Georgia Workers' Compensation Lawyer Blog

Almost every time we submit settlement paperwork to the Georgia State Board of Workers' Compensation, the stipulation is approved. Settlement paperwork is normally generated by the workers' compensation defense attorney and is then sent to our office for signatures. Once we review the forms and make any necessary changes, we submit the papers back to the employer/insurer's lawyers' office, and it's submitted to the State Board for approval.

The only time I've seen a client's stipulation paperwork fail to get Board approval was when a client was not forthcoming about child support liens he had in another state. So, always be honest about any child support liens that are outstanding when you settle your workers' compensation claim in Georgia, even if they are from other states.

Remember the children. They are our future.

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Questions for an injury attorney in Atlanta? Contact us at the following:

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

Unless your workers' compensation payment reduces your Social Security benefits, the amount paid pursuant to a settlement or other judicial award are NOT taxable income, per IRS Publication 525. If your Social Security benefits have been reduced because of your workers' compensation benefits, only that portion of your workers' comp benefits is taxable.

In addition to settlements, TTD (temporary total disability), TPD (temporary partial disability, and PPD (permanent partial disability benefits are all workers' compensation benefits that are not taxable, subject to the exception mentioned above.   

Feel free to ask additional questions to my Atlanta law office:

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

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

Most of the time, if you and the employer and/or insurer have been scheduled to mediate your Georgia workers' compensation claim, it is arranged by agreement of both sides and by filing a Board Form WC-100 with both sides' signatures. However, I have been involved in a contentious workers' compensation hearing in Atlanta, and the Judge ordered us to go down to the ADR (alternative dispute resolution) unit to mediate the case. In a case such as that one, we were required to attempt to resolve our issues with a mediator, but we weren't required to settle (and we didn't).

In short, you cannot be forced to accept a settlement offer from the insurance company. You may be force to attend a mediation and attempt to settle your case, but if the best offer given is not good enough for you, you may walk away. If you would like help with evaluating and pricing your workers compensation claim in Georgia, feel free to call my Atlanta law office for a consult.

After mediating or otherwise settling a workers' compensation claim, my clients frequently want to know when they're going to get paid.

With the Georgia State Board of Workers' Compensation's fairly recent switch to paperless filings through its ICMS system (Integrated Claims Management System), workers' compensation claims in Atlanta and elsewhere in Georgia are getting approved quite quickly.  Here's a quick breakdown of the process of settling a workers' comp claim in Georgia and getting paid:

1)  the parties reach an agreement.  Usually, this is a dollar figure, but it can include medical and other provisions that either side wishes to include in its bargained-for agreement.

2)  the employer gets a copy.  The defense attorney sends a copy to the employer.

3)  the claimant and his/her attorney (if he/she is represented) gets a copy of the "stip" and will have several places to sign their names.

4)  the stip is sent back to the defense attorney for signatures.

5)  the stip is sent electronically to the State Board of Workers' Compensation in Atlanta via ICMS. 

6)  the State Board approves the stip.  These days, I'm seeing this occur in a day or two.

7)  the employer and/or insurer have 20 days to pay.

8)  if the employer/insurer does not pay within 20 days of the State Board's approval, a penalty of 20% may be added (per O.C.G.A. 34-9-15).  

If you've been injured at work in Georgia and would like some guidance on whether to accept a settlement offer from an insurance company, please contact Michael Moebes, Atlanta workers' compensation lawyer.