Georgia Workers' Compensation Lawyer Blog

The workers' compensation insurer does not have to settle your workers' comp claim in Georgia, but it usually will at some point. Because an accepted workers' comp claim (i.e., one in which you have received disability benefits) means you are owed medical care related to your injury for the rest of your life, absent some subsequent accident or injury, most insurance adjusters want to "close out" their files at some point to avoid a change in condition for the worse popping up years in the future after you've reached maximum medical improvement (MMI).

So, while your claim doesn't have to settle, and you are not owed a settlement, and you can't force a settlement, it's normally in the best interest of all the parties to eventually settle and close an open workers' compensation claim in Georgia.

If your claim has been offered closure and a settlement by the workers' comp adjuster, and you'd like a legal opinion regarding its adequacy, feel free to contact my Atlanta workers' compensation law office:

Moebes Law, LLC
3535 Piedmont Road NE
Building 14, Suite 410
Atlanta, GA 30305
(404)354-5432

If you've been on workers' compensation benefits in Georgia and/or are treating with a workers' compensation doctor after your workplace injury, once you reach maximum medical improvement ("MMI"), your doctor may give you a permanent partial disability ("PPD") rating. This is a percentage based on the American Medical Association ("AMA") guidelines.

The Georgia Workers' Compensation Act provides formulas that give you amounts of compensation due when your doctor gives you a PPD rating, and it's based on where you were injured and your workers' compensation rate. OCGA 34-9-263 provides the breakdown.

If you are paid a PPD rating, it does not mean your case is settled. You can return to work if the doctor so releases you, and you can keep getting medical care from the workers' compensation insurance company doctors if necessary.

While receiving a lump sum may feel like a settlement, an offer of settlement will include a document that is several pages long called a "stipulation" that will clearly indicate you have resolved your workers' comp claim.

If you have questions about an offer to settle your workers' compensation claim in Georgia or about your PPD rating, feel free to call the Atlanta injury attorneys at Moebes Law.

Don't panic just yet. In the past few weeks, I've seen several WC-2 filings indicating a client's workers' compensation disability benefits were about to be suspended, but the insurance adjuster did something incorrectly, meaning benefits were immediately recommenced (along with some penalties and fees).

For example, if the adjuster filed a WC-240 commanding you to return to light duty work in Florida (and you live in Atlanta), that's not a reasonable offer, and the insurance company cannot cut off your benefits.

What if your doctor opined that you might be able to do regular duty in 2-3 months, and 2-3 months have passed, but you haven't seen your doctor in 60 days? They can't cut off your benefits.

What if you get a WC-2 indicating your benefits were cut off yesterday (meaning you did not get 10 days notice)? They can't cut off your benefits.

All 3 of these examples I've seen this month. Unfortunately, many workers' compensation adjusters handle hundreds of files in several different states, and they don't always comply correctly with the Georgia Workers' Compensation Act. Mistakes are made. That's why you need an experienced Atlanta workers' compensation attorney to be your advocate and guide you through your workers' comp claim as you recover from you injuries.

No. I've seen several Georgia workers' compensation insurance adjusters cut off a workers' comp claimant's disability benefits after a treating doctor has released him to light duty lately. This is a mistake (or it could be on purpose). Either way, it's not allowed, unless several steps outlined in O.C.G.A. 34-9-240 are followed.

Basically, your authorized treating physician needs to "sign off" on the light duty job your employer is trying to offer you. Then, notice needs to be sent to you and your attorney via the WC-240 form. A WC-2 also needs to be filed, showing you that your benefits will be discontinued when you return to work.  Finally, you have to get at least 10 days notice.

If you try to do the job and can't, your disability benefits have to start again. 

If your workers' compensation doctor releases you to light duty, and you haven't seen a WC-240 (or any of the other steps outlined above followed), the workers' comp adjuster cannot cut off your temporary total disability benefits. Feel free to call Moebes Law, the Atlanta workers' compensation attorney, for help with your workers' compensation questions regarding light duty releases and return-to-work issues.

Being an Atlanta workers' comp lawyer who defended insurance adjusters for the past five years, I can tell you that your insurance adjuster is not your enemy.  I've found that these folks are often overworked and underpaid, but most of them genuinely want to help injured workers who need medical and indemnity benefits, restoring them to work as soon as possible. 

Perhaps you've heard insurance companies or their employees vilified.  While I don't always agree with their choices of treating doctors or evaluation of claims' exposure now that I represent injured workers in Atlanta, I don't view them as the enemy, either.

Frankly, if you're interested in resolving your workers' compensation claim, getting it settled, or getting a change in physician, it's better to work with--not against--your insurance claims adjuster to the extent you can.  You may think that seeking legal representation will hinder you in this process.  Not true.  Working with a knowledgeable, well-connected Atlanta workers' compensation attorney will help.  Give me a call for a free case evaluation, and we'll develop a game plan.