How long it takes to reach workers’ compensation settlements in Georgia depends on the unique facts of each case, including how long treatment takes. Once the State Board approves your settlement agreement, it will likely take between 30 and 60 days to receive payment.
Many injured workers feel understandably anxious about how long their workers’ compensation settlement will take, as their injuries can significantly affect their financial situation for a long time. Working with a knowledgeable Georgia workers’ compensation lawyer can help you understand the timeline and take steps to make the process more efficient.
What Factors Can Affect the Time It Takes to Settle My Workers’ Compensation Claim?
Generally, it will take several months to over a year from the date of a workplace accident to reach a settlement. Several factors can influence the timeline for settling a workers’ compensation claim in Georgia, including:
- Severity of the injury – Severe injuries often require extensive medical treatment. Settlement negotiations typically do not begin until the injured person has reached Maximum Medical Improvement (MMI), which is where the workers’ compensation doctor reports the person has healed from their injuries or has improved as much as medically possible.
- Independent medical examinations – If the insurance company requests an independent medical examination to evaluate the injury, scheduling and conducting the exam can add time to the settlement process.
- Legal representation – Workers who try to handle their own settlements might make mistakes that prolong the process. An experienced workers’ compensation attorney can help streamline that process by properly documenting the injury and treatment, handling negotiations, and managing any legal challenges.
- Negotiations – Negotiating with the insurance company can be time-consuming, especially if there are disagreements over the value of the case.
- Backlog – A high volume of claims can lead to delays in scheduling hearings with the State Board of Workers’ Compensation, which is required in most workers’ compensation cases.
How Long After Reaching a Settlement Does the Insurance Company Have to Pay Me?
Once the State Board of Workers’ Compensation approves a workers’ compensation settlement agreement, the insurance company typically has 30 to 60 days to issue payment. However, the specific timeline may vary depending on the terms of the settlement agreement and the policies of the insurance company.
It is important to note that the settlement agreement should clearly outline the payment timeline and any specific requirements or conditions that must be met before the payment is issued. If the insurance company fails to make the payment within the agreed-upon timeframe, legal action may be necessary to enforce the settlement terms.
Should I Accept the First Settlement Offer I Get?
You should not accept the first settlement offer from the insurance company without carefully considering your options and consulting with an attorney. Insurance companies often start with a low initial offer, hoping the injured worker will accept a settlement that saves the insurance company money.
Before accepting any settlement offer, it is crucial to understand the full extent of your injuries, the potential for future medical expenses, and the impact on your earning capacity. An experienced workers’ compensation attorney can help you evaluate the offer and negotiate a fair settlement that adequately addresses the extent of your claim.
In some cases, rejecting the initial offer and continuing negotiations or pursuing legal action may result in a better settlement. However, it’s important to consult your lawyer about the potential benefits versus the additional time and effort required, as well as the risk of receiving a less favorable outcome if the case goes to a hearing.
How Long Do I Have After My Injury to Submit My Claim?
Georgia workers’ compensation law requires injured workers to report a workplace injury within 30 days or risk jeopardizing coverage. Once the injured worker has notified their employer, they have up to a year from the date of the injury to file their claim.
Missing these deadlines may lead to losing your right to receive compensation for your work-related injury. Speak with a Georgia workers’ compensation attorney to ensure you take all actions and make all claim filings on time.
Is There a Deadline to Appeal My Workers’ Compensation Claim in Georgia?
You may have the option to file an appeal if your workers’ comp claim was denied. An attorney can help you determine whether you have a legal basis to do so and pursue a favorable result.
After your employer’s insurer denies your claim, you can request that your case be heard by an Administrative Law Judge (ALJ). This hearing typically takes place within 60 days of the judge receiving your claim. Each side will have the chance to present evidence and make their case. The ALJ will then make a determination within 30 days, either upholding the denial or approving your claim.
If the judge also denies your claim, you must appeal the decision within 20 days of the workers’ compensation hearing. This process involves submitting an application with a document listing the errors you believe the original judge made when ruling on your case. You must also submit your brief, which thoroughly explains all the facts of the case. If you request an oral argument, the date will be set within 60 days of your filing.
From there, you can still take further steps to appeal your denied claim, including the Superior Court and the Georgia Court of Appeals. At each stage of the process, working with a Georgia workers’ comp attorney will help protect your rights and interests.
Contact a Georgia Workers’ Compensation Lawyer
If you were injured on the job, you may have a right to receive compensation for your workplace injuries. However, the Georgia workers’ compensation system is confusing. Receiving a full and fair workers’ comp settlement does not happen automatically. Working with a skilled Georgia workplace injury attorney can help you avoid common pitfalls in your workers’ compensation case.
The experienced legal team at Sherrod & Bernard, P.C. has stood up for injured workers’ rights for more than 30 years. Our attorneys are ready to provide you with the support and advocacy you need to demand the workers’ comp settlement package you deserve. Call us today or contact us online for your free consultation.
