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Back Injury Workers Compensation Settlements

Serious workers compensation back injuries often require substantial medical treatment.  You may need physical therapy, medication management, and injections.  You could also require back surgery.

As a result of the pain and limitations from a back injury, many people have difficulty going back to work.  This difficulty returning to work increases if you work in a physically demanding job.

Settlement provides a way that you can end your workers compensation back injury case and receive a lump sum payment from the insurance company.  This article will talk about what a settlement is and some of the things you should consider if you are thinking about settling your case.

If you would like to find out more about the coverage of back injuries under Georgia workers compensation, please be sure and check out this new article about back injuries that covers how to file your case, what benefits you should receive, how to get medical treatment, and more.

Male doctor shows female patient xray of spine and backWhat is a workers compensation back injury settlement?

A settlement is an agree to accept an agreed upon amount of money in exchange for signing away your potential rights to future benefits in your case.  The amount of the settlement is something that is negotiated with the workers compensation insurance company.

The most important thing to understand about settlement is that no one can force you to settle.  If you do not ever want to settle your case, then you do not have to settle.

Many times, settlement provides a good option for you to receive a lump sum amount of money in exchange for closing your case.  At some point in your case, you will probably want to consider the option of settlement.

When is the “right time” to consider settlement of my case?

There is no certain “right time” to settle your case.  But, you usually want to make sure you have a good understanding of your injury and the medical treatment you need before considering settlement.

If you settle your case too soon, you risk not fully understanding your injury.  Because of this, you could agree to settle your case for too little.  Because a workers compensation settlement is almost always final once the Georgia State Board of Workers’ Compensation approves it, settling your case for too little could be a very bad mistake.

In most situations, I suggest that my clients wait until they reach maximum medical improvement (MMI) before they consider settlement.  By the time you reach maximum medical improvement, you usually have a pretty good understanding of your injury and how it will affect you in the future.

While it is often best to wait until you reach maximum medical improvement, there are certainly situations where you would should consider settlement of your case before you reach that point.  It will all depend on the particular facts of your case.

What should I consider when settling my back injury case?

Settlement of your case means giving up your potential right to future benefits for your injury.  So, I think it is best to consider what benefits you are giving up.

Under Georgia workers compensation law, there are three basic types of benefits you can receive:

  1. Medical benefits
  2. Wage loss benefits (temporary total disability and temporary partial disability)
  3. Permanent partial disability benefits

Each one of these benefits will likely have some value to you in the future if you do not settle your case.  For example, the workers compensation insurance company might have to pay for more doctor’s appointments and physical therapy for your back injury if your case stayed open.  They might also have to pay temporary total disability benefits if your back injury continues to keep you out of work.

How much should I settle my case for?

The answer to this question will definitely depend on the particular facts of your case.  When I value a workers compensation case, I look at what benefits the insurance company will have to pay you in the future if you do not settle.  Based on this, I determine what settlement amount I will recommend to my client

You want to make sure to consider all factors in settlement, but it is easy to leave something out.  I developed a series of calculation in a Microsoft Excel spreadsheet that we use when evaluating cases for settlement.  This spreadsheet I developed helps us make sure we consider all factors in our clients’ cases.

Man and woman reading letter and looking confused

Do I have to settle my back injury case?

No.  You never have to settle your workers compensation case.

You may decide that it is best to just leave your back injury case open and not settle.  If you choose to do that, the insurance company cannot force you to settle.

What happens if I do not settle my case?

If you do not settle your case, your case stays open.  You may receive benefits from the workers compensation insurance company in the future.  Or, you may not receive any more benefits.

Whether you receive additional benefits will depend on what happens in your case.  Your case staying open means you are eligible for future benefits if you are entitled to them.  But, it is not a guarantee that you will receive additional benefits.

If you leave your case open, you need to be aware that there are a number of limits and deadlines that can affect your case.  I discuss a number of those deadlines and limits in this article.

What if I have other questions about workers compensation?

Georgia’s workers compensation system can be very confusing.  You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.

If you have questions, I would recommend that you try to get answers.  To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article.

Jason Perkins is an attorney who specializes in representing injured workers.  He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families.

To be notified of Jason’s new workers compensation videos, subscribe to his Georgia Workers Compensation Video Series channel on YouTube by clicking the subscribe button below.

It took me probably too long to finally get a lawyer when my work comp claim started and I had no idea what I should do. I read reviews and upon recommendation of several people started the process of getting a lawyer. I am fortunate and lucky to have come across Perkins Studdard. Jason and his team has taken care of me since the moment I first called them and made sure any and all questions I had were answered as well as working hard to get me my settlement so I can continue receiving treatment. If you're looking for a good law firm to represent you in your worker's compensation case I would highly highly recommend this one.Autumn Fields
I highly recommend Perkins Law Firm. Throughout the whole process Perkins team kept me updated and explained everything very well. I am very pleased with their work. You will not be disappointed!!trina flornce
Mr. Perkins and team...Tina* they have all been so awesome. Always available to talk to me with any concerns. Kept me informed on my case all the way. Greatly appreciated!Missy Cherry
Amazing! Jason and his team were very helpful and had the best communication by far. Walked me though every step with great detail and had answers for any question I had. They handled my case better then I could imagine, it was a weird case and they stayed on top of it and kept me updated every step of the way! Highly recommend this Team! Thanks so much to Jason and his Awesome team! -BrittneyBrittney-lee orourke
This law firm is very good at what it does the staff and the lawyer's that were involved with my case all were very perfesional and curious I couldn't ask for a better law firm I want to thank everyone for a great job thanks Les RyanLeslie Ryan
I absolutely love this group of attorneys, when I was at my lowest they did everything they could to help me get justice for my injury. I believe if I were to have never picked my phone up and called the amazing group that helped me I definitely would not have received my idea of rights. If you have an issue and are just not sure please understand that they will help you, stay in contact, answer any question you have, and for sure get you the justice you deserve I thank them from the bottom of my heart and I will definitely refer them to anyone who has been hurt because they most definitely care about their work and clients.China Jones
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.Luv Locs
If you must get a lawyer involved, you’d do well to work with Jason Perkins and his team at Perkins Studdard Law. They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case. Jason and the team were responsive to my bevy of questions and concerns. I appreciated the informative videos and consultations provided by Jason over video meetings and multiple phone calls. I hope I’m never injured on the job again. However, if I am and if my employer responds as my previous employer did, I’ll contact Perkins Studdard Law immediately to handle the case.moombi
Everyone at Perkins Studdard was kind and professional. They were always extremely responsive and answered all questions that I had and followed up to make sure I had an understanding of what was going on along with emailing videos to explain every step of my case so I would know what to expect and be prepared. Jason is a very genuine person and I trusted him with my case. He answered so many questions for me even before I retained him as my WC lawyer. I highly recommend him and his associates at Perkins Studdard.Dana Bess
Great staff and very knowlegable. They treat you like family and work hard to get you what you need. Highly recommended.Josh Carter

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Jason Perkins

Workers' Compensation Attorney

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