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Can I Back Out of My Workers Compensation Settlement?

Most people have heard about workers compensation settlements.  They understand that settlement generally means payment of an amount of money to end a workers compensation case.

But, many people do not understand the specific details of how settlements work.  One question that people often  wonder about is whether they can change their mind about a settlement.  This article will discuss that very issue.

Man reading letter on couchCan I change my mind before a Georgia workers compensation settlement becomes final?

Georgia workers compensation settlements are different than many other types of legal settlements.  They require approval by the Georgia State Board of Workers’ Compensation before they become final.

Generally, the parties to a settlement will agree on an amount of a settlement.  In many types of legal settlements, this agreement may be enforceable.  Then, formal paperwork is drawn up and signed.

But, in a Georgia workers compensation case, any settlement has to be approved by the Georgia State Board of Workers’ Compensation.  Until the State Board Workers’ Compensation approves your settlement, either you or the insurance company can almost always back out.

Being able to back out does not mean that you should.  You do need to consider that there could be negative consequences of backing out of a settlement.  It could certainly affect whether the insurance company will want to settle your case with you later.  So, you will want to give serious consideration to whether you should back out before deciding to do so.

To back out of a settlement, you would need to take certain steps to withdraw your consent.  If you have already signed the settlement paperwork, then the settlement could be approved if you do not take those steps quickly.  At that point, it could be too late for you to back out.

When does a Georgia workers compensation settlement become final?

The settlement of your workers compensation case becomes final when it is approved by the Georgia State Board of Workers’ Compensation.  This article I wrote discusses in more detail the steps that happens between when you agree on a settlement and when it actually gets approved.

The Georgia State Board of Workers’ Compensation will stamp a date on the settlement document indicating that it has been approved and made an order of the State Board.  At this point, it becomes final and the insurance company has 20 days to pay you the settlement amount.

Can I back out of a Georgia workers compensation settlement once it becomes final?

Once a settlement has actually been approved by a judge at the State Board of Workers’ Compensation, it becomes very difficult to change your mind and back out. Basically, the settlement is an order from a judge once it is approved.

There are some things that can be done to try to set a settlement aside.  One tool used to set aside a judge’s order is a motion to set aside.  But, this is definitely not as easy as backing out of a settlement before it is approved.

You have to meet certain conditions and prove certain things in order to succeed on a motion to set aside.  So, it is probably not a good idea to count on being able to back out of a settlement once it is approved.

If you have doubts about whether you should move forward with settlement, the time to figure out whether you are going to move forward or not is prior to the settlement being approved.  Once it has been approved, it gets much more difficult to back out.

What if I want more information about settlement?

This article talks about workers compensation settlements in great detail.  You may find it helpful to read it as it can provide you with a lot of information.

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.

Brittney-lee orourkeBrittney-lee orourke
05:23 18 Feb 22
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!-Brittney
China JonesChina Jones
18:58 08 Feb 22
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.
Luv LocsLuv Locs
16:08 15 Jan 22
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.
moombimoombi
21:14 02 Jan 22
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.
Dana BessDana Bess
23:57 10 Dec 21
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.
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