Are you wondering if you’re getting everything you should from your workers’ comp claim? You’re not alone. Many injured workers don’t know what to expect or how much their claims are worth. The insurance company has attorneys looking out for them – you should, too.
A lawyer from the Law Offices of William F. Underwood, III, P.C., can guide you through the claims process, answer your questions, and help you avoid mistakes that could lower your settlement. Contact us today to set up a free consultation and get the professional guidance you need.
Steps to Build a Stronger Workers’ Compensation Claim
Getting hurt at work can turn your life upside down. If you file a workers’ comp claim in Georgia, the insurance company might not offer a fair amount right away. But you can take steps to support your claim for a better settlement, such as:
- Report the Injury Right Away: Tell your employer about your injury as soon as it happens. If you wait too long, you might lose your right to claim benefits. Georgia law gives you 30 days to report the injury, but it’s better to speak up immediately.
- Get Medical Treatment from an Approved Doctor: Georgia requires you to see a doctor from your employer’s approved list, called the panel of physicians. If you go to your own doctor instead, the insurance company might not cover your bills.
- Follow All Doctor’s Orders: Stick to the treatment plan your doctor gives you. If you skip appointments or ignore medical advice, the insurance company might say you’re not really hurt or not trying to get better.
- Keep Records of Everything: Save copies of your medical records, work restrictions, and any letters from the insurance company. You should also write down what happened, when it happened, and how your injury affects your daily life.
- Tell the Truth at Every Step: Be honest with your employer, your doctor, and anyone else involved in your case. If your story changes or seems exaggerated, the insurance company could use that to deny your claim or reduce your settlement.
- Talk to a Lawyer: A lawyer can look at your case, explain your rights, and deal with the insurance company on your behalf. Legal representation significantly increases your chances of getting full compensation for your claim.
Key Factors That Impact Your Settlement
The following factors can play a big role in how much you receive from a workers’ comp settlement and how long it takes to get the money:
- The Type and Severity of Your Injury: Some injuries heal fast and leave no lasting problems. Others take longer to treat or cause long-term limits. The more serious your injury, the more benefits you might qualify for.
- Whether You Can Work Again: If your injury keeps you from going back to your old job or from working at all, that can increase your payout. But if your doctor says you can return to light duty, your settlement may have less value.
- Your Permanent Impairment Rating: After you reach maximum medical improvement, your doctor may give you a rating that reflects the partial loss of use of the injured part of your body. This rating can affect how much compensation you collect.
- How Much Medical Treatment You Still Need: If you still need future care like surgery, physical therapy, or medication, the insurance company may offer more money to settle the case and close out those future costs.
How Are Settlement Amounts Calculated?
When calculating settlement amounts, insurance companies start by looking at your average weekly wage (AWW). Your AWW is calculated by averaging your earnings for the 13 weeks prior to your work injury. They use that number to figure out how much they owe you in wage replacement benefits. They also review your medical records to see how serious your injury is and whether you need more treatment. If your doctor gives you a permanent impairment rating, they use that to calculate how much you are owed in permanent disability benefits. They also look at whether you can return to work. Once they gather this information, they make a settlement offer accordingly.
Common Mistakes That Can Reduce Your Compensation
Small mistakes can lead to big problems when you file a workers’ comp claim in Georgia. You could lose out on benefits or end up with a lower settlement if you:
- Wait Too Long to Report the Injury: If you don’t tell your employer about your injury within 30 days, you could lose your right to file a claim.
- Go to the Wrong Doctor: You must pick a doctor from your employer’s approved list. If you go outside the list without permission, insurance might not pay for your treatment.
- Skip Medical Appointments: Missing doctor visits makes it look like you don’t take your recovery seriously. The insurance company could use that to lower or stop your benefits.
- Omit Key Details: If you leave things out when you explain how you got hurt, it could cause confusion or delays. Always give a full and clear report about what happened and how you feel.
- Return to Work Too Soon: If you go back to work before your doctor says it’s safe, you could make your injury worse. You also risk losing your benefits if the insurer thinks you’re fine.
- Post About Your Case Online: Social media posts can come back to bite you. Even something that seems harmless could get taken the wrong way and used to question your claim.
- Try to Handle the Case Alone: Trying to manage your claim without a lawyer can lead to errors. If you don’t know how the system works, you could agree to less than what your case is worth.
When Should You Hire a Workers’ Comp Lawyer?
You don’t need to wait until something goes wrong with your claim. You can talk to a workers’ comp lawyer immediately after you get hurt on the job. Your attorney can explain your rights, deal with the insurance company for you, and help you avoid mistakes. If you wait too long, you might miss deadlines or agree to less money than you could. Many lawyers offer free consultations, so there’s no harm in asking questions early.
Contact Our Workers’ Comp Lawyers Today
If you got hurt at work and want to learn more about your options for a workers’ compensation settlement, now is a good time to speak with a lawyer. The Law Offices of William F. Underwood, III, P.C. can help. Contact us today to get started with your free initial consultation session.
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