future employment.  On the other end of the spectrum, obviously some injuries can be so severe that as a practical matter, no future employment will be possible.  The employee must consider then whether the settlement is enough, considering the future employment potential.  Obviously, if the worker has another job lined up already, then a smaller settlement amount may suffice.

Another thing the worker must take into account is the fact that they will have to resign.  Very few employers will allow a workers’ compensation settlement without insisting on a resignation. Remember, though that a resignation is not just a surrendering of a position at the company.  It is surrendering benefits as well.  It is a good idea for the worker to consider all of the costs that will exist upon the resignation, such as health and dental insurance. The resignation will normally qualify the worker for COBRA coverage, but as anyone who has opted for this before will know, that can be extremely expensive.  It is also limited in time span such that once the COBRA expires, the worker is left to seek other insurance if new employment with benefits has not been obtained.  The resignation can also have great affects on a retirement plan.

Taking these factors under consideration are often steps that a worker is hesitant, or even unable, to take. The lawyers with the Ramos Law Firm will help you think through all of the ramifications of your workers’ compensation claim.  We can help connect you with financial planners and other professionals to get the best possible understanding of your financial status.  Having all of the proper information can help ease a worker’s mind about settlement and what the future may hold.