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Should I Settle My Workers Compensation Neck Injury Case?

Many people have heard about workers compensation settlements.  But, they often do not understand exactly what settlement means or how it works.

A serious neck injury can affect you for the rest of your life.  Some serious neck injuries that often occur at work are herniated discs or spinal fractures.

There are other types of serious neck injuries as well.  Because of how these injuries affect you, you need to understand exactly what settlement will mean before settling your case.

Doctor examining patient with neck painWhat is a workers compensation settlement?

In Georgia, a workers compensation settlement is an agreement between you and the insurance company.  The insurance company offers to pay you a certain amount of money.  If you accept it and move forward with settlement, you give up your workers compensation case.

Basically, the insurance company buys your workers compensation case from you.  Often, they want to do this because your case will cost them money in the future if it stays open.

Since this article focuses more specifically on neck injuries. I am not going to go into as much detail here.  But, I would recommend taking a look at this article that goes into a lot more detail about what a settlement is and how it works.

Do I have to settle my workers compensation neck injury case?

That is easy.  You never have to settle your neck injury case.  While settlement is a choice that is normally available to you, the insurance company cannot force you to accept a settlement.

Some people decide that they never want to settle their cases.  Other people decide to wait until a certain time before settling.  The nice thing about settlement is that you have some control over this decision.

What happens if I do not settle my neck injury case?

If you do not settle, your case stays open.  You may still be entitled to additional benefit from the insurance company in the future.  Or, those benefits could stop at some point.

The insurance company should pay benefits that they agree you are owed.  If they dispute owing you additional benefits, you may have to take the insurance company to court to get those benefits paid.

One important thing to remember is that there are limits on the benefits you can receive under Georgia’s workers compensation laws.  Some laws are how long you can receive both wage loss and medical benefits. There are also limits on how long you have to request workers compensation benefits.

These limits affect what benefits you will receive if you do not settle your neck injury case.  You should consider them when deciding whether you should settle your case or not.

When should I settle my neck injury case?

Man with neck injury and woman reading letterIf you decide to settle, the timing of settlement will depend on a number of different factors.  Some of them include:

  • Have you reached maximum medical improvement?
  • Do you have a financial need to settle your casce?
  • How will a settlement affect your entitlement to any other benefits?
  • What is likely to happen once your case has settled?

It is ultimately about making the best decision for you.  You will probably want to consider what additional medical treatment you will need for your neck injury.

Have you had surgery or is the doctor recommending it?If you can get most of the medical treatment you need before settlement, that is usually a good decision.

You will also need to consider what will happen to you financially once your settlement is finalized.  Will you be able to go back to work and earn income after settlement?

How much should I settle my neck injury case for?

What settlement offer you should accept after a serious neck injury depends on a number of different factors.  Here are just a few that will affect that decision:

  • What is the amount of the weekly check for TTD or PPD  paid to you by the workers compensation insurance company?
  • What is the cost of your likely future medical treatment?
  • How long is your injury likely to keep you out of work?
  • What permanent partial disability rating did your doctor give you?

When I perform a settlement evaluation for someone I am representing a workers compensation, I look at these factors and a number of others.  Our firm created a spreadsheet that factors in all the different thing we want to consider in settlement.  I use that spreadsheet as a guide to do my settlement evaluation.

You need to make a good decision about settlement because it is very difficult, if not impossible, to undo a settlement once the State Board of Workers’ Compensation has approved it.

Workers compensation claim denied with stampCan I settle if the insurance company denies my case?

Yes.  You can still settle your case if the insurance company denies it.  If you do, this will often result in a no-liability settlement which is where the insurance company agrees to the settlement without admitting liability for your injury.

No-liability settlements are a little bit strange.  One important factor to consider is that the insurance company often will not agree to pay for your outstanding medical bills.  This can be an important factor i you have had or will need expensive medical treatment like neck surgery or pain management.

What happens if I agree with the insurance company on a neck injury settlement?

The first step to agreeing on settlement is agreeing on the amount of the settlement.  Once that is done, the settlement is still not final.

Workers’ compensation settlements work differently than almost any other types of settlements.  The main difference is that the Georgia State Board of Workers’ Compensation must approve the settlement before it becomes final.  Until the settlement is approved, either side can technically back out.

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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